Unfortunately, that's not a good comparison. Working in technology retailing, we have a strict policy on returning open software. It doesn't happen. (Basically, this can be blaimed on the dark side of cheap CD burners.) The computer COULD be returned (hopefully for full value).

I think the manufacturer should be forced to post the EULA on the EXTERIOR of the box. As a corollary to this, I think we should have EULA reform, simplifying the terminology and reducing the scope of conditions, as well as clearly separating the EULA for any additional bundled software, and demarcating whether or not the product contains any sort of profiling or monitoring software. All that would be needed for this would be an extra flap on the back of the box, which shouldn't place undue fiscal hardships on the manufacturers. This would allow any users to walk into the purchase aware and forearmed for any future legal issues.

I remember buying dbase III many, many moons ago, and having the license tell me I didn't owe the product, merely the right to use it, which could be revoked by Ashton-Tate at any time for any reason. Needless to say, I got my money back and I learned to evaluate EULAs as well as the product features, until the current ungainly, overpowered behemoth known as intellectual property law gave me no option but to accept otherwise unacceptable terms.

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