I hate to tell you this but none of the legal decisions posted earlier PROVE anything regarding the IL-2 EULA. One specifically mentioned nothing more than a warranty disclaimer printed on the outside of the box and the other was a case involving the LACK OF MUTUAL CONSENT. That is not the case with IL-2 since, to install the software, YOU MUST CONSENT TO THE AGREEMENT.

For boxed software, the EULA is not an agreement at time of purchase, it is an agreement at time of installation and you CAN return software if you do not agree to the EULA. Admittedly you will have to fight, bitch, and moan but it can be done. If you buy it with a credit card it's even better b/c you can just dispute the charge through the bank. In all likelihood you even get to keep the software!

IF BOXED SOFTWARE EULAs WERE NOT ENFORCEABLE, THEN THEY WOULD HAVE BEEN REPLACED WITH SOMETHING ELSE BY NOW.

Why do you think that companies pay license fees to use other game engines (such as the Quake engine, UT engine, HL engine, Cry engine, etc.)? If the EULA was not enforceable they would just buy ONE copy of the game and mod/hack it to their hearts desire.

Please do NOT mention the fact that no one is charging for the Il-2 hacks UNLESS you can point out where in the EULA it allows for such.


--Outlaw.

It's really so much more than a legal issue. Hacks do ruin on-line play for your on-line brothers. There is no way around that, not all will reconize the ill effects, some won't care, others get joy out of it, to hurt on-liners. It would have been much better for all, if the code was left alone and those people had waited for bob sounds..... Well it is too late now to change the situation, so we should stop the go arounds and insults, and arguing....we are all brother pilots, and should just talk tactics, aircraft, etc. and hopefully go on as friends here

Did you or did you not make this statment to met..? Noticed you left it out there.. :wink:

"There will be no compromise.

There will be no peace.

Compromising and making peace with cheats and liars never works.
_________________


A bully? :lol: No bud, I just knew it would get you to sweating. :lol: See the only fourteen year old here is you.

I could care one Iota what you guys do to even bother but a lot of my friends do and they might not take so kindly to being insulted.

Reality Upside my head. Get real fool... Like I said we hold all the cards..

You are giving a whole lot of people a real reason to do what you say you don't want them to do by insulting them all the time..

Stalker, easy big feller :lol: .......no one is gaining any ground here, lets just drop it

Exactly Fly_Zo could these guys be any more hypocritcal? I guess calling us all "liars and cheats' is ment as a compliment.. :D

It's already dropped buddy. As you said... :wink:


What's the point right? :)

There are no precedents for an identical legal case (IE legitimate purchaser being taken to court by the publisher for personal use modification of his own software) hence quoting guideline cases...but the weight of opinion is that these EULAs (known as Shrinkwrap agreements in the US) are unenforcable, because they centre on an un-even balance of information in favour of the vendor which is against principles of free commerce (see the UCC - universal commercial code)

Licence fee's are paid because use of a substantial amount of code from one piece of software in another would be in breach of tradtional intellectual property and copywright laws they are nothing to do with EULAs at all.

Sorry gents, I was under the impression this wa a serious forum regarding iL2 and all things related, appears I was wrong and its just another 'slag fest'.

Never mind, I bet you will all be happy and content when you drive others away with incesant ranting and raves.

Bye... :cry:

Well that was easy........................hey Stalker!...give me 5000 dollor'shttp://i51.photobucket.com/albums/f3...Ball/blink.gif

Only if you give me 10,000 dollars. Then I''ll make change for you.. :D