, 2005-10-24
Suppose you are setting up a website to deliver the latest software, product, or service. Before the site goes live, you go to your lawyer (of course you do, don't you?) who reviews your online privacy policy, your online security policy, and your policy regarding collecting information from or about children. Your lawyer reviews the site overall for anything that might be considered or interpreted a fraudulent or deceptive practice. Of course, if it were up to lawyers, the only content on the Internet would be in the form of disclaimers.
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The click-wrap conundrum
2005-10-24
Todd Knarr (1 replies)
Todd Knarr (1 replies)
1) What happens if the party agreeing to this
particular EULA happened to be my 12yr old
son? Is that still legally binding?
2) Regarding the "NO WARRANTY" clauses that
almost all EULAs have that said software is
distributed on "AS IS" BASIS, yada, yada...
at least in the state of OH, my attorney tells
me that you can't actually waive tort, even
if a party agrees to something like this. I
suspect that's true in other states as well.
Also, I should think that it is not
enforceable if it makes you agree to anything
illegal. If that's the case, perhaps all we
need is a comprehensive law that outlaws
certain specific behaviors (e.g., require
pop-up warning whenever any personal info
is transmitted over the Internet, software
must be easily removable or provide working
uninstaller, etc.) If we get the right
federal laws, seems like we're halfway home
to making EULAs like this one unenforcible.
-kevin
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Link to this comment: http://www.securityfocus.com/comments/columns/365/32619#32619