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.