Contract v copyright (was Re: [oclug] cracked?)
rod at giffinscientific.com
Sat Jan 10 10:58:46 EST 2004
On Sat, 2004-01-10 at 10:19, Brad Barnett wrote:
> I'm sorry, this is not the case. When you purchase something, you
> are negotiating a contract. Unless the EULA is fully available to you,
> and you are made aware of it an all its contents prior to purchase, you
> are not bound by it. Otherwise, it is not part of the sale (which is a
> contract, the most ancient form of).
I understand your position here, but you drew the conclusion that it
isn't binding because you weren't aware of the EULA beforehand. A
copyright license is binding because it is a copyright license and the
copyright Act makes it binding.
More information about the OCLUG