Submission + - Is a EULA binding?
snester writes: "Having done a small amount of University Law (enough to be dangerous) there is a component of law (at least in Australian Law) that indicates that any legally enforceable, duty binding or penalty enforced requirements must not only be visible but understood by the person using the service or undertaking an agreement. A classic example is that a sign in a car park that states "Cars parked after a certain will incur a fine for services rendered in unlocking the car park to allow the person to exit" IF the person firstly does not see the sign then an argument can be made the sign was not visible however the more interesting part is that if the person does not understand any part of the terms or warning or it is ambiguous of illegible in any way impinges on other granted civil liberties or privacy expectations then enforcement can be overturned. The proposal I would like to put forward is that EULAs are essentially worthless and unenforceable for the simple fact that most reasonable people would simply be unable to decipher the terms of the EULA."
