On Sat, Apr 28, 2012 at 2:53 PM, Alec Warner <anta...@gentoo.org> wrote: > That doesn't mean you didn't / cannot accept, merely that some (all?) > provisions are likely unenforceable in a court of law. I don't think > EULAs have been ruled illegal yet.
I doubt that my proclamation that you aren't allowed to eat breakfast has been ruled illegal yet either. Fortunately that has no bearing on whether you need to listen to me. :) Oh, and I also proclaim that you accept my proclamation by choosing to eat your next meal. Fortunately in reality that has no bearing on whether you accept my agreement either. Just because a publisher says that the terms of a contract of adhesion are binding on you by virtue of your taking some action does not make it so. Courts have ruled inconsistently on whether EULAs can be enforced. Then again, Missouri is one of those places where courts have ruled that software is not sold but licensed, and the Foundation is incorporated there (as well as in New Mexico). So, perhaps there is some element of risk here, though I'd have to read the court decisions to see whether the fact that the software is free impacts the enforcability of the EULA. That makes me wonder whether we should consider more carefully where we incorporate - if it makes us more subject to local jurisdiction it probably isn't a good idea to incorporate in multiple jurisdictions since it allows a potential plaintiff to venue shop. Rich
