Comment Failure in EULA (Score 3, Interesting) 135
Usually, the software developer requires that you accept the EULA in order to get the right to use the software. Does that mean that you accepted the EULA if you use the software? It doesn't.
It means that if you use the software, you _either_ accepted the EULA _or_ you committed an act of copyright infringement. However, IBM cannot know which one. Therefore, they cannot do things that would be illegal if you didn't accept the EULA, like accessing your files.
(Many EULAs contain terms that allow you only limited amount of copying. That's completely legal, because either you accept the EULA and accept that you cannot make unlimited copies, or you don't accept the EULA and cannot legally make any copies at all. This EULA is different).