RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

David Schwartz
2005-04-12T22:50:02Z

> > > 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