[MUD-Dev] Blacksnow vs. Mythic News

Matt Mihaly the_logos at achaea.com
Tue Jun 18 17:22:21 New Zealand Standard Time 2002


On Mon, 17 Jun 2002, Mark Eaton wrote:
> On Saturday, June 15, 2002, at 02:27  AM, Matt Mihaly wrote:
 
> I predict that if the Arbitration clauses of these software EULAs
> stands up in court that we will begin seeing other goods and
> services sold with "End User License Agreements".
 
> Imagine if Chevy had had such a license "agreement" affixed to the
> steering wheel of every Corvair they sold, that the buyer was only
> able to read after purchasing the car, and that the driver had to
> "accept" each time he started the car.
 
> "No sue" clauses are unconstitutional in my humble, layman's
> opinion. Frivolous lawsuits are a real problem, but valid lawsuits
> form an important check and balance in a free market.

Well, I'd say you're wrong. The constitutionality of mandatory
arbitration has been upheld repeatedly I believe.

Further, in the case of the Chevy, I'd see no problem with them
doing that, except as a shareholder, in which case I'd say, "Are you
INSANE?" I sure wouldn't expect Chevy to stay in business very long.

The fact is, people are willing to accept EULAs. If they weren't,
they'd stop agreeing to them. If you agree to a contract, you'd
better understand what it says. It's squarely your fault if you
don't, and if you do refuse to agree to it, that's also your choice.
 
> I recognize that my argument is basically the slippery slope
> argument, but in this case I think its reasonable. Companies
> really do want to reduce or eliminate litigation expenses and this
> seems like a loophole in the making to me.

A contract is a loophole? If that's the case, that really throws a
wrench into our capitalistic system.

--matt

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