Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.
> > What about cases where you pay for the software before you're allowed
> > to see the EULA?
On Wed, Apr 13, 2005 at 11:21:42PM -0700, Sean Kellogg wrote:
> It is enforcable and is called a rolling contract. Seminal case is ProCD,
> Inc. v. Zeidenberg, 86 F.3d 1447 (7th Circut, 1996).
That precedent is for a case where no one objected to the terms of
the EULA.
SoftMan Products Co. v. Adobe Systems Inc. (3rd Circuit, 2001) is an
example of what can hapen when someone objects to the terms of the EULA
(the court ruled that the EULA didn't apply because the software had
never been run and the EULA is not presented until it is run).
Step-Saver Data Systems, Inc. v. Wyse Technology (3rd Circuit, 1991)
is an earlier example (court of appeals held that the EULA printed on
the box was not enforceable and did not require return of the software).
--
Raul
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