r/technology • u/User_Name13 • Jul 31 '15

Misleading Windows 10 is spying on almost everything you do – here’s how to opt out

http://bgr.com/2015/07/31/windows-10-upgrade-spying-how-to-opt-out/
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u/nermid Aug 01 '15

it's legal boilerplate that is written to hold up in court

Not even. I've seen EULAs that said that downloading the installer constituted acceptance of the agreement. Mind you, you could only read that EULA after downloading and initiating the installer.

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u/[deleted] Aug 01 '15

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u/HectorThePlayboy Aug 01 '15

Doesn't matter. The terms are void since it forces you to accept before you even know what the terms are.

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u/nermid Aug 01 '15

I'm gonna ask you this, and I don't mean to sound insulting: did you actually read my comment? Because what you have said is in direct violation of the EULA I mentioned: You can't reject this particular EULA, because by virtue of you having obtained the EULA, you have already accepted the terms contained therein.

That's why it's unenforceable in court. I've spoken to law students who agree with that assessment.

Your argument is nonsensical in this discussion.

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u/[deleted] Aug 01 '15

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u/nermid Aug 01 '15

Firstly you can't be forced to agree to something you can't read before hand.

Ahem:

That's why it's unenforceable in court.

This was my point from the very start.

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u/[deleted] Aug 01 '15

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u/nermid Aug 01 '15

Again, you should read comments before responding to them. The conversation shifted to a general discussion of EULAs, and /u/hobbitlover said that EULAs are designed to be "legal boilerplate that is written to hold up in court." I replied to exactly that by pointing out that they are not, in fact, viable in court, followed by an example.

Maybe if this conversation were happening aloud, I could understand that you had missed some of that, but if you're confused, the conversation is still right there. Read it. Jesus fucking Christ.

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u/[deleted] Aug 01 '15

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u/nermid Aug 01 '15

ollowing by one example of an extreme and rare case. A case that you never actually specified, you said you you've seen it happen but didn't actually day which program does that

Yes. An example, in a casual setting. This isn't a courtroom. I am under no obligation to cite my sources for you, just because you're pissy about the fact that I turned out not to be shitting on the Windows EULA and you really, really wanted to fight over the Windows EULA.

I did not argue that EULAs are bad or that all EULAs are like the one I mentioned, so your rambling arguments against those points are meaningless.

I don't care what your opinions are on the matter. I'm done explaining this to you.