Comments on: EMI responds to EFF http://www.p2pnet.net/story/7699 p2pnet.net - reader powered Wed, 01 Feb 2012 15:11:09 -0300 http://wordpress.org/?v=2.8.4 hourly 1 By: Reader's Write http://www.p2pnet.net/story/7699/comment-page-1#comment-32271 Reader's Write Wed, 25 Jan 2006 03:49:54 +0000 #comment-32271 Most common installers are just wrappers from which the "real" executables can be extracted. Still, the interaction necessary in reversing might be enough for a court to find consent to the EULA - in this respect you have a point. Another possibility would be examining the computer of someone who did agree to the EULA, but the reverser did not. With favorable facts the analyst could be in a good legal position - e.g., customer brings in computer for service ("it won't let me do what I want anymore!"). Third possiblity, reports from respectable sources (Russinovich I think, in the Sony debacle) said the software would install even if the user said no to the EULA. In such case the owner is certainly entitled to disregard any supposed terms and conditions. EULAs would be disallowed in a just legal system, but that's another issue. Most common installers are just wrappers from which the “real” executables can be extracted.

Still, the interaction necessary in reversing might be enough for a court to find consent to the EULA – in this respect you have a point.

Another possibility would be examining the computer of someone who did agree to the EULA, but the reverser did not. With favorable facts the analyst could be in a good legal position – e.g., customer brings in computer for service (”it won’t let me do what I want anymore!”).

Third possiblity, reports from respectable sources (Russinovich I think, in the Sony debacle) said the software would install even if the user said no to the EULA. In such case the owner is certainly entitled to disregard any supposed terms and conditions.

EULAs would be disallowed in a just legal system, but that’s another issue.

]]> By: Reader's Write http://www.p2pnet.net/story/7699/comment-page-1#comment-32124 Reader's Write Tue, 24 Jan 2006 10:13:05 +0000 #comment-32124 It's usually near impossible to do any serious reverse engineering without actually running the target software through a debugger (with disassembly abilities). With that in mind, it becomes nesessary to run the software in question to perform the reversing. So actually you do have to adhere to the EULA, technically atleast. It’s usually near impossible to do any serious reverse engineering without actually running the target software through a debugger (with disassembly abilities).

With that in mind, it becomes nesessary to run the software in question to perform the reversing. So actually you do have to adhere to the EULA, technically atleast.

]]> By: Reader's Write http://www.p2pnet.net/story/7699/comment-page-1#comment-32046 Reader's Write Tue, 24 Jan 2006 03:53:46 +0000 #comment-32046 There are no EULAs on CDs at present. The EULAs are on the software - the DRM trojan that will try to install if you're foolish enough to leave the "auto-run" anti-feature enabled. If you install the software, well, you presumably can't do so without clicking "yes" to the EULA. However, if you just copy the executable off the disc, you can do whatever you want with it without ever being confronted with a EULA. Then if you reverse-engineer it or whatever, there may be DMCA violation, but there can't be a contract issue if you never invoked or agreed to the EULA. -- jen_eric999 There are no EULAs on CDs at present. The EULAs are on the software – the DRM trojan that will try to install if you’re foolish enough to leave the “auto-run” anti-feature enabled.

If you install the software, well, you presumably can’t do so without clicking “yes” to the EULA. However, if you just copy the executable off the disc, you can do whatever you want with it without ever being confronted with a EULA.

Then if you reverse-engineer it or whatever, there may be DMCA violation, but there can’t be a contract issue if you never invoked or agreed to the EULA.

– jen_eric999

]]> By: Reader's Write http://www.p2pnet.net/story/7699/comment-page-1#comment-32036 Reader's Write Tue, 24 Jan 2006 01:38:08 +0000 #comment-32036 EULA's can and have been enforced (at least in the US), the guys who developed bnetd were sued back to the stone age by blizzard for EULA violation. I would like to see some laws passed to limit the scope of EULAs and require them to be displayed in an area accessible to the customer before purchase as you said. Right now they can pretty much bind you into slavery as bill gates towel boy if they wanted, and that isn't right. EULA’s can and have been enforced (at least in the US), the guys who developed bnetd were sued back to the stone age by blizzard for EULA violation.

I would like to see some laws passed to limit the scope of EULAs and require them to be displayed in an area accessible to the customer before purchase as you said. Right now they can pretty much bind you into slavery as bill gates towel boy if they wanted, and that isn’t right.

]]> By: Reader's Write http://www.p2pnet.net/story/7699/comment-page-1#comment-32033 Reader's Write Tue, 24 Jan 2006 01:17:37 +0000 #comment-32033 ummm, yeah, so we say it's safe so you don't need to check....yeah that's our story. ummm, yeah, so we say it’s safe so you don’t need to check….yeah that’s our story.

]]> By: Reader's Write http://www.p2pnet.net/story/7699/comment-page-1#comment-32028 Reader's Write Tue, 24 Jan 2006 00:06:31 +0000 #comment-32028 "The EMI spokesman told ZDNet UK EMI Group CDs clearly say they're content-protected and that EMI had "no rootkit issues," says CNET." No rootkits, but what about security issues?? “The EMI spokesman told ZDNet UK EMI Group CDs clearly say they’re content-protected and that EMI had “no rootkit issues,” says CNET.”

No rootkits, but what about security issues??

]]> By: Reader's Write http://www.p2pnet.net/story/7699/comment-page-1#comment-32027 Reader's Write Tue, 24 Jan 2006 00:05:26 +0000 #comment-32027 The only way a EULA could really be enforce would be if they made it in paper around the outside of the box. But I can't see companies messing up their pretty packages with their legalize crap. The only way a EULA could really be enforce would be if they made it in paper around the outside of the box. But I can’t see companies messing up their pretty packages with their legalize crap.

]]> By: Reader's Write http://www.p2pnet.net/story/7699/comment-page-1#comment-32025 Reader's Write Tue, 24 Jan 2006 00:00:35 +0000 #comment-32025 Dunno I think any EULA cannot be enforced, you can't agree to them untill after you have opened a cd, and you can't return an opened cd..... Dunno I think any EULA cannot be enforced, you can’t agree to them untill after you have opened a cd, and you can’t return an opened cd…..

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