RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.
> > > The EULA is irrelevant in germany and in many parts of the USA.
> > Really? I was under the impression EULA's were routinely
> > upheld in the USA.
> > If you have any references for that, I'd love to hear them.
This wasn't a copyright case. The court only refused to uphold the
agreement because there was no oppurtunity to review the agreement before
purchase. So it certainly wouldn't apply to a click-through type agreement.
This is also one ruling by a district court, and the ruling is in the
process of being appealed. Anyone relying on this and ignoring a EULA would
be foolish indeed. There are several other shrink-wrap cases where courts
have enforced the agreements. See, for example, Hill v. Gateway 2000 and
Mortgage Plus v. DocMagic.
It is reasonable to describe this area as somewhat uncertain.