Forum: Poser - OFFICIAL


Subject: THUNDERSTORM CREATIONS-EULA

Jaqui opened this issue on Jul 18, 2002 ยท 73 posts


Phantast posted Sun, 21 July 2002 at 6:09 AM

But this is what I am saying - copyright law is copyright law. Breach of copyright is breach of the law, whatever the situation, EULA or no EULA. Suppose that, at the bottom of a long EULA, you put in a statement "Under the terms of this agreement, any property belonging to the person installing this software automatically becomes the property of the vendor of the software." Do you believe you could enforce this if the user clicked "I agree" without reading the full text? If you believe that any terms become legally binding if the user installs something, then, well, an easy way to riches surely opens up before you. You only have to nail a few people like this to be on Easy Street. All your copyright law above does not cover this. I don't dispute that any creation is the copyright of its creator, and I uphold that absolutely. What I don't see in any of the law posted above is that the terms of an EULA give the software vendor any rights over and above standard copyright law, and that such additional rights are enforceable just because the user installs the product. If such a law did exist, it would be assinine, because so easily liable to abuse as in the previous paragraph. The point about who clicked a button seems to have been misunderstood. If I sign an agreement, it's enforceable because it's quite evident that I, myself, put my name to it. With installed software that is not the case. If I have software that I didn't install, how can it be said that I entered into an agreement? And of course, this is common, since most PCs come with some software preloaded. If you think that ANY TERMS (not just copyright) are enforceable just because someone buys a PC with that software loaded on it, then again, the possibilities for abuse are opened up. Don't imagine I'm knocking copyright, I'm not. I am against the idea that, for example, Microsoft have the right to control the contents of any document written using Microsoft software. (It's rumoured that the MS Office EULA contains, or will contain, a clause prohibiting the use of said software to write anything derogatory about Microsoft.)