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If I have a EULA radio button on website to be clicked before downloading software, does it actually comply that user is really accepting it. It doesnt record anything in DB. it's just simple JavaScript preventing from SW download.
Where i am going with that is, if it is legal, would it not be simpler for me just to have a disclaimer stating "if you download my software, you agree with my EULA" type of thing.
It doesn’t mean they accepted the EULA. It means they eithe accepted the EULA, or are committing copyright infringement by using the software without consenting.
“If you download you consent” is definitely not enough.
would it not be simpler for me just to have a disclaimer stating "if you download my software, you agree with my EULA" type of thing
It is marginally simpler from an implementation standpoint (keep in mind that adding a radio button is not a big deal) while still leaving the software producer/distributor vulnerable to claims. Of course, this is under the assumption that the matter is actionable at all.
Absent the radio button, the user could allege that he was unaware of the disclaimer, whereas requiring him to use the EULA radio button creates the condition or evidence that the user knew or should have known of the warning(s) made in the disclaimer.
