Jerry Pournelle wrote in 1983: “I have not seen any evidence that… Levian agreements – full of “You must not” have any impact on piracy. He gave an example of a CLA that was impossible for a user to stick to, and he said, “Come on, guys. No one expects these agreements to be respected. Pournelle noted that, in practice, many companies were more generous to their customers than their U.S. required: “So why do they insist that their customers sign “agreements” that the customer refuses to keep and that the company knows they are not respected? … Should we continue to make hypocrites for both publishers and customers? [14] Several companies have parodied this belief that users do not read end-user licensing agreements by adding unusual clauses, knowing that few users will ever read them. As an April joke, Gamestation added a clause stating that users who placed an order on April 1, 2010 agreed to give their souls irrevocably to the company, which was accepted by 7,500 users. Although there is a box to be contributed to exclude the “immortal soul” clause, few users have verified it, and Gamestation has concluded that 88% of its users have not read the agreement. [17] The PC Pitstop program contained a clause in its end-user license agreement that stipulated that anyone who read the clause and contacted the company would receive a financial reward, but it took four months and more than 3,000 software downloads before someone collected them. [18] During the installation of version 4 of the Advanced Reading Tool, the installer measured the time elapsed between the appearance and acceptance of end-user licensing agreements to calculate the average playback speed.
While the agreements were accepted fairly quickly, a dialog box “congratulated” users for their ridiculously high reading speed of several hundred words per second. [19] South Park parodied in the HumancentiPad episode, in which Kyle had not read the terms of use of his latest iTunes update, and therefore accidentally agreed to let Apple employees act on him. [20] Licensing examples are available in many different sectors. An example of a licensing agreement is an agreement between software copyright holders to a company, which allows it to use computer software for their day-to-day activities. Christian, Glynna K. “Joint-Ventures: Understanding Licensing Issues.” The licensing newspaper. October 2005. Some end-user licensing agreements accompany shrunken software, which is sometimes presented to a user on paper or, in general, electronically during the installation process. The user has the choice to accept or refuse the agreement. The installation of the software depends on the user clicking a button called “accept.” See below. An IP licensing agreement is entered into between an IP rights holder (“licensee”) and a person entitled to use the rights (“takers”) for a monetary value in the form of a royalty or royalty.
Both parties agree on the terms of the negotiations, the outcome being based on the bargaining power of each party. The licensee is still the owner of the IP granted and a license can cover patent and design rights, know-how and a trademark. The agreement between the two parties may allow the licensee to exploit the licensee`s production capacity and relevant local expertise, thereby increasing the overall knowledge of the licensee. A common criticism of end-user licensing contracts is that they are often far too long for users to spend time reading them carefully.
