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Enforceability of EULAs

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Kevin Dangoor

Posts: 1101
Nickname: tazzzzz
Registered: Jul, 2003

Kevin Dangoor is a developer with JSTOR
Enforceability of EULAs Posted: Jan 21, 2005 5:20 AM
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This post originated from an RSS feed registered with Java Buzz by Kevin Dangoor.
Original Post: Enforceability of EULAs
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Don Shelkey, the author of Enforceability of EULA's [1] is a lawyer (not providing legal advice, of course). This article provides a quick review of how the courts have viewed End User License Agreements. It appears that in many cases, a click-through license agreement is enforceable as a contract. Good to know if you're either clicking through, or creating/choosing a EULA for your software.

This still leaves the GPL untested. Given that there's no "consideration" for GPLed software, and that you generally don't even clickthrough and many GPLed packages, the GPL will probably still have its day in court.

[1] [link goes to MirrorDot because the original seems to have gone off the air]

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