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Old 20th March 2005 | 21:01
  #8 (permalink)  
pmwanner
 
Joined: Mar 2005
Posts: 2
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From: Zurich, Switzerland
Obviously the chances of a sofware company persuing an individual through the courts is remote, but despite the above claims, EULAs are enforceable.
Actually, no they're not necessarily. Software companies can put anything they want into an EULA, but there's a big difference between having some clause in an EULA and being able to enforce it in a court of law. Provisions in a contract that make you give up fundamental rights are generally not enforceable and thus non-binding. So a software maker can say for instance that you can't make backup copies of their CD's, but the clause would not be enforceable, since your fair-use rights obviously take precedence and can not be waivered. The same thing applies to your much more fundamental property rights. You can trade, lend, sell and smoke your software and there isn't one thing the software maker can do about it.
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