Man Sues Gateway Because He Can't Read EULA

Scoopy writes "California resident Dennis Sheehan took Gateway to small claims court after he reportedly received a defective computer and little technical support from the PC manufacturer. Gateway responded with their own lawyer and a 2-inch thick stack of legal docs, and claimed that Sheehan violated the EULA, which requires that users give up their right to sue and settle these cases in private arbitration. Sheehan responded that he never read the EULA, which pops up when the user first starts the computer, because the graphics were scrambled — precisely the problem he had complained to tech support in the first place. A judge sided with Sheehan on May 24 and the case will proceed to small claims court. A lawyer is quoted as saying that Sheehan, a high school dropout who is arguing his own case, is in for a world of hurt: 'This poor guy now faces daunting reality of having to litigate this on appeal against Gateway...By winning, he's lost.'"

Poor guy

[Soch]

However good this guy may be, he's gonna have a hard time handling this without a computer!

Sorry but...

[Trojan35]

poor guy?

Poor guy? Yes, create more pity for him. After all, you sold him a defective computer, then refused to fix it. Then let the situation make it all the way to small claims court. You've got him right you want him.

Re:EULAs are not meant to be read

[MyLongNickName]

Absolutely. I am almost done reading an EULA on my other PC. When I am done, I look forward to finishing building my Win 95 system, working off of 3.1 sucks!

Re:EULAs are not meant to be read

[Anonymous Coward]

My grandfather did. He printed every single one of them out. Read them, and put them in a binder. He's dead now. I think the EULA's killed him.

Re:When you buy a new PC...

[Jon Luckey]

... that have the EULA in print?

Actually, thanks to this guy, every Gateway purchaser will have to listen to a .WAV of the EULA played through the speakers (including the motherboard P.O.S.T speaker) as well as read it on the screen.

Re:Small Claims

[Chuckstar]

Although maybe a judge would use slightly different wording. ;)

Ouch

[Anonymous Coward]

Gateway is pretty voracious in a legal setting. Having sued everyone out of existence that used the word 'Gateway' or the 'Cow spot design'; I suspect this guy is in deep shit. Yes; Gateway sued dairy companies because people apparently associate cows with computers, not dairy products, and they wanted to keep it that way. I'm posting this anonymously so gateway doesn't sue me or try to take away my plush cow slippers.

Re:Perhaps you can sue for that?

[Profane MuthaFucka]

That would risk a counter suit for misusing the EULA. The EULA is a license, not a means of suicide.

Re:"By winning, he's lost."

[Anonymous Coward]

You guys must sell a whole lot of weed.

Don't Do It!

[Robber Baron]

Absolutely. I am almost done reading an EULA on my other PC. When I am done, I look forward to finishing building my Win 95 system, working off of 3.1 sucks!

Don't do it! 3.1 is way better than 95!

Re:dubious, even if it "worked"

[Anonymous Coward]

You can't sign a contract that violates the law any more than you can sell yourself into slavery.

Whaaa??? I am gonna so kick Master's ass when he gets home!

Re:"By winning, he's lost."

[Anonymous Coward]

I dropped out of high school and started working at 15, as a Lotus Notes developer

Why am I not surprised at all by this statement.

Re:Beyond rediculous

[EvanED]

This is America. We've been surrendering our rights for the past 50 years with a dumb smile on our faces.

I'm sorry, I believe you misspelled "about 225".

Re:"By winning, he's lost."

[MyLongNickName]

Myself, I dropped out of high school and started working at 15, as a Lotus Notes developer

Wow. You should make a PSA [themoreyouknow.com]. If that doesn't scare kids into staying in school, I don't know what will.

Re:Small Claims

[Jah-Wren Ryel]

The bad news is that nobody can tell you whether a given EULA will be enforced, given all the things on which their enforceability depends.

No ways! That's GREAT NEWS ... for lawyers!

Re:"By winning, he's lost."

[myyrk]

He did it was a joint venture.

Re:dubious, even if it "worked"

[Hal_Porter]

A lot of posts here are easier to read if you mentally replace IANAL with EOF, i.e. stop reading at that point.

Re:"Shut and dry"?

[Anonymous Coward]

This mix-and-match shit has got to go.

Re:2 words - statutory rights.

[ancient_kings]

So true. I was just about to purchase several hundred Gateway PCs. Now I'm reconsidering it....

Re:dubious, even if it "worked"

[Anonymous Coward]

Ha!, I'm going to kick my wife too...

Re:"By winning, he's lost."

[tautog]

You must be new around here.

Re:"By winning, he's lost."

[Nick Number]

Heck, try getting one when you can't even spell diploma.

Re:dubious, even if it "worked"

[complete loony]

A lot of posts here are easier to read if you mentally replace

Replace what?

Re:When you buy a new PC...

[legojenn]

I agree with you.

Yeah, but you didn't click the 'I agree' button.

Re:"By winning, he's lost."

[kkwst2]

Another satisfied customer.

Re:dubious, even if it "worked"

[tehcyder]

You are also able to leave the armed forces. These days it's as easy as planting evidence that you're homosexual

Why not just say "I'm homosexual" rather than going around leaving tantalising clues such as a box of Judy Garland CD's or a copy of "Macworld" on your bunk?