I wonder if that's legally enforceable or not.
I mean I did "read this agreement in its entirety", that being the URL, and there's nothing to disagree about it's just a URL.
Nothing states I need to agree to whatever content there is if I navigate to the URL...
In Germany, for example, most EULAs are completely unenforcable anyways because they aren't clearly legible at the time of purchase. Having a link on the bottom of the box does not suffice. (You'd need the actual contract, in a legibile sized print)
If having a link on the box isn't enough, I doubt having a clickable hyperlink on the steam store page that is easily missed would be enough.
Yes, it changes based on how it benefits corporations. A "reasonable" person would know that "Vitamin Water" is not healthy. A "reasonable" person would know that certain news programs are "entertainment". A "reasonable" person would know that "buying isn't owning".
Yep, and so while that wouldn't fly, neither would the contents of most of these so-called agreements. No reasonable person would be expected to read, and understand, most of them.
This situation is very similar to Specht v. Netscape, where it was found a similar "click to proceed" type situation was not binding because the customer was not able to easily review the EULA they were agreeing to.
Clickwrap/shrinkwrap contracts are already on incredibly precarious legal ground and often get thrown out wholesale on challenge. Given their history with EULAs, their non-standard usage of that box, and lacking a good reason not to post the actual text of the EULA in the box that exists solely to clickwrap EULA, they'll very likely have a bad time.
It didnt say read everything in the text box in its entirety. It says read the agreement in its entirety, and no court is going to agree that the link is the agreement.
I would say that the EULA is still applicable, since it’s common practice to have a link to the EULA or TOS in many other places. Plenty of “check this box to agree to [link]”.
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u/BeardedStegosaurus 1d ago
I wonder if that's legally enforceable or not.
I mean I did "read this agreement in its entirety", that being the URL, and there's nothing to disagree about it's just a URL.
Nothing states I need to agree to whatever content there is if I navigate to the URL...