I can download a piece of software [...] without agreeing to any contract
Well, sure. And if someone wants to sell you a car but only if you sign a contract saying you’ll never drive it over 40mph or something, you can always steal it instead. (I am not suggesting that illegal software copying is the same as theft in any respect other than that both are illegal.) Why is this relevant?
adhesion contract
Yes, I agree, adhesion contracts are icky and often unreasonable and widely ignored. But it is still the case that with both software and airline tickets, the seller is offering you not a straightforward sale but a contract with all kinds of terms on it, and they are setting their price on the basis of offering you the one rather than the other.
Perhaps I’ve lost track of what your actual argument is here. I think what it boils down to is this: “Contracts of adhesion are nasty and unfair, and I therefore consider myself free to ignore them. The restrictions on how I can use an airline ticket or a piece of software are contained in contracts of adhesion. Therefore there’s no moral objection to my ignoring them.” Is that right?
(For my part, I dislike contracts of adhesion as much as anyone, but am unconvinced that their unpleasantness is much justification for ignoring their terms.)
Whether I feel free to ignore certain terms of adhesion contracts depends. There is no bright line and I tend to deal with these issues on a case-by-case basis.
Well, sure. And if someone wants to sell you a car but only if you sign a contract saying you’ll never drive it over 40mph or something, you can always steal it instead. (I am not suggesting that illegal software copying is the same as theft in any respect other than that both are illegal.) Why is this relevant?
Yes, I agree, adhesion contracts are icky and often unreasonable and widely ignored. But it is still the case that with both software and airline tickets, the seller is offering you not a straightforward sale but a contract with all kinds of terms on it, and they are setting their price on the basis of offering you the one rather than the other.
Perhaps I’ve lost track of what your actual argument is here. I think what it boils down to is this: “Contracts of adhesion are nasty and unfair, and I therefore consider myself free to ignore them. The restrictions on how I can use an airline ticket or a piece of software are contained in contracts of adhesion. Therefore there’s no moral objection to my ignoring them.” Is that right?
(For my part, I dislike contracts of adhesion as much as anyone, but am unconvinced that their unpleasantness is much justification for ignoring their terms.)
My actual argument is here :-)
Whether I feel free to ignore certain terms of adhesion contracts depends. There is no bright line and I tend to deal with these issues on a case-by-case basis.