Comments on: Apparatus for allowing your cat to agree to EULAs http://boingboing.net/2009/02/17/apparatus-for-allowi.html Brain candy for Happy Mutants Wed, 22 May 2013 02:15:00 +0000 hourly 1 http://wordpress.org/?v=3.4.1 By: Anonymous http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-414998 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-414998 I wonder if I can get the bird to jailbreak my iPhone? Problem solved, CNN.com! I wonder if I can get the bird to jailbreak my iPhone? Problem solved, CNN.com!

]]> By: twopeak http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-414000 twopeak Wed, 30 Nov -0001 00:00:00 +0000 #comment-414000 I've always wondered if it's not possible to change the content of the eula's. Usually they are stored in the cd in a textfile with a logical name. Wouldn't it be possible to change the content on the fly to something like "software eula, by agreeing microsoft owes you a million dollars and will take care for your babies when you are sick" I’ve always wondered if it’s not possible to change the content of the eula’s.
Usually they are stored in the cd in a textfile with a logical name.
Wouldn’t it be possible to change the content on the fly to something like “software eula, by agreeing microsoft owes you a million dollars and will take care for your babies when you are sick”

]]> By: Anonymous http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-414051 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-414051 I'm pretty sure this wouldn't hold up in court if the eula is enforceable, since you contrived a way to circumvent the eula dialog, one might argue it was a dmca violation (I wouldn't but you know some lawyer would) I’m pretty sure this wouldn’t hold up in court if the eula is enforceable, since you contrived a way to circumvent the eula dialog, one might argue it was a dmca violation (I wouldn’t but you know some lawyer would)

]]> By: Neko http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-415079 Neko Wed, 30 Nov -0001 00:00:00 +0000 #comment-415079 READ CAREFULLY. By accessing this comment, you agree, on behalf of your employer, to release me from all obligations and waivers arising from any and all NON-NEGOTIATED agreements, licenses, terms-of-service, shrinkwrap, clickwrap, browsewrap, confidentiality, non-disclosure, non-compete and acceptable use policies (”BOGUS AGREEMENTS”) that I have entered into with your employer, its partners, licensors, agents and assigns, in perpetuity, without prejudice to my ongoing rights and privileges. You further represent that you have the authority to release me from any BOGUS AGREEMENTS on behalf of your employer. ( thanks to ReasonableAgreement.org ) READ CAREFULLY. By accessing this comment, you agree, on behalf of your employer, to release me from all obligations and waivers arising from any and all NON-NEGOTIATED agreements, licenses, terms-of-service, shrinkwrap, clickwrap, browsewrap, confidentiality, non-disclosure, non-compete and acceptable use policies (”BOGUS AGREEMENTS”) that I have entered into with your employer, its partners, licensors, agents and assigns, in perpetuity, without prejudice to my ongoing rights and privileges. You further represent that you have the authority to release me from any BOGUS AGREEMENTS on behalf of your employer.

( thanks to ReasonableAgreement.org )

]]> By: Toxa http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-414062 Toxa Wed, 30 Nov -0001 00:00:00 +0000 #comment-414062 My cat is also named Simba! But he walks on the keyboard for much duller reasons... My cat is also named Simba!

But he walks on the keyboard for much duller reasons…

]]> By: cynicaldrunk http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-413817 cynicaldrunk Wed, 30 Nov -0001 00:00:00 +0000 #comment-413817 What happens if I put a glass on top of the mousepad and pour 18y/o scotch in it, as _I_ technically never clicked anything, could the scotch be sued seeing it is of legal age? These are the questions that must be asked! What happens if I put a glass on top of the mousepad and pour 18y/o scotch in it, as _I_ technically never clicked anything, could the scotch be sued seeing it is of legal age?

These are the questions that must be asked!

]]> By: ackpht http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-413821 ackpht Wed, 30 Nov -0001 00:00:00 +0000 #comment-413821 My kitten Alex took a walk on my laptop's keyboard. His cute little paws pressed the correct keys to rotate the display image by 180 degrees- which is fine if your head's on upside-down, otherwise it is an inconvenience. It took me about a half hour to figure out how to undo it. Nice kitty. My kitten Alex took a walk on my laptop’s keyboard. His cute little paws pressed the correct keys to rotate the display image by 180 degrees- which is fine if your head’s on upside-down, otherwise it is an inconvenience.

