May be of interest to those who state so vehmently that a breach of the EULA is against the law...as i pointed out earlier there are legal precendents that consider the EULA to be a cooercive contract and consequently unenforcable...
Quote:
Contract Formation:
“Terms Later” Contracting: Bad Economics, Bad Morals, and a Bad Idea for a Uniform Law, Judge Easterbrook Notwithstanding, by Roger C. Bern - 12 J.L. & Pol’y 641 (2004)
The Article states that “a rule sanctioning "terms later" contracting increases information asymmetry, increases transaction costs, enhances hold-up and opportunistic behavior by vendors, and results in inefficiencies and distributional unfairness by systematically redistributing wealth from consumers to vendors.” The author claims that "terms later" contracting “fails to protect the reasonable expectations of buyers while at the same time protecting the unreasonable expectations of vendors, thus abandoning the only moral justification for courts to enforce promises.” He also argues that this rule “abandons the principle of impartial treatment of the parties (vendors are favored) and abandons achieving justice between the parties in order to achieve some perceived greater societal good.”
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12-01-2007, 06:52 PM
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