On Sun, 13 Feb 2005, Sam MacDonald wrote:

> I understand your point of view and agree that wrong is wrong.
> But
> If you purchase something that has a binding legal agreement with and 
> you use said product you are bound by law to abide by that agreement.  
> Wrong is wrong even if it's my wrong.

The "binding legal agreement" is where the disconnect comes from.  EULAs 
are generally defended as if they're contracts.  The problem is, the one 
time they've come up in front of a judge, the judge said they weren't:
http://slashdot.org/articles/01/11/28/1551200.shtml

It's called "right of first purchase".  Also known as "simply claiming 
something is true, doesn't make it so." 

Among other differences, contracts imply negotiation.  Generally, when I 
sign a contract giving up some of my freedoms, I have some ability to 
negotiate what the terms of the contract are- not so with EULAs.
Secondly, there is generally compensation.  I'm giving up my rights 
voluntarily for some form of compensation.  Note, you can't call getting 
the software compensation- I'm paying for the software.  Third, contracts 
generally require stronger affirmation- generally at least a signature, if 
not a witness notary.  Clicking 'OK' doesn't count.  Fourth, minors can 
not sign contracts- but they can purchase and install the software (and be 
covered by the EULA!).  Microsoft trys to get around this by saying that 
simply *using* their software means you are covered by the EULA.  By 
reading this email you agree to pay Brian Hurt $1,000 (cash, and in small 
bills, sucka).

> The power company tells us to call before we dig but every year people 
> are killed by underground power lines when they put a spade through the 
> line. Should the power company have to post a warning every 5 feet.  The 
> price of power would be $100.00 per kWh, what then?
> 

And the award for the wost analogy of the year goes to...

The power company is not claiming any rights when they say that if you try 
to dig up a power line, it'll probably kill you.  If they want to run a 
power line through my property, they have to get a right of way agreement- 
which means they need to get me to sign a peice of paper saying they can 
run a power line through my property.  If I don't sign, they have to go 
around.

Brian