הצטרף ל-Nostr
2024-08-20 11:40:40 CEST
in reply to

Hector Martin on Nostr: Licenses cannot prevent you from using a product if you are unaware of the license. I ...

Licenses cannot prevent you from using a product if you are unaware of the license. I can burn a CD with some music I made, put a license file in some raw empty space on a data partition that says you can't listen to it, give it to you. If I try to sue you because you listened to it, the courts are going to laugh me out the door because there was no way you could have known of the existence of the license.

This is the purpose of click-through EULAs. Without them, there is no way for the user to be aware of the usage restrictions. Indeed some of their terms may not be enforceable in some jurisdictions, but that is a different question. The point is that if it's not a click-through EULA and you can't prove the end-user must be aware of the license, *none* of it is enforceable.