I can't read the signature on my paycheck but I still get paid:drink:
A wise person wouldn't agree to something they can't read and thus - return the product.
And then there's the part about was a funky font selected on purpose for the intent to defraud the end users? Or is the font a standard font and the end issuer screwed his or her own pc?
All of my contracts are typed in Wingdings.
So, if you buy a very expensive piece of software that doesn't work as advertised AND the agreement is poorly written, YOU have no recourse because you agreed with the agreement when you opened the box?
I think that if the ToS is poorly written/worded then you have a case even if you agreed to it. I think it falls harder on the business for not using clear and concise words and sentencing than the end user for agreeing to something they didn't understand. There must be a basic guideline that has to be adhered to when writing up something like a ToS. Something to prevent everyone from doing it. Otherwise we would have all been suckered in a long time ago. I mean unless you're a lawyer or something and you know the law, whose to say otherwise?
What do Copyright and licensing agreements have to do with each other? I thought the agreement is how you can use the software, where as the Copyright is a protection of ownership should someone else claim it as their own.
For instance, if the license agreement says you may not modify the software, and the software has no Copyright - you could modify the product without infringing. ?
depends on your lawyer(s) you going to go against Apple with just 1 lawyer? lol
years ago when the www was spawned from bbs' and .wav files were dominant, you could make a midi of say Metallica and it was ok. Try to play a .wav of Metallica and you got a cease and desist, if not worse. I was able to beat it with a remix and IP (Intellectual Property) right loophole. Did you read the whole agreement?
[Slightly off topic, perhaps] You see a lot of copyright protected material on the internet these days such as Youtube (even full length movies and music videos etc, uploaded by the typical user) with the Fair Use clause stated in the description. This apparently allows the upload and Google have never removed the content. Fair use at is core is stating that if you are not making a profit from the material, then it can be uploaded/broadcast. This is also true for educational purposes, news reporting and even public criticism.
Fair Use Clause