I'm also starting to read there are some who are questioning the validity of "shrink wrap" EULAs. The question is: once a transaction has been completed, does a EULA violate the "right of first sale". Is it legal to put conditions on the sale of an asset after you have already been paid for it?
Personally, I think if they wish to put conditions on the sale, they need to be spelled out and agreed to before the transaction is completed.
Does Toyota legally have the right to tell you how you can use your new Camry after you have purchased it? You have the keys in hand, but if you start the car you agree to only drive on paved roads. And if you do not agree, you have opened the door so you cannot get a refund, only Toyota in-store credit.
__________________
"The problem with any ideology is that it gives the answer before you look at the evidence."
—Bill Clinton
"The greatest obstacle to discovery is not ignorance--it is the illusion of knowledge."
—Daniel J. Boorstin, historian, former Librarian of Congress
"But the Senator, while insisting he was not intoxicated, could not explain his nudity"
—WKRP in Cincinatti
|