Re: SunnComm to sue 'Shift key' student for $10m

[Michael Sierchio <kudzu () tenebras com>]

Florian Weimer wrote:

> According to the report, the software shows an EULA before the system is
> modified, so there is user consent.

Arguably, no.  Is it informed consent?  The statement in the EULA

        This audio compact disc utilizes MediaMax technology by
        SunnComm to deliver enhanced features to your computer.
        In order to properly utilize this CD on your computer, it
        is necessary to install a small software program on your
        computer hard drive.

is misleading to such a degree that it may be deemed fraudulent.
The intent and purpose of is copy protection, and so this is
fraud by exceeding the scope of consent.

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