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ssj12 said:
Gnizmo said:
Kasz216 said:


But you would totally be allowed to break that safe to get it.  Or assuming that safe belonged to someone else, get a court order to force them to open the safe.


Indeed. The concept here is not all contracts are created equal. EULAs as an example have a horrible track record. The few times they have been tested in court has not gone well as I recall. Contracts can, and routinely are completely invalidated because the law supercedes any dealings the citizens of a country have.


From my knwledge, EULAs never hold up in court, ever. In the EU this is extreme fact and is why you never hear about this crap over there.


ESLAs should never hold up in court (in particular when it comes to piracy) because you can’t assume implicit agreement to a contract (as it is done in the videogame industry), there is no way to prove who agreed to a check-box agreement when installing software, and there is no reason to believe that the people copying and distributing the software ever agreed to the ESLA.