EULAs: The “I’m Rubber, You’re Glue” Edition
Back in August, I wrote about Cracking the EULA’s shell. In that instance, a California court was headed down the path of declaring EULAs as contracts of adhesion. This was a pretty hard blow to the EULA’s drafter (the vendor).
Today is a new EULA case, with a twist. Long story short, a court ruled against a vendor again.
Moral of the Story: If you’re using/relying on EULAs to protect you and your product… and you believe that your funky drafting and interesting language is going to be read in a way that always works out in your favor… think again.
[Thanks to ContractsProf Blog for the story!]
The Licensing Handbook Blog is the companion site to the Software Licensing Handbook. Covering licensing topics on a regular basis, Jeffrey Gordon attempts to offer advice, add humor and sometimes even a bit of wit to a practice that most people find abhorrent – namely, reading a contract from start to finish.
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