http://madisonian.net/2005/08/25/storagetek-troubles-me/ a blog about law, tech, culture, and related things Sat, 11 Feb 2012 02:59:42 -0600 http://wordpress.org/?v=2.8.4 hourly 1 http://madisonian.net/2005/08/25/storagetek-troubles-me/comment-page-1/#comment-15131 Andrew Lahser Wed, 14 Sep 2005 05:22:45 +0000 http://madisonian.net/?p=313#comment-15131 Listen to the <a href="http://www.patentpod.com/2005/09/storage-technology-v-custom-hardware.html" rel="nofollow">StorageTek v. Custom Hardware Engineering</a> on your iPod or MP3 player. Listen to the StorageTek v. Custom Hardware Engineering on your iPod or MP3 player.

]]> http://madisonian.net/2005/08/25/storagetek-troubles-me/comment-page-1/#comment-13229 madisonian.net » EULA Developments Fri, 02 Sep 2005 14:16:21 +0000 http://madisonian.net/?p=313#comment-13229 [...] Purely as a matter of contract law, there can be little further doubt (if any doubters remained) that EULAs and similar offer-by-notice-and-acceptance-by-conduct Terms and Conditions are enforceable in virtually all domains of commercial activity, not just software. In the contracts arena, consumer advocates won the UCITA battle but are losing the ProCD war. (And they’re losing it on the authority of the patent law experts at the Federal Circuit!) What remains of a meaningful “assent” requirement is slowly, but surely, disappearing altogether. Trackback URL: http://madisonian.net/archives/2005/09/02/eula-developments/trackback/ [...] [...] Purely as a matter of contract law, there can be little further doubt (if any doubters remained) that EULAs and similar offer-by-notice-and-acceptance-by-conduct Terms and Conditions are enforceable in virtually all domains of commercial activity, not just software. In the contracts arena, consumer advocates won the UCITA battle but are losing the ProCD war. (And they’re losing it on the authority of the patent law experts at the Federal Circuit!) What remains of a meaningful “assent” requirement is slowly, but surely, disappearing altogether. Trackback URL: http://madisonian.net/archives/2005/09/02/eula-developments/trackback/ [...]

]]>