Dennis Kennedy

David Berlind on ZDNet.com has an an article called "Why Windows Update desperately needs an update," a very good critique of the problematic workings of Windows Update.

Now that it has become vital to install Windows security patches, here's an interesting legal question: Because you can't download and install critical updates without "accepting" a clickthrough user agreement, is there any meaningful acceptance of the terms of that user agreement? Would or should a court find any of the terms of that user agreement enforceable, or, as a practical matter, does any updater have any meaningful choice in these contracts?