You don’t actually need to be aware of it. Because you said you were aware of it, when you clicked Accept on the EULA, and on page 62 of the EULA it said they have the right to disable your printer remotely at any time and for any reason.
In decent nations, an EULA is considered an attempt by the seller to, after the purchase, change the terms of the implicit contract which was the sale, so it’s has no legal standing whatsoever.
Absolutelly, the seller can set contract terms before the sale is done (and even then there are lots of limitations to avoid things like bait & switch, so it usualy has to be pretty clear and upfront and there are certain rights that a retail buyer simply cannot loose, even contractually), but never after the sale has been done.
EULAs only have legal standing in a few places, including a few States in the US.
EULAs can very well be legal when you can read tgem before you purchase. Though German courts somewhat assume that nobody reads them, which becomes relevant if somebody puts something very unexpected in there.
I would expect that they somehow disable only the ink, not the whole printer.
Apparently thi also makes buying used printers a mess.
When ever I am forced to sign something (like some contract addendum for my job) I write that I don’t understand anything on that paper, or now I write it in email before e-signing.
It should be. But you agreed to it. Gotta print out that child support declaration in 20 minutes before your lawyer has to go to court? Hey fuck you consumer. Have a medical emergency and need to print something to save a patient? Fuck you consumer.
Someone should sue them for everything they are. Because they are thieves of the highest order.
When does an agreement become null and void when the knowledge and time needed to understand the terms, and especially whether they even stand in the various jurisdictions, is simply unfeasible for a layperson to be expected to possess?
In a similar vein, if an agreement requires a lawyer on call/retainer to interpret, what court besides a bought court would possibly uphold such a standard?
Fwiw I’m not asking this with the expectation of you personally having the answers, but to further highlight the absurdity of many of these so-called agreements.
EULAs and TOSs have been tossed out in court before under the logic that you need to understand an agreement for it to be legally binding and that not reading the agreement inherently prevents you from understanding it.
Wikipedia has an overview and their enforceability varies pretty dramatically across the US (which is why many such agreements attempt to specify which states or courts they must be litigated against in).
In most of the World EULAs have no legal standing whatsoever because they’re an attempt by the seller to after the sale change the terms of the sale.
It’s mainly in the US that those things aren’t instantly dismissed by the court as legally meaningless, but then again the US is way less consumer friendly that, for example, pretty much all of Europe.
Shit that should be fucking illegal, this.
If they were not aware of it before buying then it is illegal.
You don’t actually need to be aware of it. Because you said you were aware of it, when you clicked Accept on the EULA, and on page 62 of the EULA it said they have the right to disable your printer remotely at any time and for any reason.
In decent nations, an EULA is considered an attempt by the seller to, after the purchase, change the terms of the implicit contract which was the sale, so it’s has no legal standing whatsoever.
Absolutelly, the seller can set contract terms before the sale is done (and even then there are lots of limitations to avoid things like bait & switch, so it usualy has to be pretty clear and upfront and there are certain rights that a retail buyer simply cannot loose, even contractually), but never after the sale has been done.
EULAs only have legal standing in a few places, including a few States in the US.
EULAs can very well be legal when you can read tgem before you purchase. Though German courts somewhat assume that nobody reads them, which becomes relevant if somebody puts something very unexpected in there. I would expect that they somehow disable only the ink, not the whole printer. Apparently thi also makes buying used printers a mess.
When ever I am forced to sign something (like some contract addendum for my job) I write that I don’t understand anything on that paper, or now I write it in email before e-signing.
Word
It should be. But you agreed to it. Gotta print out that child support declaration in 20 minutes before your lawyer has to go to court? Hey fuck you consumer. Have a medical emergency and need to print something to save a patient? Fuck you consumer.
Someone should sue them for everything they are. Because they are thieves of the highest order.
When does an agreement become null and void when the knowledge and time needed to understand the terms, and especially whether they even stand in the various jurisdictions, is simply unfeasible for a layperson to be expected to possess?
In a similar vein, if an agreement requires a lawyer on call/retainer to interpret, what court besides a bought court would possibly uphold such a standard?
Fwiw I’m not asking this with the expectation of you personally having the answers, but to further highlight the absurdity of many of these so-called agreements.
EULAs and TOSs have been tossed out in court before under the logic that you need to understand an agreement for it to be legally binding and that not reading the agreement inherently prevents you from understanding it.
Can you provide case law? I’m interested.
Wikipedia has an overview and their enforceability varies pretty dramatically across the US (which is why many such agreements attempt to specify which states or courts they must be litigated against in).
In most of the World EULAs have no legal standing whatsoever because they’re an attempt by the seller to after the sale change the terms of the sale.
It’s mainly in the US that those things aren’t instantly dismissed by the court as legally meaningless, but then again the US is way less consumer friendly that, for example, pretty much all of Europe.