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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[–] [email protected] 39 points 10 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.

[–] [email protected] 0 points 10 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.