This is the “theory” by which publishers try to justify the validity of EULAs (they argue: “buying the thing isn’t enough; you need to agree to this to be able to actually use it”).
But, fun fact: copyright law has a specific carve-out for that incidental copy, 17 USC §117 (a) (1), which means EULAs offer no ‘consideration’ and are therefore bunk.
This is the “theory” by which publishers try to justify the validity of EULAs (they argue: “buying the thing isn’t enough; you need to agree to this to be able to actually use it”).
But, fun fact: copyright law has a specific carve-out for that incidental copy, 17 USC §117 (a) (1), which means EULAs offer no ‘consideration’ and are therefore bunk.