"LW: Let's say that I, as a hot-headed journalist, wanted to see
the Texas Legislature enact new legislation that would make EULAs
subordinate to the constitution and not the other way around. Where
customers could not be assumed guilty and have to prove their
innocence, but rather enjoy the normal way of things under the law.
How could I motivate you and other lobbyists to encourage such a
"Perens: You know, that is an interesting question. We have
jackbooted federal marshals accompanying the BSA into your company
to audit them. But first of all, contracts are still governed by
state and federal law, and there is still an assumption of
innocence until proven guilty.
"What is happening is that through various legal 'gotcha's' that
are incorporated in the EULA, or in things that are deceptively
sent to companies, they are getting a company to waive a legal
right: the right to privacy..."