Can a EULA ban fair use? Google v Oracle might have something to say about this.
It can say whatever it wants unless invalidated by a court or an existing law saying otherwise.
Yup, it's not a question of laws if there is no enforcement.
But until a government steps in there's potential civil liability for violating the terms. And even winning a lawsuit against Nvidia could be very expensive and take years. And even if they lost it would be worth it to Nvidia to go through the long, expensive process because they'd making sales that entire time.
Probably depends on your country's laws. Here in Estonia most EULAs aren't valid because pressing accept on those isn't legally binding.
What if we don't accept the EULA? Like why do we need to accept Nvidia's EULA to create translation layer of cuda?
You probably don't but it depends where you are. Reverse engineering software without permission isn't illegal in most places but in the US I'm pretty sure it is.
So its for reverse engineering it only? They can't restrict creating a translation layer if no reverse engineering is involved right?
No idea, I'm not from the US and don't know the laws beyond what I have previously looked up. Here in Estonia you can make the translation layer without accepting any EULA and even if you did it wouldn't be legally binding. You can alse reverse engineer anything you want.
Can a EULA ban fair use? Google v Oracle might have something to say about this.
It can say whatever it wants unless invalidated by a court or an existing law saying otherwise.
Yup, it's not a question of laws if there is no enforcement.
But until a government steps in there's potential civil liability for violating the terms. And even winning a lawsuit against Nvidia could be very expensive and take years. And even if they lost it would be worth it to Nvidia to go through the long, expensive process because they'd making sales that entire time.
Probably depends on your country's laws. Here in Estonia most EULAs aren't valid because pressing accept on those isn't legally binding.
What if we don't accept the EULA? Like why do we need to accept Nvidia's EULA to create translation layer of cuda?
You probably don't but it depends where you are. Reverse engineering software without permission isn't illegal in most places but in the US I'm pretty sure it is.
So its for reverse engineering it only? They can't restrict creating a translation layer if no reverse engineering is involved right?
No idea, I'm not from the US and don't know the laws beyond what I have previously looked up. Here in Estonia you can make the translation layer without accepting any EULA and even if you did it wouldn't be legally binding. You can alse reverse engineer anything you want.
Me neither is from us though
@FluffyPotato @zea_64 Nice haha.
EULAs should not exist.