[ale] OT: Can a cat be an end user?

Ken Ratliff forsaken at targaryen.us
Fri Feb 20 15:51:03 EST 2009


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On Feb 20, 2009, at 2:47 PM, Sean McNealy wrote:

> Unfortunately, I'd think that since you hadn't agreed to the "License
> Agreement" that you probably have not acquired any rights to use the
> software that you are downloading.
>
> The problem is that software is copyright and not just a trade secret.
> So even though you are in possession of the binaries, only the cat is
> allowed under the license to load and execute the software.

I'm pretty sure that if you lured the cat to accept the EULA on your  
behalf, you're the one that's bound. Pets aren't a legal entity unto  
themselves, they're property, so chances are you'd be bound by it  
anyway, unless it truly was an accident. I'm betting that intent would  
count on whether or not it's enforceable.

> Now you could easily complain about that last statement with a number
> of arguments, but enforcing EULAs is still a weird area, anyway.

Yeah, judication of such an issue is going to largely require which  
state it's tried in, and I have no idea how it would go in Georgia.

Regardless, I am and always have been of the opinion that if you're  
not willing to abide by the terms of the license, you probably  
shouldn't be using the software. 
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