Quote: "No. Before you USE something and if it's clearly stated and the company can prove that you had to read it (like the "I agree" checkbox during installation of software)"
wrong, ignorance of the legalities is no excuse.
actually the fact is if they can't read it then all of thier rights as far as warrenty and use are conserned are NULL & VOID.
in otherwords if you cannot read it or have someone read it to you, then you can't use it simple as that.
Quote: "you also have the right to return it if you don't agree to the licence (otherwise I'd sell coffee machines and put a little note in the package which says that by this EULA the purchaser must send me €10000 each month)."
i never said you didn't have that right, infact this is an echo of something i wrote ... however any terms and conditions that subject the users ongoing trade for said product, what your suggestion would come under a trade lease - in which case YES they must sign thier name for this.
However if the product is like the XBox and sold "AS-IS" then this DOES NOT apply.
as for the international law of companies, look it up ... it is exactly right that yes if someone lives in a country which doesn't have any laws presidenting this software/hardware then yes it would be legal.
however you also have to take into account the human rights laws which are valid in the international law.
which the eula must adhear to!
the point for that is actually your TRIED within the country for breaking the eula - which means anything you do wrong if isn't against the agreement and isn't against thier local law - would be perfectly legal.
However for software piracy and tampering there is generally a standard EULA which is written up which states if someone breaks these rules then although it may not be an illegal activity within that country - if you can prove that they broke the EULA then they've still broken the agreement and can be tried for such.
if there is a law against it in that country then really its a bonus, because they'll be up on 2 counts rather than just one.
Quote: "Unkowingly agreed? What? Lol. Name one western country where you unkowingly agree to something by law."
United Kingdom, United States, Etc...
There are EULA's that go with purchasing books, you may never see them, you may never read them ... however they stop you from playgerising the story within the book or the artwork on it.
Same with everything that you buy that doesn't have an actual EULA with it, you might not know your agreeing not to steal the design or whatever actually goes with it. But there is still an agreement there.
If you walk into a Supermarket, and you pick up an apple and walk out - you are shop lifting correct?
Now there is no way that technically a supermarket can show that, that particular apple is thiers. There is no hard copy of the agreement that you acknowlage just by walking into that store that you may not take that apple without first payment.
But the agreement is there, always around you - that you can't take what you do not legally purchase in a trade.
and Eula is just an expanded version of rules that you must agree to abide by - else you can't use it. A supermarket could put up some stupid rules like you can't eat an apple until 2 days after purchase, it wouldn't happen but legally they can do that and by walking in that store and buying an apple you've agreed to it.
The receipt they're suppose to give you is proof of this agreement, you didn't sign anything (unless paying by checque or CC) but you've agreed to it anyways.
yes it sounds totally insane, but that is the law behind it all.
law doesn't have to make sense or be ration, they're rules in place to keep everyones rights & person safe - however if there isn't a rule stopping something, then any crazy thing you can think up is legal.
