Thread: It's time for a unified ebook format and the end of DRM
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Old 02-13-2012, 11:03 AM   #79
Elfwreck
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Location: SF Bay Area, California, USA
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Quote:
Originally Posted by BillSmithBooks View Post
The thing about EULAs that I have always wondered about:

How can a EULA possibly be a binding contract if you haven't signed it?
Clicking to "yes, I agree" is hardly the same thing as signing an actual contract. Has this issue ever been resolved in a court?
Clickthrough agreements have been ruled binding (however, only inasmuch as the agreement is legal: TOS that change without telling the users have been ruled invalid in CA). The current question is whether shrinkwrap agreements are valid--terms you *don't* see before purchase.

This includes both software where the terms are inside the box, and potentially, digital sales on sites where the terms aren't shown at login. (I don't think Kindle users are required to see Amazon's Kindle TOS before buying. They're required to see Amazon's standard TOS, but the ebook-specific terms are pretty well buried.)
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