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  1. #11
    AO Curmudgeon rcgreen's Avatar
    Join Date
    Nov 2001
    EULAs are bogus anyway. When the s**t hits the fan, they are unenforceable
    because they are a form of extortion. If you choose not to click "yes",
    the program won't install, but you have already paid for it.

    When I worked on cars, the work order the customer signed had tiny print
    at the bottom saying essentially "if I test drive your car and crash it,
    tough luck, I'm not liable" AFAIK, those kind of statements
    are not enforceable, and may be overridden by various laws.

    Businesses are always attempting to intimidate you into believing that
    you have no rights. That may be true in Zimbabwe, but most everywhere
    else the consumer has the upper hand legally.

    You can do whatever you want to your own computer with confidence
    Let them sue me for the 9,000 illegal copies of Bonzi Buddy I have running
    on my network.
    I came in to the world with nothing. I still have most of it.

  2. #12
    Join Date
    May 2003
    Legal efforts to enforce EULAs have been very limited in their success. Essentially it boils down to this:
    [list=1][*]It is difficult to sue the vendor for damage caused to your own system as a result of violating the EULA.[*]It is easy to be sued by the vendor if you both profit and cause them loss as a result of violating the EULA.[/list=1]

    Most of what you read in EULAs is completely unenforceable as it deals with users signing away rights that they don't yet have. For example, signing an agreement that says you can't sue for various damages that might be caused by the product. Beyond all that, EULAs have been completely thrown out on a number of occasions, particularly when dealing with website access and terms of use. They do not indemnify the vendor or bind the user.

    All of that aside, the material is too grey... you can argue that malware, without your consent or knowledge damaged or removed the program, just as you could argue ignorance about computer security that resulted in your sharing of music files (that are legal to acquire and store, but not share).



  3. #13
    Well, let me go into a few details.

    Let us assume that we have accepted the terms and conditions of the EULA even though we have not seen it. Even then it is a basic clause of the EULA that if at any point of time, I choose not to comply with the mentioned terms and conditions then I ahve the choice of removing it completely from my computer.

    Now just see who is blatantly violating the EULA.

    I have intentionally allowed my computer to be infected with various spywares for the last 2 weeks just to see how they work and to know about the general removal techniques of spywares. Lets take them one by one:

    In the Add/Remove Programs list I saw that a lot of applications were installed which I did not know about. They were Search Assistant, 180 solutions, Internet Optimizer, MediaAccess, SlotchBar, Bulls Eye networks and a lot of them. I removed them all using the "Remove" button.

    1. For Search Assistant, 180 solutions, Internet Optimizer I saw that the files referring to them were still in the Temporary Internet Folders and there were also registry entries referring to them.

    2.MediaAccess showed a message that it was completely uinstalled. When I went to the Program Files folder, MediaAccess was still there and it with all its four files intact. And to add to it, the INFO text file there even said that it could be completely removed from the Control Panel.

    3. SlotchBar refused to uninstall and even be removed from the list in the Add/Remove Programs.

    To add to these, even Trojans were installed. Was it ever a part of the EULA that trojans will be installed on my computer which will compromise my security and gobble up my computing resources?

    It is for you people to see who is violating the so called EULA.

    The whole thing is like crying hoarse over "Human Rights" for those terrorists who kill people mercilessly.

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