Posted March 16, 2022
low rated
Ancient-Red-Dragon: It's a gamble as to whether or not a particular aspect of a particular EULA is enforceable or not.
Therefore, since there is a risk that diabolical EULA tenets could be enforced, in some cases, the OP is 100% right in his contention that EULAs are no good for consumers, and should be abolished.
In real life though, that would probably never happen, since big corporations, with all their BS (of which EULA are one great example), have a stranglehold over the marketplace, and lawmakers don't want to do anything about that.
I think the logical next step is to normalize and simplify EULAs much like they have done with most open-source licenses. Therefore, since there is a risk that diabolical EULA tenets could be enforced, in some cases, the OP is 100% right in his contention that EULAs are no good for consumers, and should be abolished.
In real life though, that would probably never happen, since big corporations, with all their BS (of which EULA are one great example), have a stranglehold over the marketplace, and lawmakers don't want to do anything about that.
Basically, the law comes up with a fixed set of licenses (or if you want to follow the creative commons model, a limited set of license properties) that become well known and understood.
Anybody can use one of those licenses. If they want to use a new license that is not in the pre-existing list, they need to make their case in court and get the new license format enshrined by the law.
Of course, it would put some limitations on the freedom businesses have to set terms for users, but I think its a fair tradeof for clarity and sanity. Businesses shouldn't be allowed to create law by themselves or pretend that terms they set are enshrined in law when they aren't.
Braggadar: There you go. FTFY
All PCs are riddled with EULAs which you aren't aware of, and which could, if enforced, may revoke your "right" to use said software. This includes OSes. Basically ANYTHING you didn't code yourself has a EULA, which can state a myriad of things. Not all of it enforceable by law, but it's there anyway.
Just use Linux then. If you don't redistribute copyleft code (which is the case for the vast majority of application-layer use cases), you can pretty much do what you want. All PCs are riddled with EULAs which you aren't aware of, and which could, if enforced, may revoke your "right" to use said software. This includes OSes. Basically ANYTHING you didn't code yourself has a EULA, which can state a myriad of things. Not all of it enforceable by law, but it's there anyway.
And even if you do, the only requirement is that you share your code modifications to the copyleft code alike if you distribute them.
One could see the above as an obstacle to commercialization, but that didn't stop Google's Android (yes, technically, you could fork the Android code and compete with Google, but best of luck with that... Google understands that the Android code is a necessary requirement for the platform to run, but it is not the key differentiator that makes the platform valuable).
Post edited March 16, 2022 by Magnitus