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Originally posted by CaptainHaddock:
What has court to do with any of this? You can't be taken to court for cracking your software.
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Of course you can. If you have bought a monthly travelcard for public transportation and do not get your ticket checked properly for whatever reason, you might get a fine if a controller passes by. Your travelcard's conditions of use are not an option : they describe the only legal way to use it.
That is about the same thing for software : there might be nobody in the area that catches you, but that does not mean that what you are doing is legal.
An EULA gives you the right to *use* a software following the conditions you have agreed to be bound to when purchasing it and then accepting its licence agreement. If you do not use your software regularly and if someone suits you (for whatever reason), you will see that EULAs have much more signification than notes put on a car door...
Saying that is not being a "corporate slave". I find it important to know what you risk and to be aware of it. With such points as :
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He didn't agree to it before buying the program. Shrink-wrap "license agreements" are neither licenses nor agreements and have no legal standing. A court in California just confirmed this in a fairly high-profile case.
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You're not trapped by them because they don't amount to anything. If I put a note on your car door that said by removing the note and opening your door, you'd have to agree to my silly terms, would it be a valid contract? Of course not.
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you only mislead people in letting them think that EULAs are "paper tigers" that have no legal validity. In the US as in the EU, EULAs forbid any modification to the code and any misuse of the identity of the owner.
This has little importance for the regular Joe that cracks software at home for its personal use. It is, however, of highest importance for anyone doing business with the software he uses. More and more legal actions are made against those kind of users, and some people find out much too late that they can go to jail for having thought that they had more rights on the software they purchased than the vendor himself....
Edit: that was it, thanks to oneota.