It might be *more* legal to show a license agreement, assuming it had some fine print that tells the user they are about to be hijacked. But even if it forces people to read it and explicitly check a box, I doubt that it would stand up in court.

Most click-through EULAs (End User License Agreements) are there to protect the owner of the software from loss of revenues due to unauthorized copying or reverse engineering, not to warn users of the side-effects of using the software. By far, the majority of users do not read all the terms and conditions.

So, I would expect a "reasonably knowledgeable" judge or informed jury to say that users clicking through a license agreement dialogue generally understand that they are agreeing not to abuse their right to use the software. Expecting them to read every term for hidden disclaimers should be considered an unreasonable expectation from a legal point of view.

If it's illegal, no click-through shrinkwrap license agreement is likely to stand up in court. They are toast.

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