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Mickey
without going into a long explanation....I don't think the court ruling you linked is applicable to "ALL" eula's
also U.S. law has no effect in other countries....however..imo eulas are un-enforcible in the U.S........oh boy bet that gets some replies LOL
but just think about it...the U.S. has a thing called DUE PROCESS............even the police have to advise a person of their rights....does anyone know of a eula that advises a person of their legal rights? ........contacts to be binding require that certain factors be met........FRAME OF MIND....compatency.......was a person drunk..on drugs..under duress....emotionally un-stable......should the person be advised by an attorney (6th amend to the U.S. Consitution) etc etc etc...a person simply needs to incorparate the into "part" of the defense....then burden is then place on the other party to show otherwise...
this could go on and on forever.....then there remains numerous other as yet un-answered legal question....where would the proper juridiction be..state or federal...country? .......
there would also be a question of "intent"......a question of was "civil or criminal" action........ a question of will the court need to appoint an attorney for the accused.(needs to be answered in civil actions as will as criminal)
was the eula targeting minorities...minors.."a certain class".......
really this could go on forever.....some good views have already been expressed by others....the legal issues have not as yet been fully answered by the courts...so it seems rather pointless to guess........what a minor court rules can be appealed.....

snowman

 

NOTE

please note that I fully agree that someone can come along an disagree with my previous post.....but isn't that the point? the legal questions just have not been fully addressed. an until there are.....well

snowman