Master End-User License Agreement

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In recent years, the “EULA” or “end-user license agreement” has come to be viewed by copyright owners as a license to abolish all limitations upon their copyrights. Because there is scarce legal precedent delineating the limits on what can be enforced in a EULA, this Blog is dedicated to establishing a “Master EULA”, or “MEULA”, to govern all EULAs.

The idea is to establish principled guidelines along the lines that courts themselves might draw if the cases were litigated, or the FTC itself might enforce if it took it upon itself to examine the consumer interests, or the Department of Justice Antitrust Division might establish, if it were setting forth a Handbook for determining when to prosecute copyright owners for attempting to leverage their copyrights into a restraint upon trade through a EULA.

I will release a Beta version of the MEULA for comment, with the expectation of refining it for formal release.

This Blog is a public service of John T. Mitchell, an attorney practicing in Washington, DC, U.S.A.

See Interaction Law.

I welcome comments, questions and suggestions con the MEULA project.


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