Comment EULA validity globally? (Score 1) 293
Obviously IANAL. However i have read a couple of europeans post that EULA's don't apply to them. My understanding - albeit very basic - is that this is incorrect. Or rather this is correct but not soley the province of europe.
AFAIK EULA's apply until they don't. The reason they have less weight in Europe is that more have been challenged and overthrown and in a system where precedence is of key import that creates the impression they are "invalid".
EULA's have been overturned in both the USA and in Canada. A EULA is something akin to a blind contract - it's valid until someone shows in a court of law why it isn't and then poof - it aint.
Most license agreements of any sort contain a indemnification clause or section that basically says you are using said product at your own risk. If the NWN toolset crashes your computer and wipes out your MP3 collection Bioware is not responsible. If however the NWN toolset kills you and maims your cat you can bet a court would find in your favour regardless of the EULA or any other contract. THis is similar to the "at your own risk" clause found in many sports. These have been thrown out of court many times, most recently in my neighbourhood when a ski lift collapsed killing 3. THe hill was found negligent despite a warning that they were not liable for injuries on their equipment.
Lawyers would have us believe that because it is writing it is second only to the original script for star wars in divinity but that's simply not the case. ANY EULA can be challenged and defeated in any country with a somewhat fair legal system, it's just a matter of the resources and willpower required to do so.
I would be interested to understand from a legal perspective how this EULA manages the IP rights around original content. ie. Content not provided by Bioware in any format. New skins, textures, etc. I can't see how they can redistribute that and prevent an end user from distributing original work regardless of the EULA. Any lawyers in the house?
AFAIK EULA's apply until they don't. The reason they have less weight in Europe is that more have been challenged and overthrown and in a system where precedence is of key import that creates the impression they are "invalid".
EULA's have been overturned in both the USA and in Canada. A EULA is something akin to a blind contract - it's valid until someone shows in a court of law why it isn't and then poof - it aint.
Most license agreements of any sort contain a indemnification clause or section that basically says you are using said product at your own risk. If the NWN toolset crashes your computer and wipes out your MP3 collection Bioware is not responsible. If however the NWN toolset kills you and maims your cat you can bet a court would find in your favour regardless of the EULA or any other contract. THis is similar to the "at your own risk" clause found in many sports. These have been thrown out of court many times, most recently in my neighbourhood when a ski lift collapsed killing 3. THe hill was found negligent despite a warning that they were not liable for injuries on their equipment.
Lawyers would have us believe that because it is writing it is second only to the original script for star wars in divinity but that's simply not the case. ANY EULA can be challenged and defeated in any country with a somewhat fair legal system, it's just a matter of the resources and willpower required to do so.
I would be interested to understand from a legal perspective how this EULA manages the IP rights around original content. ie. Content not provided by Bioware in any format. New skins, textures, etc. I can't see how they can redistribute that and prevent an end user from distributing original work regardless of the EULA. Any lawyers in the house?
