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by jerf
5249 days ago
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As mentioned on the Wikipedia page for EULAs towards the end [1], the solution is to encase absolutely everything in DRM, making it a DMCA violation to remove the DRM without permission. Then, Google permits everybody except Hollywood to remove it freely. Oh, and while the DMCA requires DRM to be "effective", that has proved to be a low bar. More seriously, EULA case results are mixed, and Wikipedia's somewhat sarcastic first sentence of that section as I write this is broadly correct: "The enforceability of an EULA depends on several factors, one of them being the court in which the case is heard." Maybe there's some other legal doctrine about contracts that would knock this out, but it's not immediately obvious to me that this couldn't be done. (Not that it will, of course.) [1]: http://en.wikipedia.org/wiki/End-user_license_agreement#Enfo... |
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I think the "effective" in "No person shall circumvent a technological measure that effectively controls access to a work protected under this title."[0] probably means something more like "has the intended effect of" rather than "does a good job at."
[0] http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_0...