Comment by toyg
3 years ago
Anybody who followed the evolution of GPL knows changes in technology absolutely affected the legal setup around such technology (and viceversa). Neither side operates into a vacuum.
Note I'm not completely contrary to a legal intervention in the matter (the EULA concept must die); just that it makes more sense to put in law that companies must not take the piss, not that they can take the piss as long as they follow the letter of some standard form. Then they can absolutely follow with standard guidelines that are somewhat advisory, as a way to speed up enforcement; but it's important that the law establishes overall principles, so that it's more future-proof.
Well, if you want to innovate then, atleast as far as Germany is concerned, you have to lay out the non-standard parts of your contract in clear and simple terms along with pointing out where to read the full text.
If I give you a software copy with non-standard license, courts here won't uphold such licenses if you don't point out it's non-standard and in what ways. Because the consumer can't be expected to read and understand every legal contract they have to sign. They aren't lawyers, after all.