HACKER Q&A
📣 klntsky

What Laws Limit EULAs?


What laws determine the limits of EULAs attached to products, e.g. websites?

It wouldn't make any sense if I state that all property of my webpage users belongs to me if they dare to use an adblocker - It wouldn't be enforceable even if they accepted the rules on my website, right?

But even if the scope of consequences is limited to whatever happens between the client and the product, these consequences can be severe. Do we have historical examples of services exploiting users legally through EULAs no one reads?

  👤 stop50 Accepted Answer ✓
In germany its several laws. The probably most important is 305c of the BGB: if an part of an contract is not common or surprising are invalid. For example the part of the contract of bluesky where they own the posts and media you make is invalid in germany. the BGB is full of laws that limit what legal contracts can. Some limit the form (you can't sell some things without an notarized contract), while others limit who is allowed to be an contracting party (children under seven are not allowed to buy anything by themselfs and under 14 you need the explicit consent of the parents).
👤 brudgers
Because EULA's are contract law, it doesn't matter unless you are willing to lawyer up.

Because contract law is civil law, not criminal law, the district attorney and attorney general of your state are not going to get involved accept in rare cases where there is a large scale company and political motivation for going after it, e.g. FAANG's in an election cycle.

In the end, if the legality matters enough to hire a lawyer, hire a lawyer. Good luck.