軟體的 EULA

SlashdotCA Court Strikes Blow Against Hidden EULAs,原文在 A Fatal Blow to Shrinkwrap Licensing?

這主要是講某個人買了 Microsoft Windows 以及 Norton AntiVirus 回家以後,看了 EULA 決定不安裝並且退貨 (這兩套軟體的 EULA 都有這樣寫),於是跑回去退貨,但是店員跟他說拆開後的產品是不能退貨的,於是他跑去找律師:

So, like many others before her, Baker was confronted with the classic shrinkwrap license conundrum: She could only see the terms by opening the box, and opening the box meant she was stuck with it. But Baker did something most others before her had not – she went and got a lawyer.

呃,故事的最後就是打贏了:

The Settlement Agreement provides to the General Public of California, amongst other things, the right of consumers to return applicable Symantec, Adobe and Microsoft software for full monetary refunds even if the shrink-wrap has been opened …

不過呢,也不需要高興的太早:

In addition, Symantec, Adobe, and Microsoft agreed to provide EULAs for the applicable software products on their web site and notices on their respective software packaging of the web addresses to such EULAs so consumers can review such EULAs prior to purchase of the software.” CompUSA, Best Buy and Staples “agreed to provide such EULAS to consumers upon request prior to sale of the above software at their retail stores in California and to provide notices to consumers in such stores to effectuate the above.

換句話說你在拆開之前必須先上網看過 EULA… (呃…)