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The Feds got involved due to it most likely being interstate commerce. Otherwise it was an illegal contract and unenforceable.

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Of course what 'clear, legal and based on good faith' does exactly mean is up to a judge to decide but using other's Trade Mark and hiding the fact that there are unexpected and up front undeclared costs involved doesn't usually fit on the definiton.Īctually, you can return boxed software, mostly.ĭuring my stint as a a one man software business, I retained a lawyer to write my EULA and they stated that under Federal Law, you have to offer the ability to return the product as you are not disclosing all the requirements of ownership until the EULA is displayed. A contract needs to be clear, legal and based on good faith. In Europe all these things go into the 'abusive clause' field and are unforceable (of course that doesn't mean on party cannot try -specially telecoms are known for it, it only means that if you are prepared for a long years battle to go to the highest courts on the basis of principles for those lame 100 you will win 100% of times).Īnd then, in order to 'agree to a contract' some contract is needed. You have this even on the USA (as you already stated you cannot contract yourself into slavery): remember all those clauses the kind of 'to the extent allowed by local laws' and 'this clause being found unforceable doesn't void the rest of the contract'. 'On one hand if you agree to a contract, then it's binding.' That should do it with no need of somebody being hurt. Since these kinds of scams can damage the image of the product I'd say Sun and/or the foundation can and probably should approach the scammer company privately asking it for 1000x retaliation if not cease and desist. On the other hand, '' is not a generic name last I saw but a protected trade mark. I wouldn't say that a 6p letter page not linked from anything but the 'show me all pages' index and a payment that is not explicitly stated till the good is already on posesion of the buying side has all conditions for a deal to be considered 'a contract' (Legal TM). On one hand, to the best of my knowledge, German law is about 'contracts', not 'EULAs' that makes an interesting point because a 'contract' is not whatever one side of the deal says so but quite a complex thingie where both parties must be in a position of good faith information. Well, it's usually said that devil is in the details. 'This story is really about German law allowing all sorts of scammers all sorts of junk in EULAs as 'binding contracts''

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When you download under no circumstances disclose your personal information!' Due to the open-source philosophy allowed our license, but also the sale. We want to emphasize that we have these offers are not affiliated and is not responsible. Among other leading search engines to search for to pay 'download subscriptions. In recent times, however, we can reach more complaints about companies that the program for a fee for downloading.

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Google translates the warning message thus: 'WARNING before downloading from any third party: The download of is free from this page possible.

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Shouldn't Sun change the license of to protect their fans or are they doing this to protect someone else? It has really made me think about recommending it to any more friends.' Below, read Google's translation of the warning it wouldn't be the first time that open source software has been lightly repackaged and sold in ways that should raise eyebrows among anyone familiar with the wide, free availability of the same apps. So I thought I would ask Slashdot, should she pay? On the German website there is a warning of these schemes being legal. Apparently the EULA stated this cost and here in Germany she is required to pay up. The next time she opened her e-mail she found a request for 98 for her 1-year subscription to 3.0 from the company that she downloaded it from.

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She went home and searched on Google for it and thought she found the website, filled typical registration information, and downloaded 3.0. Mldkfa writes 'Recently I told a friend about OpenOffice and how it was a great alternative to the big name pay office suites.