[Full-Disclosure] SunnComm to sue 'Shift key' student for $10m

Michael Sierchio kudzu at tenebras.com
Fri Oct 10 15:50:23 BST 2003


Florian Weimer wrote:

> According to the report, the software shows an EULA before the system is
> modified, so there is user consent.

Arguably, no.  Is it informed consent?  The statement in the EULA

	This audio compact disc utilizes MediaMax technology by
	SunnComm to deliver enhanced features to your computer.
	In order to properly utilize this CD on your computer, it
	is necessary to install a small software program on your
	computer hard drive.

is misleading to such a degree that it may be deemed fraudulent.
The intent and purpose of is copy protection, and so this is
fraud by exceeding the scope of consent.




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