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Sony's legal issues
Mark Rasch, 2005-11-14

Last month I wrote about a dispute between the Federal Trade Commission and a spyware distributor where the FTC alleged that an End User License Agreement, which essentially told downloaders that they were downloading spyware, was a false and deceptive trade practice. Two events cause me to revisit this issue. First, the FTC has gone after another spyware distributor, and second, Sony Corporation has caused the surreptitious installation of a rootkit-type program to enforce its digital rights management on its music CDs, claiming authority to do so under an End User License Agreement.

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Sony's legal issues 2005-11-14
fatman (2 replies)
Re: Sony's legal issues 2005-11-15
Mark D. Rasch (2 replies)
Re: Re: Sony's legal issues 2005-11-17
Anonymous
Re: Re: Sony's legal issues 2005-11-17
Yvan Boily
Re: Sony's legal issues 2005-11-22
R Simard
Sony's legal issues 2005-11-15
Anonymous (2 replies)
Re: Sony's legal issues 2005-11-16
Anonymous
Re: Sony's legal issues 2005-11-16
Anonymous (1 replies)
Re: Re: Sony's legal issues 2005-11-17
Anonymous
Sony's legal issues 2005-11-15
Anonymous (1 replies)
Re: Sony's legal issues 2005-11-16
Anonymous
Sony's legal issues 2005-11-16
norgan
Here's how you get the CD to play... 2005-11-16
Gordon Fecyk
Sony's legal issues 2005-11-16
dreq
Sony's legal issues 2005-11-16
Alexey Vesnin
Sony's legal issues 2005-11-16
ChiRaven
May be illegal in UK 2005-11-16
Anonymous
Sony's legal issues 2005-11-16
Steve (1 replies)
EULA's, I believe are invalid and fail to qualify as contracts. Based on my rather limited knowledge of law, a contract has to be a mutual agreement between the parties. While one can argue that clicking on the "I agree" button constitutes some sort of "agreement" I don't think so. Further, the vendors believe that the EULA can be modifed by them at any time. So if we allow unilateral contracts that are not bound by time - then the user has a right to send the vendor his own version of a final ELUA that could remove all the venor rights. By allowing your program to run on my machine, I can make as many copies of this program as I want. These EULA's are not rationale, insane actually.

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Link to this comment: http://www.securityfocus.com/comments/columns/369/32673#32673
Re: Sony's legal issues 2005-11-19
Mark Rasch (1 replies)
Re: Re: Sony's legal issues 2005-12-01
Anonymous
Sony's legal issues - EULA and DELL 2005-11-16
Anonymous (1 replies)
Sony's legal issues 2005-11-16
Steve
But what are the consumer's remedies? 2005-11-17
HavaCuppaJoe (2 replies)
Sony's legal issues 2005-11-21
Anonymous
You Missed Something Big! 2005-11-22
Anonymous
Validity of the EULA 2005-11-22
Stephan Schulz
Sony's legal issues 2005-11-22
JCD
What recourse does a buyer have? 2005-11-22
Jaywalk (1 replies)
Sony's legal issues 2005-11-22
Capt Chas
Sony's legal issues 2005-11-29
Thaddy de Koning







 

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