Comment Re:EULA vs. Warranty (Score 1) 245
Are we paying for the product, or the ride?
When u buy tickets to Disneyland, you pay for the enjoyment of using the product, though the seat is (for a time) yours. All these software products are 'sold' as 'tickets', where the ownership belongs to someone else....
You really only get a warranty for something you own - how much would u pay to OWN the souce code? Most gamemakers do not put it up for sale.
And...
Because these EULA's contain clauses to protect the company from 'incedental' damage to one's computer (data coruption/loss) they are protected un a unique way - from my above example if you weere to get hurt on the ride you bought a ticket for, or if the toaster burned down your house, the company would certainly be somewhat liable - wouldn't it require a HAND SIGNATURE for installing something that can threaten someone's livelyhood (like a drivers side air-bag)? Or like Firestone, a massive recall of product, and paying for the injury done, the companyies using EULA's to protect themselves are almost "above the law"... ...leave the cheese and the rats will surely come!