There are also examples of commercial software distributed free of charge with no license agreement whatsoever. I sincerely hope that the decision that using software is a "copy" right not implicitly granted by its distribution is overturned, as the notion is truly ludicrous.
That doesn't necessarily mean that EULAs would be unenforcable; one could still argue that the license page of the installer is an effective access control mechanism between the user and the software, possibly invoking some twisted interpretation of the DMCA.
...and I hate that I feel like I have to put this, but as I mentioned elsewhere, IANAL.
That doesn't necessarily mean that EULAs would be unenforcable; one could still argue that the license page of the installer is an effective access control mechanism between the user and the software, possibly invoking some twisted interpretation of the DMCA.
...and I hate that I feel like I have to put this, but as I mentioned elsewhere, IANAL.