A few thoughts on today’s class.
1. All our discussions on EULAs reminded me of this story I had read some time ago, and was able to miraculously find without much difficulty using Google: http://www.cypherpunks.ca/dell.html
2. It also reminded me of this: http://news.cnet.com/8301-17852_3-20002689-71.html
3. When I draft a contract, my primary goal is to clearly state the rights and obligations of the parties so that they can refer to the agreement when necessary to figure out what they have to do and what they’re supposed to get so the parties can avoid litigation. Basically, the contract is there to eliminate (ideally) uncertainty. Aside from issues re: enforceability, I don’t think it matters whether the contract requires a conventional signature or is a click/shrink/browse wrap agreement.
4. If there is a good or service for which you are supposed to sign a EULA before using, then I think in most cases a perfectly viable option is not to use that good or service. I do not have a right to become a Night Elf Mohawk on my own terms.
EDIT: 9:30pm, 6 February 2013
5. I completely agree that innovation is done standing on the shoulders of giants, but also think that incremental improvements can be valuable and worthy of protection. To elaborate on the example we discussed in class today, here are Maxwell’s Equations: http://www.antenna-theory.com/definitions/maxwellseq.jpg
and here is a very simple radio: http://www.sentex.ca/~mec1995/circ/whisker1.html
You start with the equations, which in and of themselves are in the public domain, and through a series of incremental improvements over the years arrive at a practical invention that bears little resemblance to what you started with.
EDIT: 9:46pm, 6 February 2013
5.1 Even better, here is one of Marconi’s very early patents: http://www.google.com/patents?id=7lRCAAAAEBAJ&zoom=4&pg=PA1#v=onepage&q&f=false
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