It took me about a half hour to figure out how to undo it.

Nice kitty.

]]> By: kaiza http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-414092 kaiza Wed, 30 Nov -0001 00:00:00 +0000 #comment-414092 Stuff EULA's - I'd get my cat to <a href="http://www.youtube.com/watch?v=2VxMLY1poSw">turn me into an internet-powered superhero</a>! Stuff EULA’s – I’d get my cat to turn me into an internet-powered superhero!

]]> By: A New Challenger http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-413844 A New Challenger Wed, 30 Nov -0001 00:00:00 +0000 #comment-413844 And Standard Oil is owned by a half-eaten breakfast. And Standard Oil is owned by a half-eaten breakfast.

]]> By: Deidzoeb http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-414101 Deidzoeb Wed, 30 Nov -0001 00:00:00 +0000 #comment-414101 BB and Cory have convinced me that lots of software EULAs and online EULAs are absurd, unfair, hardly legal, and hopefully wouldn't hold up in court. But I wouldn't think a contract would be void just because a competent adult signalled agreement using Schroedinger's Cat as part (D) in a Rube Goldberg contract-signing device. Same with Schroedinger's Baby. BB and Cory have convinced me that lots of software EULAs and online EULAs are absurd, unfair, hardly legal, and hopefully wouldn’t hold up in court. But I wouldn’t think a contract would be void just because a competent adult signalled agreement using Schroedinger’s Cat as part (D) in a Rube Goldberg contract-signing device. Same with Schroedinger’s Baby.

]]> By: ZekeSulastin http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-414107 ZekeSulastin Wed, 30 Nov -0001 00:00:00 +0000 #comment-414107 1) There's likely a clause in the EULA that merely using the software is tacit agreement to its clauses. 2) It's painfully obvious that the cat had no idea what she was signing, and you even admitted to coercion :) ergo ... 3) You're still just going to have to use the "STFU UR PAPRS R FAIL" argument the rest of the Internet has sworn by assuming you ever do get dragged into court. Mayhaps you should actually read them - before your contraptions, maybe? :S 1) There’s likely a clause in the EULA that merely using the software is tacit agreement to its clauses.

2) It’s painfully obvious that the cat had no idea what she was signing, and you even admitted to coercion :) ergo …

3) You’re still just going to have to use the “STFU UR PAPRS R FAIL” argument the rest of the Internet has sworn by assuming you ever do get dragged into court. Mayhaps you should actually read them – before your contraptions, maybe? :S

]]> By: Ugly Canuck http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-414122 Ugly Canuck Wed, 30 Nov -0001 00:00:00 +0000 #comment-414122 My cat agrees to EULAs all the time, but when they try to enforce them, my cat just smiles silently. My cat agrees to EULAs all the time, but when they try to enforce them, my cat just smiles silently.

]]> By: solitaire http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-413876 solitaire Wed, 30 Nov -0001 00:00:00 +0000 #comment-413876 It might have taken me 23 days and 27 tins of cat food, but after coaxing Chairman Meow into configuring and installing my bittorrent tracker and httpd, he is entirely responsible for administrating my servers. Try prosecuting me now RIAA, IEC, MPAA, &c. It might have taken me 23 days and 27 tins of cat food, but after coaxing Chairman Meow into configuring and installing my bittorrent tracker and httpd, he is entirely responsible for administrating my servers. Try prosecuting me now RIAA, IEC, MPAA, &c.

]]> By: Anonymous http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-414149 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-414149 Unfortunately the legal doctrine of unconscious agency would likely prevail. The act of the unconscious agent is the act of the party who sets the agent in motion. Alas. Unfortunately the legal doctrine of unconscious agency would likely prevail. The act of the unconscious agent is the act of the party who sets the agent in motion. Alas.

]]> By: Anonymous http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-414168 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-414168 Yeah, this is a witty piece of parody but it's a case of "It doesn't work like that". There's such a thing as implied acceptance and sitting in front of your computer using the programs is going to cause some problems for you. Yeah, this is a witty piece of parody but it’s a case of “It doesn’t work like that”.

