Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S263029AbVDLWuC (ORCPT ); Tue, 12 Apr 2005 18:50:02 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S262435AbVDLWqU (ORCPT ); Tue, 12 Apr 2005 18:46:20 -0400 Received: from mail1.webmaster.com ([216.152.64.168]:15629 "EHLO mail1.webmaster.com") by vger.kernel.org with ESMTP id S263030AbVDLWpy (ORCPT ); Tue, 12 Apr 2005 18:45:54 -0400 From: "David Schwartz" To: <7eggert@gmx.de> Cc: , Subject: RE: non-free firmware in kernel modules, aggregation and unclear copyright notice. Date: Tue, 12 Apr 2005 15:45:43 -0700 Message-ID: MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: 7bit X-Priority: 3 (Normal) X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook IMO, Build 9.0.6604 (9.0.2911.0) In-Reply-To: Importance: Normal X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.2527 X-Authenticated-Sender: joelkatz@webmaster.com X-Spam-Processed: mail1.webmaster.com, Tue, 12 Apr 2005 15:44:52 -0700 (not processed: message from trusted or authenticated source) X-MDRemoteIP: 206.171.168.138 X-Return-Path: davids@webmaster.com X-MDaemon-Deliver-To: linux-kernel@vger.kernel.org Reply-To: davids@webmaster.com X-MDAV-Processed: mail1.webmaster.com, Tue, 12 Apr 2005 15:44:52 -0700 Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 1129 Lines: 29 > > > The EULA is irrelevant in germany and in many parts of the USA. > > Really? I was under the impression EULA's were routinely > > upheld in the USA. > > If you have any references for that, I'd love to hear them. > http://www.freibrunlaw.com/articles/articl22.htm This wasn't a copyright case. The court only refused to uphold the agreement because there was no oppurtunity to review the agreement before purchase. So it certainly wouldn't apply to a click-through type agreement. This is also one ruling by a district court, and the ruling is in the process of being appealed. Anyone relying on this and ignoring a EULA would be foolish indeed. There are several other shrink-wrap cases where courts have enforced the agreements. See, for example, Hill v. Gateway 2000 and Mortgage Plus v. DocMagic. It is reasonable to describe this area as somewhat uncertain. DS - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/