So your telling me there are no legal ramifications if I go and say alter a game to make Mario kill hookers?
That's creating a derivative work and falls under different rules.
By that logic I don't have to pay for my goods as well because I never enter a bounding contract with a company to pay them.
No, sales contracts are implicit and defined by law. A private person cannot write a similar implicit contract because they are not the law. A contract can only be established through the consent of all parties. Consent can only be given when the contract terms are known (contracts where one party cannot be reasonably expected to have full knowledge of all terms before signifying consent are void). A note in the back of the manual is not defined as known and you have no way of telling whether the person you claim entered the contract has agreed to it or rejected it and simply proceeded to use what is legally his (he can use it without agreeing to that contract and there's not a damn thing you can do). With click-through EULAs you present the contract and force the user to click "accept" in order for the program to start.
Or a better example. At a grocery store the grocer states clearly that by parking in the parking lot that any damaged committed by carts they are not liable for.
That is a disclaimer of liability, not on the same level as a contract. It's also the terms under which you are permitted to enter the grocer's land. A shrinkwrap contract does not give you anything in exchange for agreeing since you have the legal right to use the product. The grocer could wihdraw his part of the offer if you don't keep yours (i.e. get you for trespassing), the company that issued a shrinkwrap contract cannot prevent you from using the product if you don't agree to their contract.
I'm sorry but the printed Terms of Use have ramification that are rarely pursued but are still there no less.
Terms of use apply when you use other people's property. When you buy something and it comes with a shrinkwrap contract it's your property. Copyright can prevent you from copying but it cannot prevent you from using it. Only installers that force agreement to an EULA can do that (although this method is not valid in some jurisdictions since it constitutes 1. a contract under durress (void since you can't disagree with it without losing money), 2. a change to the terms of sale that the buyer was not informed of (sold product differs from product the buyer understood he bought, license vs. copy, constitutes fraud) and 3. a non-negotiated contract (EU law limits the terms those can carry, minus those the EULA is merely a declaration that copyright applies)).
They are lying. Unless they get you to sign a waiver when you enter the parking lot, they can't avoid liability that way.
I don't think the landlord is liable by default, those carts don't move themselves so the guilty party is someone in the area. I've never seen that kind of disclaimer 'round here, I guess it's to deal with the flood of stupid lawsuits the US legal system is plagued with (suing people because you're too dumb to hold a cup of coffee? YOU spilled it, YOU are liable!).
Policy manuals are not agreements of any kind. They are 100% one-sided.
They are the terms under which you can use somebody else's property, the owner of those computers is not required to let you use them, if you agree to the terms he agrees to do so.
You know, the one that appears every time you boot up a Nintendo game now because just printing it in the manual wasn't enough to cover Nintendo in court?
I don't think Nintendo would have lost that case, they simply settled. This disclaimer probably allows them to make the judge throw lawsuits out as frivolous before they get a real hearing which saves on legal costs.
Topic: Sony getting hit Hard lately (Read 867261 times)