There’s such a thing as implied acceptance and sitting in front of your computer using the programs is going to cause some problems for you.

]]> By: Anonymous http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-414938 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-414938 Why all the fuss? Use open-source software, and you can let the cat nap in your lap. Why all the fuss? Use open-source software, and you can let the cat nap in your lap.

]]> By: Piers W http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-414943 Piers W Wed, 30 Nov -0001 00:00:00 +0000 #comment-414943 Back in the days of Macs and ResEdit I remember amusing myself by swopping the 'I agree' and 'No I don't' buttons. With something as ludicrous as EULAs, crossing your fingers seems a good enough legal defence. Back in the days of Macs and ResEdit I remember amusing myself by swopping the ‘I agree’ and ‘No I don’t’ buttons.

With something as ludicrous as EULAs, crossing your fingers seems a good enough legal defence.

]]> By: Chip Cooper http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-434659 Chip Cooper Wed, 30 Nov -0001 00:00:00 +0000 #comment-434659 I believe the article entitled "The Agreeable Cat", by Ann Loucks, raises some important issues. I’ve provides a legal analysis in the form of an article posted at my digicontracts.com site. To read the article, go to http://www.digicontracts.com/articles/cust/SaaS_Agmt%20_Enforceable_Against_Cat.aspx Chip Cooper, Internet Attorney I believe the article entitled “The Agreeable Cat”, by Ann Loucks, raises some important issues.

I’ve provides a legal analysis in the form of an article posted at my digicontracts.com site.

To read the article, go to http://www.digicontracts.com/articles/cust/SaaS_Agmt%20_Enforceable_Against_Cat.aspx

Chip Cooper, Internet Attorney

]]> By: chris http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-414190 chris Wed, 30 Nov -0001 00:00:00 +0000 #comment-414190 Thank you, now I have a cool project this weekend. Teach my dog to accept EULAs. Hopefully he doesn't actually read the text like most mammals. Thank you, now I have a cool project this weekend. Teach my dog to accept EULAs. Hopefully he doesn’t actually read the text like most mammals.

]]> By: Anonymous http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-414965 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-414965 At least in the US and the UK, contract formation requires legal capacity which a cat does not have. Furthermore, acceptance of contract terms can be expressed in any way that is unambiguous and is not limited to the method proposed by the software vendor (aka offeree). This includes conduct like putting a pencil by the keyboard and waiting for the wind to knock it over or any cat-based methods above. Just because an "I agree" button is put on screen, you don't need to click it to accept. This is true regardless of whether the EULA says continued use constitutes acceptance. The only arguably case that I can think of is if someone else (eg domestic partner or spouse) installs the software of their own free will and without you asking. Your partner/spouse is bound, but you are probably not. This is also true regardless of whether the EULA claims that mere use constitutes acceptance. At least in the US and the UK, contract formation requires legal capacity which a cat does not have. Furthermore, acceptance of contract terms can be expressed in any way that is unambiguous and is not limited to the method proposed by the software vendor (aka offeree). This includes conduct like putting a pencil by the keyboard and waiting for the wind to knock it over or any cat-based methods above. Just because an “I agree” button is put on screen, you don’t need to click it to accept. This is true regardless of whether the EULA says continued use constitutes acceptance.

The only arguably case that I can think of is if someone else (eg domestic partner or spouse) installs the software of their own free will and without you asking. Your partner/spouse is bound, but you are probably not. This is also true regardless of whether the EULA claims that mere use constitutes acceptance.

]]> By: Anonymous http://boingboing.net/2009/02/17/apparatus-for-allowi.html#comment-424951 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-424951 Problem is thar you have to agree with the EULA to use the program. Your cat is fully authorized to use the program, you're not. It's called <b>E</b>nd <b>User</b> license agreement with a reason, and your cat is not a end user. You are actually being illegal without even doing something wrong stated in the EULA, because you are using the program whithout agreeing with the EULA thus performing an illegal operation. Problem is thar you have to agree with the EULA to use the program. Your cat is fully authorized to use the program, you’re not. It’s called End User license agreement with a reason, and your cat is not a end user. You are actually being illegal without even doing something wrong stated in the EULA, because you are using the program whithout agreeing with the EULA thus performing an illegal operation.

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