this post was submitted on 18 Aug 2024
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Companies left and right will start creating EULAs with forced arbitration clauses for all kinds of crazy things... Shit like "Being in the general vicinity of one of our buildings, you agree with our license terms". Or "saying the name of our company, you agree with our EULA". Or "By being alive, you agree to our EULA".
Luckily it has been decided just showing it to you, or having it exist but not showing it to you, are not enough enough to say you agree. They must show it to you and you must actually agree to it. The issue is we have to go through these all the time. Even if you're a lawyer, there's no way you have enough time in your day to read all of every EULA that comes your way. You have to assume they aren't too bad.
There really should be length and understandability requirements to this stuff. Maybe create a standard form all of them can choose to include for all the basic stuff so you know it in advance. Everything else must be under a given length and can't be too hard to understand.