IL2 and Sound Modding

[jasonbirder]

hate to tell you this but none of the legal decisions posted earlier PROVE anything regarding the IL-2 EULA. One specifically mentioned nothing more than a warranty disclaimer printed on the outside of the box and the other was a case involving the LACK OF MUTUAL CONSENT. That is not the case with IL-2 since, to install the software, YOU MUST CONSENT TO THE AGREEMENT.

There are no precedents for an identical legal case (IE legitimate purchaser being taken to court by the publisher for personal use modification of his own software) hence quoting guideline cases...but the weight of opinion is that these EULAs (known as Shrinkwrap agreements in the US) are unenforcable, because they centre on an un-even balance of information in favour of the vendor which is against principles of free commerce (see the UCC - universal commercial code)

Why do you think that companies pay license fees to use other game engines (such as the Quake engine, UT engine, HL engine, Cry engine, etc.)? If the EULA was not enforceable they would just buy ONE copy of the game and mod/hack it to their hearts desire.

Licence fee's are paid because use of a substantial amount of code from one piece of software in another would be in breach of tradtional intellectual property and copywright laws they are nothing to do with EULAs at all.