this post was submitted on 03 Mar 2024
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Did your Roku TV decide to strong arm you into giving up your rights or lose your FULLY FUNCTIONING WORKING TV? Because mine did.

It doesn't matter if you only use it as a dumb panel for an Apple TV, Fire stick, or just to play your gaming console. You either agree or get bent.

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[–] refurbishedrefurbisher@lemmy.sdf.org 62 points 8 months ago (4 children)

Pretty sure EULAs are unenforcable in the US since nobody can reasonably be expected to read every single one of them for every one that they agree to.

[–] VindictiveJudge@lemmy.world 39 points 8 months ago (1 children)

I think it's more that you have to purchase the item before you can agree to the EULA. That said, it's extremely rare for anyone to try and challenge them in court, and when they do they pretty much always settle so the court can't actually demand any changes to EULAs.

[–] MeanEYE@lemmy.world 0 points 8 months ago

Analysis of how EULAs are reviewed by courts depends primarily on whether the particular EULA is determined to be a contract for the sale of goods, and thus governed by the terms of the UCC, or whether it is a contract for services, and, accordingly, governed by the common law.' Although it may be of little practical import (because even those contracts governed by the UCC can be modified to waive a consumer's traditional Article 2 inspection and rejection rights), it is important to understand the framework by which software-and by extension videogames - are analyzed by courts in the United States.

From the document Rated "M" for misleading.

[–] yamanii@lemmy.world 20 points 8 months ago (1 children)

They are even more so on the US, maybe you were thinking of the European Union? Cause in the US you have no rights if the EULA says so.

https://en.m.wikipedia.org/wiki/ProCD,_Inc._v._Zeidenberg

[–] mods_are_assholes@lemmy.world 8 points 8 months ago (1 children)

Its more complicated than that, EULA's can't require an illegal act, i.e.: If you don't kill your cat you can't use our service.

So they're not perfectly binding if they don't follow state and local law.

[–] MeanEYE@lemmy.world 1 points 8 months ago

While true, it would be up to you to prove their EULA is requiring an illegal act and then win that court case. Only then you could go after them for killing your cat. By the time you are done with legalese you are already broke and your cat is dead.

[–] MeanEYE@lemmy.world 0 points 8 months ago

In USA, they can supersede laws in some cases. Technically they can't but you'd have to prove they do before you can sue the company. If you agreed in EULA that Roku can kill your dog if you stop paying for their service, they are within their right to do so. You'd have to go to court to free yourself from the EULA obligation first before Roku can get any punishment for killing an animal. Incredibly stupid.