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Looks like the AutoDesk v. Vernor establishes that EULAs are legal and binding.
No, you don't own it: Court upholds EULAs, threatens digital resale[/h2] The US Court of Appeals for the Ninth Circuit today ruled (PDF) on a long-standing case involving used software on eBay, and it came to an important decision: if a company says you don't have the right to resell a program, you don't have that right. Could this mean the end of the resale market for all digital content? Yup. But the court says it had no choice.
It's a pity that the issue of "How anyone can agree/disagree to a EULA without first opening the package" is not covered.
The PlayersDB - The Harpoon Community's #1 Choice.
IIRC, the Supreme Court often takes issue with the 9th Circuit rulings, so maybe an appeal would be worth it. Jarhead will no doubt correct me should I be off base. It would interesting to have his take on all this.
One mistake, and you're sliding down the razor blade of defeat, and a dull, rusted, and poisoned blade at that.
This whole thing is a nightmare. Consumers on one side and the fat cats on the other. And lumped in with the fat cats are the developers and publishers who want an honest return on their investments. Big money has had a say again and I hope there exists enough integrity in the U.S. judicial system to uphold what is right instead of siding with who has the most money.