Re: DVD CCA - more bad news (fwd)
On Sun, 23 Jan 2000, Richard Makin wrote:
> > Is anyone working on programs to decompress/install programs without
> >forcing the installer to agree to a "click-wrap" EULA?
>
>
> First of all, in many countries, including Norway, reverse engineering is
> explicitly permitted by law _even_ if EULA states otherwise. Some software
> vendors have realised this and add "...is prohibited unless explicidly
> granted by law and only to the extent expressed in this law". So the case
> would be clear in a Norwegian court.
Yes, but there's other places (like where I live) where the situation
isn't as crystal clear.
> Secondly, Xing Player (as well as many other programs) can be installed
> without clicking "OK", although often it requires ingerence in the
> program/setup script itself.
This isn't just about the DVD encryption algorithm. There are other
things to be reverse engineered, and while I don't consider EULA's to be
binding, it would be nice to be able to tell a court I didn't in any way
agree to a click-wrap license.
> Anyway - when I have already paid for the program, and I don't like the
> license - will they give me my money back?
> Thirdly, if the case is lost in the USA on the basis of this "EULA click" we
> may consider setting up DeCSS servers in countries where laws are more
> consistent.
Since I live in the USA, I would like to find a way around the click
wrap EULA even if the judiciary (in a fit of poor thinking) decides that
clicking on a button to make something you've already paid for work is
legally equivalent to going into a room and negotiating a contract with
someone.
Lynn
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