, 2004-07-26
A federal court recently ruled that website privacy policies aren't binding, because nobody reads them. The implications are far reaching for contract law and the Internet.
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Shrink wrapped and click through agreements challenged?
2004-07-26
John the Kiwi (1 replies)
John the Kiwi (1 replies)
if i buy a copy of Windows and install it on my three computers without reading EULA, although i click to say "agree" for installation, i am in no way bound by EULA because 1) i bought a copy which is now "my property" and in no way MS's and 2) the promissory note --- the unread note in particular --- is no longer considered to be legally binding. and if MS comes to my door and tell me that i am breaching the EULA which they believe to be a type of "contract," then i can just shrug them off saying "so what?" and igore them?
the service and data and other so-called "intellectual properties," since these go and circulate out of the hands of the legitimate owner, rely on the "good faith" of both parties in making agreement at distance. if one of them disregard the agreement on whatever ground, it seems to me that it is not simply breaching one instance of these agreements but challenging the "good faith" that makes each of them binding in the first place...
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Link to this comment: http://www.securityfocus.com/comments/columns/257/27716#27716