Are EULA really legally binding?

Question

You all know it. You buy a program (or download a free one), proceed out to install it, and then, out of the blue, comes this horrendously long piece of small print legalese, and you can't finish the install, much less use the program, unless you click the right buttons or check the box to say that you agree to it. This is the so called EULA (End User Licence Agreement).

Now, you never sign a thing, and the piece is presented to you only after you started installing the thing, and possibly paid good money to it first, and they often are trying to make you sign away some basic rights.

So are those really enforceable?

I should have added this from the start, but yes, I know some provisions, like not making copies for distribution are quite valid.

I was thinking of stuff like agreeing for the program to monitor your computer use, agreeing not to publicly disparage the product (even if it's deserved), or stuff trying to regulate your personal and private use of the program (like only using the most expensive versions of vista in a virtualisation setup).

Answer 1

Yes - even though you don't actually physically sign something, clicking the 'accept' button is the same as a signature. It means you have read the EULA and agreed to it.

Answer 2

Yes they are. For example, look at Microsoft. The EULA for all of thier software strictly prohibits making copies of the install media (CD-ROM, DVD-ROM, ect) inorder to sell it or use it on more machines than you have a licence for (most people only buy one licence upon buying a program like Office or Windows). Microsoft can use the law to go after the people that violate it, and they do indeed do it.
However, in some areas portions of EULAs are voided by local laws, so it really just depends on where you live, but in most devolped countries yes it can be and is enforced.

Answer 3

Yes they are! You click the agree, you signed the contract! Aint no different than an orally binding contract! If you deal with someone and theres witness to it, you are obligated to the agreement.

Answer 4

Do you have the deep pockets needed to present your objections in a Court of law?

So, millions of us have used the Court of Public Opinion, plus, the EFF.org to fight this.

The simple solution is to grab http://pclinuxos.com and never look back. It is a LiveCDrom, boots in RAM, comes with 1900 games, programs, apps., suites.

Answer 5

Sure, Microsoft has people arrested all the time.

Here is some piracy news:
http://www.pe.com/localnews/publicsafety/stories/PE_News_Local_C_piracy01.24816b8.html

http://en.rian.ru/russia/20070226/61246204.html

http://arstechnica.com/news.ars/post/20070226-8922.html

Good luck and Happy Computing!