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Geek Culture / Getting away with a license agreement

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piXX3D
17
Years of Service
User Offline
Joined: 27th Mar 2007
Location: Nowhere
Posted: 30th May 2007 19:05
OK, so here's a license agreement that I could put in my game:

LICENSE AGREEMENT

By clicking accept, you are acknowledging that you will allow Cipher Software full access to your bank account, your house, your car, and your wife. You also are giving us permission to infect your computer with spyware, adware, malware, and other nasty virus thingies. You are also guaranteeing that you will not be suing us or any of our affiliates.



So could people actually get away with this legally?

http://www.ciphersoftware.co.uk/

Your signature has been deleted by a mod. It hasn't really, this is just me trying to sound funny. My attempts are pointless.
zenassem
21
Years of Service
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Joined: 10th Mar 2003
Location: Long Island, NY
Posted: 30th May 2007 19:13
You could put that in there, but it wouldn't stand up in court. You would have a tough time enforcing any of those. And regardless of the "agreement" you would likely be sued. The outcome would greatly depend on the court reviewing the case, if one was borught against you.

from wikipedia
Enforceability
The enforceability of an EULA depends on several factors, one of them being the court in which the case is heard. Most courts that have addressed the validity of the shrinkwrap license agreements have found them to be invalid, characterizing them as contracts of adhesion, unconscionable, and/or unacceptable pursuant to the U.C.C. —see, for instance, Step-Saver Data Systems, Inc. v. Wyse Technology (939 F.2d 91), Vault Corp. v. Quaid Software Ltd. (at harvard.edu) and Rich, Mass Market Software and the Shrinkwrap License (23 Colo. Law 1321.17). A minority of courts have determined that the shrinkwrap license agreement is valid and enforceable: see ProCD, Inc. v. Zeidenberg (at findlaw.com), Microsoft v. Harmony Computers (846 F. Supp. 208, 212, E.D.N.Y. 1994), Novell v. Network Trade Center (at harvard.edu), and Arizona Cartridge Remanufacturers Association Inc. v. Lexmark International Inc. may have some bearing as well.

The 7th Circuit and 8th Circuit subscribe to the "license" and "not sold" arguments, while most other circuits do not. In addition, the contracts' enforceability depends on whether the state has passed Uniform Computer Information Transactions Act (UCITA) or Anti-UCITA (UCITA Bomb Shelter) laws. In Anti-UCITA states, the Uniform Commercial Code (UCC) has been amended to either specifically define software as a good (thus making it fall under the UCC), or to disallow contracts which specify that the terms of contract are subject to the laws of a state that's passed UCITA.

Recently, publishers have begun to encrypt their software packages[citation needed] to make it impossible for a user to install the software without either agreeing to the license agreement or violating the Digital Millennium Copyright Act (DMCA) and foreign counterparts.

The DMCA specifically provides for reverse engineering of software for interoperability purposes, so there was some controversy as to whether software license agreement clauses which restrict this are enforceable. The Eighth Circuit case of Blizzard v. BnetD (at eff.org) determined that such clauses are enforceable, following the Federal Circuit decision of Baystate v. Bowers. [1]

piXX3D
17
Years of Service
User Offline
Joined: 27th Mar 2007
Location: Nowhere
Posted: 30th May 2007 19:59
Oooh sounds nasty, I'd better not put my version in any more of my games!

http://www.ciphersoftware.co.uk/

Your signature has been deleted by a mod. It hasn't really, this is just me trying to sound funny. My attempts are pointless.
indi
22
Years of Service
User Offline
Joined: 26th Aug 2002
Location: Earth, Brisbane, Australia
Posted: 30th May 2007 20:06
Quote: "your wife"

if you must

Raven
19
Years of Service
User Offline
Joined: 23rd Mar 2005
Location: Hertfordshire, England
Posted: 31st May 2007 13:53
If you want to have a license for your game you have a few options.

GPL, CCL, EULA or writing your own. For your own to be valid, you MUST have it proof read by an arminsman (i.e. your solicitor) they will outline if it conforms.

I personally use an EULA and NDA template available on msdn2.microsoft.com, which covers me completely on Microsoft platforms. Given all of my work is for them, it works out quite well. For Linux/Mac work, there is another one they call a Microsoft Common License; which covers your basic rights without forcing you to reveal source you don't wish to.

The only gripe I have with GPL is in the business world it opens up a minefield; it's quite unprotective against those like Microsoft, however a plus side is it entitles you to their solicitors to fight for you (who are some of the best in the world when it comes to licenses and patents)

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