[X4U] Click-through 'contracts'

[Ted Burton]

At 7:37 PM +0100 on 08/08/06, Stroller spoke about Re: [X4U] Boot 
Camp [1] thusly:

>it may be another matter as to whether your agreement to those 
>license terms (presented, as they are, in a "click-though" format) 
>is actually legally binding.

At 7:41 PM +0100 on 08/08/06, Stroller spoke about Re: [X4U] Boot 
Camp [2] thusly:

>I would be grateful for a demonstration that that section of the 
>license terms have been upheld in court (a court judgement that says 
>the software vendor can impose any terms without restriction in a 
>license agreement would be interesting, but I'm not convinced that 
>it would be incontestable, should one be able to demonstrate thatthe 
>terms are legally "unreasonable").

FWIW, I have never read the fine print which I am repeatedly asked to 
'accept' on the path to installing some new software item. As I am 
not in a position to bargain with the seller, it is pointless. I 
assume that in among the legalese will be the concepts that the 
seller sold the use of the software, not the software itself, and 
that if the software eats my hard disk and spits out the remnants, my 
tough luck.  I do not expect that it asks me to sell the software 
developer all my real estate no matter where located, nor asks me for 
the hand of my daughter. If there's something totally absurd in 
there, that would really startle me.

In California an attorney once bought an insurance policy against 
some risk, I forget whether it was malpractice or fire insurance, or 
just what -- I think it was homeowners. He did not read the policy. 
When a loss came along from earthquake, the insurance company denied 
coverage saying their policy did not cover that. He sued. He argued I 
bought home insurance in California, California has earthquakes, I 
took it for granted home insurance in California would cover 
earthquake -- and he won.

So may be you're correct that if there's something in that 
click-through that is contrary to what one might reasonably expect, 
and you were powerless to bargain, that you're not stuck.

"Reasonable" is one of those questions of mixed fact and law.
-- 

Mercy, fraternal solidarity, and dedication to the common good.
Peace,
Ted