Re: Long names are doom ?

[James Kanze <James.Kanze@dresdner-bank.com>]

Dan Mercer wrote:

> In article <3B25D5FB.15C9B240@dresdner-bank.com>,
> James Kanze <James.Kanze@dresdner-bank.com> writes:
> > Dale King wrote:

> >> Unfortunately, a software lawsuit would have little ground to
> >> stand on.  Imagine if McDonald's required all customers who order
> >> hot coffee to sign an agreement before they are given the coffee
> >> where they acknowledge that the coffee is hot and can cause burns
> >> and that the customer assumes all responsibility for the proper
> >> handling of the coffee. If you got burnt from the coffee would
> >> you be able to win a suit agains McDonald's? Not likely, since
> >> you agreed to accept the responsibility.

> > Did you sign such an agreement when you bought your software?

> The agreement is part of the installation process.  You can't
> install the software unless you agree to the license terms.  This
> constitutes a legal "acceptance".

I've never signed anything when installing software.  I have clicked a
lot of buttons, but that's part of the operations necessary to install
the software.  I'd be very surprised if any court here would say that
just by clicking a particular button, particularly during a sequence
of button clicks, constituted accepting a contract.

Note that most software also comes with a README file.  I read them;
I'm a professional, and I'm often doing fairly complicated things.  My
wife, on the other hand, might start to read it, but would soon
realize that she doesn't understand any of the technical jargon
anyway.  And of course, she would not read anything further during the
installation process, supposing as well that it was technical jargon.
And would doubtlessly click on accept thinking it was just another
button for enter.  To make the machine do anything, you just click on
buttons until it does it, and the lables on the buttons don't really
mean anything.  After all, to stop the machine, she first clicks on a
button labled start.

In sum, a reasonable person cannot be expected to understand, or even
to read, the license before clicking on accept.  And thus, cannot be
held to have entered into a contract.

(This ignores the fact that much of the software on one of my machines
was actually installed by my son.  Who is underage, and cannot enter
into a legally binding contract anyway.)

-- 
James Kanze                               mailto:kanze@gabi-soft.de
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