Contract law in the U.S. has a defense to this, namely a doctrine where any contract that is so manifestly unjust so as to shock the conscience will not be enforced. The problem is that like all tech law, case law is all over the place.The Unconcionability of Arbitration Agreements in EULAs. (Thanks, John!)
The piece ends with suggestions on how to use the great power of Arbitration clauses and EULAS with great responsibly. I even included an "ethical arbitration agreement" in the EULA.
- Sketch comedy troupe proposes a EULA for friendship - Boing Boing
- Hardest-to-understand EULA *ever* when you install WoW on GNU ...
- Thomas Edison's crappy, price-fixing EULA - Boing Boing
- Grapes with a EULA - Boing Boing
- A fair EULA for downloaded works - Boing Boing
- ReasonableAgreement.org - the anti-EULA - Boing Boing
- Boing Boing: Sony's EULA is worse than their rootkit
- Malware gets a EULA - Boing Boing
I write books. My latest is a YA science fiction novel called Homeland (it's the sequel to Little Brother). More books: Rapture of the Nerds (a novel, with Charlie Stross); With a Little Help (short stories); and The Great Big Beautiful Tomorrow (novella and nonfic). I speak all over the place and I tweet and tumble, too.