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Are EULA's legal or binding?

Last response: in Video Games
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January 25, 2012 3:56:42 PM

I have been wondering for a while if certain EULAs and other pre-use agreements a user has to accept are legal. I'm not even talking about the content necessarily, which I know is sometimes borderline and may or may not hold up in court if challenged. What I'm interested in is, whether the sheer length of the document, disqualifies it from being a binding part of the agreement between user and vendor.

If you have ever played an MMO, installed iTunes, etc, you have noticed that the EULA is sometimes in excess of 40 pages long. The verbiage is very legalese and not easy to understand for the average consumer, let alone an adolescent who just wants to play a game or purchase some music.

My opinion is that it is unreasonable to expect the average user to a) read and b) understand a 40+ page legal document, in order to be able to use a software or service.

What is your opinion? Especially interested in someone with a legal background weighing in!

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January 25, 2012 8:13:41 PM

Hi :) 

Of course they are legal, they pay some VERY highly paid lawyers to make sure they are... and nobody has ever won in court against them...mainly because YOU agree to them when you click INSTALL....

The legal arguement would be.....if you dont like it/dont click indtall...

All the best Brett :) 
January 25, 2012 8:18:45 PM

If you are faced with and very long and difficult-to-understand EULA then why do you agree to it? Why agree to something you can't understand?
That makes no sense.
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January 27, 2012 1:46:39 PM

I'm pretty sure they are made 40+ pages and in very very legal terms on purpose (in fact majority of legal crap is that way for the same reason)
you will not want to read it so you will just accept it and then they freely stick their hand in your pocket.

point is, if legal documents were written in normal language understandable to everyone nobody would need lawyers, so it's a matter of self preservation for them.
January 27, 2012 5:13:56 PM

frankbough said:
If you are faced with and very long and difficult-to-understand EULA then why do you agree to it? Why agree to something you can't understand?
That makes no sense.

My point is that the agreement is presented in a form that is impossible for a regular person to understand. Also, by the time you get to read the EULA, you have already made the purchase of your software.
Are you telling me you fully read every single EULA and T&C's you are asked to agree to? If so, I believe you are in the extreme minority.
!