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Getting Serious About User-Friendly Mass Market Licensing For Software, Robert W. Gomulkiewicz
Getting Serious About User-Friendly Mass Market Licensing For Software, Robert W. Gomulkiewicz
Articles
Software publishers use standard form end user licenses (“EULAs”) in mass market transactions on a regular basis. Most software users find EULAs perplexing and generally ignore them. Scholars, however, have focused on them intently. In the past twenty years over a hundred scholarly articles have been written on the subject. Most of these articles criticize EULAs and argue that courts should not enforce them. In their critique of EULAs, some scholars examine the adequacy of the offer, acceptance, and consideration. Others discuss EULAs as part of the troublesome issue of standard form contracting, and whether standard forms, on balance, harm …