Recently I had to do some updates to iPad, and I was asked to agree to a 30+ page densely written user agreement, for the umpteenth time. Obviously it is not practical to read that whole bunch of legalese. Is there any concept in law that invalidates some consent given by agreeing to such snowjobs, or are users strictly responsible for everything that they agree to, no matter how long or readable?
Google "contract of adhesion" and look at the wiki. The law is mixed, but you're probably fucked unless the clause is something like "and you owe us $8,000,000 a month starting in month two."
Quote from: ulmont on October 17, 2012, 08:09:32 PM
Google "contract of adhesion" and look at the wiki. The law is mixed, but you're probably fucked unless the clause is something like "and you owe us $8,000,000 a month starting in month two."
From what I'm reading, EULAs are considered closer to shrink wrap contracts.
QuoteIt may be worth noting that the user in the Zeidenberg case had purchased and opened the packages of multiple copies of the product, and therefore could not easily prove he remained ignorant of the contract/license; whereas in many cases, the so-called shrink-wrap "license" agreement has not been reviewed at the time of purchase (having been hidden inside the box), and therefore is arguably not part of the implicit legal agreement accompanying the sale of the copy, and is thus not enforceable by either party without further "manifestation of assent" to its terms. In general, a user is not legally obligated to read, let alone consent to any literature or envelope packaging that may be contained inside a product; otherwise such transactions would unduly burden users who have no notice of the terms and conditions of their possession of the object purchased, or the blind, or those unfamiliar with the language in which such terms are provided, etc. At the very least, the fair trade laws of most U.S. states would grant a buyer the right to cancel the purchase of a product where an enclosed contract provides terms of which purchaser can not be aware at the time the product is purchased.
Quote from: DontSayBanana on October 17, 2012, 08:37:15 PM
From what I'm reading, EULAs are considered closer to shrink wrap contracts.
Yes. The law is limited but mixed on shrink wrap contracts.