New Legal Stratagem: Kitty Did It

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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New Legal Stratagem: Kitty Did It


Want to install some new software while avoiding the dicey legal entanglements of mile-long EULAs? Get someone else to do it for you. Your cat, perhaps.

We're all familiar with End User License Agreements [http://en.wikipedia.org/wiki/EULA], yet very few of us are aware of what's actually in them. They're a minor inconvenience, a wall-of-text speed bump on the road to getting our software installed, and yet for all we know we could be promising our firstborn to Peter Moore as we blindly click through them. And while the legal enforceability of these agreements has come into question recently, one woman has decided to sidestep the matter altogether by offloading responsibility for accepting these contracts to another member of the household - her cat.

Anne Loucks began the process of enlisting her cat's aid by creating a large, custom-built button (a piece of cardboard with "Kitty Agrees" written on it) for her feline assistant, named Simba, to press. She then placed it appropriately upon her laptop and after tabbing the focus to the proper onscreen button, attracted Simba to the keyboard with the promise of some lovin'. Voila - Kitty agrees!

How this kind of devious legal machination would hold up before a judge is questionable, of course, a fact Loucks acknowledges in The Agreeable Cat [http://www.ohesso.com/essays/essay006.htm]. "As he is not a legal entity, I don't really know how kitty's agreements would stand up in court, but I like to think he would be responsible for any breaches of contract, assuming the agreement is even enforceable," she wrote. "After all, he is not even of legal age, at least in human years."

And if you don't happen to have a cat around, she noted that other options are available. "This same strategy could be used with small dogs, children (preferably the neighbors') or even a carefully crafted button presser that moves up and down as the wind sways a tree outside your window," she continued. "Mother nature is responsible for the license agreement! I swear!"

via: Slashdot [http://hardware.slashdot.org/article.pl?sid=09/02/18/1817221&from=rss]


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MaxFan

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Nov 15, 2008
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I doubt most EULA's would hold up in court anyway, but it's a funny idea.
 

ElephantGuts

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Jul 9, 2008
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I've gotta give this person points for creativity, but this is just stupid. Just agree to the damn contract, and follow it or become a criminal. Don't try and offload responsibility to your damn cat. Besides, this doesn't say much for the person loving their cat if they're willing to trick it into taking responsibility for its owner's crimes.

And I've always wondered about those User Agreements. Nobody reads them before agreeing to them, so whoever wrote it really could get the person to agree to something they're not expecting. Like...charging money to their credit card? Maybe denying them access to the game after a few months? Could be anything, hell they agreed to it.
 

Anton P. Nym

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Sep 18, 2007
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Khell_Sennet said:
Anton P. Nym said:
Cute, but it'll never hold up in court.

-- Steve
Doesn't need to. There's a better alternative, and that's to be (or claim to have been) drunk when you click the "I Accept". Legally, an intoxicated person cannot enter into a contractual agreement. As you would have been drunk when agreeing to the EULA, you cannot be bound by it, as the contract is null and void. That it doesn't pop up asking you to agree each time you boot the game is their oversight.

Trust me, it's how it works. At least, in Cannuckistan.
The tricky part on that is to prove to the court that you were sufficiently inebriated when you hit the clicky without providing the plaintiff enough evidence that you planned to get inebriated before hitting the clicky... because deliberately getting smashed beforehand would prove that you intended to clicky even while sober.

-- Steve
 

Lord_Ascendant

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Jan 14, 2008
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heres an even better one. build some rube goldberg machine to drop a pencil on the button and power it with the sun. THE SUN DID IT I SWEAR!