[jasonbirder]

Step-Saver Data Systems, Inc. v. Wyse Technology, 939 F.2d 91 (3rd Cir. 1991) was case in which the legality and history of computer EULAs was explored. The court noted, "When these form licenses were first developed for software, it was, in large part, to avoid the federal copyright law first sale doctrine" thus the intent of EULAs after 1990 were to preempt federal statutes using contract law and that they serve no purpose besides attempts to preempt consumer rights in other statutes.

In this case, the U.S. Court of Appeals for the Third Circuit held that a EULA disclaimer waiving all express and implied warranties, printed on the outside of the box, was not binding.

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