Plateforme Level Extreme
Abonnement
Profil corporatif
Produits & Services
Support
Légal
English
Installing VFP 9 app on Windows 8
Message
De
15/03/2013 10:19:32
 
 
À
13/03/2013 00:46:25
Information générale
Forum:
Visual FoxPro
Catégorie:
Autre
Versions des environnements
Visual FoxPro:
VFP 9 SP1
Divers
Thread ID:
01567075
Message ID:
01568501
Vues:
80
From Wikipedia http://en.wikipedia.org/wiki/Software_license_agreement#Enforceability_of_EULAs_in_the_United_States

===================================
Enforceability of EULAs in the United States

The enforceability of an EULA depends on several factors, one of them being the court in which the case is heard. Some courts that have addressed the validity of the shrinkwrap license agreements have found some EULAs to be invalid, characterizing them as contracts of adhesion, unconscionable, and/or unacceptable pursuant to the U.C.C.—see, for instance, Step-Saver Data Systems, Inc. v. Wyse Technology,[2] Vault Corp. v. Quaid Software Ltd..[3] Other courts have determined that the shrinkwrap license agreement is valid and enforceable: see ProCD, Inc. v. Zeidenberg,[4] Microsoft v. Harmony Computers,[5] Novell v. Network Trade Center,[6] and Ariz. Cartridge Remanufacturers Ass'n v. Lexmark Int'l, Inc.[7] may have some bearing as well. No court has ruled on the validity of EULAs generally; decisions are limited to particular provisions and terms.

The 7th Circuit and 8th Circuit subscribe to the "licensed and not sold" argument, while most other circuits do not[citation needed]. In addition, the contracts' enforceability depends on whether the state has passed the Uniform Computer Information Transactions Act (UCITA) or Anti-UCITA (UCITA Bomb Shelter) laws. In Anti-UCITA states, the Uniform Commercial Code (UCC) has been amended to either specifically define software as a good (thus making it fall under the UCC), or to disallow contracts which specify that the terms of contract are subject to the laws of a state that has passed UCITA.

Recently, publishers have begun to encrypt their software packages to make it impossible for a user to install the software without either agreeing to the license agreement or violating the Digital Millennium Copyright Act (DMCA) and foreign counterparts.

The DMCA specifically provides for reverse engineering of software for interoperability purposes, so there was some controversy as to whether software license agreement clauses which restrict this are enforceable. The 8th Circuit case of Davidson & Associates v. Jung[8] determined that such clauses are enforceable, following the Federal Circuit decision of Baystate v. Bowers.[9]
===========================

A court cannot issue a blanket yeah or neah. They can only rule on the validity of the particular case...and then only for areas under their jurisdiction. Even the federal courts can only pass rulings that apply to their own geographical jurisdiction. Only the US Supreme Court can rule for the entire country.

However, courts do use precedence set in other courts, so if a federal court in California rules on a case, the judge may take in consideration the ruling of a federal court in New York.

>In fact, I can find no court ruling on enforceability of EULA's/ Each court decided the particular case they heard. not issuing any blanket yea or neah's.
Craig Berntson
MCSD, Microsoft .Net MVP, Grape City Community Influencer
Précédent
Suivant
Répondre
Fil
Voir

Click here to load this message in the networking platform