, 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)
fatman (2 replies)
Sony's legal issues
2005-11-15
Anonymous (2 replies)
Anonymous (2 replies)
Sony's legal issues
2005-11-16
Steve (1 replies)
Steve (1 replies)
When is an EULA displayed? When you're browsing the shelves at CompuUSA? When you're listening to the CD on headphones at Border's?
Nope. I'll tell you when it's displayed.
After they have your money, that's when.
Name one other industry in the face of the planet where a company can dicatate contract terms after they've already cashed your check. When you buy a house? When you buy a car? Nope.
And if you decide that you don't like the contract terms and take the CD back to Border's or CompUsa what do they tell you? They tell you "Sorry you've already broken the shrinkwrap" and won't take the product back.
How can this possibly be considered enforceable under any reasonble set of laws?
Explain this to me, if you would...
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Link to this comment: http://www.securityfocus.com/comments/columns/369/32678#32678