Windows Phone Thoughts: Lawsuit Challenges Embedded EULAs

Here's a pet peeve of mine: the idea that an EULA is enforceable even if you can't read it before you open the package! I just picked up a copy of Windows XP Professional Upgrade for a machine I was fixing today, and (from CompUSA at least) it comes in this plastic container which is a royal pain to open, and contains a cardboard box with 80% of empty space inside it. The outside of the box says nothing about the license, but by the time I get to read it (after booting the CD) it's already too late to return. I'm glad to see someone finally complain...

"A California woman is suing Microsoft, Symantec and some software retailers, claiming the companies 'concocted a scheme' to mislead consumers by requiring them to consent to software licensing agreements they haven't read.

The suit, filed Friday in Marin County Superior Court in San Rafael, Calif., seeks class-action status on behalf of all Californians who've bought software including Norton Antivirus 2002, Norton Systemworks and Windows XP Upgrade.

Specifically, the suit, which was brought by Cathy Baker, claims that Microsoft, Symantec, CompUSA, Best Buy and other unnamed retailers don't allow people to read 'shrink wrap' licenses--agreements printed inside the box or incorporated into the software itself--before they buy a product."