RightHandOfIkaros@lemmy.world 11 months ago
“Nobody reads those EULAs, and the Defendant knows that. Therefore, the Defendant cannot hide behind the EULA as a shield because the Prosecution, having clicked Agree without being required to confirm that they read through the terms, could not have possibly known what they were agreeing to.”
“If you are what you agree to, your Honor, then my clients are an unknown spaghetti of legal mumbo jumbo.”
I would relish a lawsuit against EULAs where the defendant somehow sends the prosecutor a EULA in a software package that declares that they automatically lose the lawsuit by clicking Agree.
It would really hammer in the point that fucking NOBODY reads this shit.
There was a video game store that once, for April Fools Day, included in its sale terms:
By placing an order via this Web site on the first day of the fourth month of the year 2010 Anno Domini, you agree to grant Us a non transferable option to claim, for now and for ever more, your immortal soul. Should We wish to exercise this option, you agree to surrender your immortal soul, and any claim you may have on it, within 5 (five) working days of receiving written notification from gamesation.co.uk or one of its duly authorized minions.
Only 12% of people that purchased that day responded, essentially confirming only 12% of people actually read the terms.
12% is honestly way higher than I thought it would be. That number might be inflated by people looking for funny stuff on April 1st
We are not accounting for the percentage of people who read it but are still cool with forfeiting their soul.
I think one could successfully argue in a court of law that people tend to be hyper aware on April 1st, and so may have read the terms suspecting something amiss when they otherwise would not have.
I think someone calculated the time it would take to read every single one you’re expected to agree with in normal every day life, and it worked out to needing 76 work days to read everything you “agree” to in a typical year.
Zess@lemmy.world 11 months ago
The judge would tell you you’re an idiot who said nothing worthwhile and that ignorance of the things you agree to doesn’t make them void when they’re used against you.