I hate that everything now is a subscription service instead of buying it and do whatever you want.
this post was submitted on 02 Aug 2023
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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.