Making Others Read YOUR Fine Print -- Turning EULAs Around
from the that'll-show-them...-or,-maybe-not dept
With so many annoying end user license agreements (EULAs) out there with impossible fine print that almost no one reads, it appears that some users are "fighting back." Broadband Reports points to one user who is adding his own fine print EULA on the back of the payment checks he sends in to his broadband provider, noting that in cashing the check, they agree not to cap his broadband. It's probably not binding... but it does highlight how people are often expected to simply accept all of these EULAs without any chance to negotiate or change the terms.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Why isn't it binding?
Of course, I have to do the same thing that the EULA writers do and offer the opportunity to return the check, which I think I should be able to stipulate that they do at their own cost. Heck, it's my EULA, right?
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Re: Why isn't it binding?
Yes, if there were no such agreement in place, it would be binding, but in this case... probably not.
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Put the fine print on FRONT of the check.
(Be careful to keep a copy of the check, at least pre-sig if you can't get it post-sig.)
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Re: Why isn't it binding?
That means that when I receive your check with an EULA scribbled on it, I am going to chuck it, wait for your accounts due date to pass, and then assign you a late fee… and when you refuse to pay THAT, I am going to contact the credit reporting companies… and your check will not have cleared, so you have no evidence to suggest that I have been paid. Don’t be an ass hole, just pay your bills according to the terms you agreed to - even if you did not bother to read them.
Besides, this isn’t anything new… My dad did this with the child support checks he sent to my mom back in the 80’s… he would send one check every three months or so, and put a note on the back that said something to the effect of: by endorsing and depositing this check the payee acknowledges that all outstanding payments due have been paid in full.
A real charmer my dad… really great guy… damn I have good genes. (/sarcasm)
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This is a simple issue of contract law ....
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Re: Re: Why isn't it binding?
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