EULAs definitely apply in the EU. As do software patents. But as always, things are a bit more complicated than either you or pjmlp summarised. eg
- EULAs cannot deny permissions that are allowed under consumer rights.
- It's also worth adding that software licences behave slightly differently to EULAs in that software licenses are designed to provide additional rights above what copyright laws typically allow (this is particularly true in the case of open source licenses) where as EULAs are often (though not always) designed to place restrictions on top of existing consumer rights. Hence why they're often considered invalid.
- I'm not 100% on this specific point as it has been a few years ago since I've investigated it but there was once some contention about whether it's even legal to place a licence agreement to the user after said user has already purchased the product. However companies could still use an EULA to revoke support -- much like a company can revoke warranty if they suspect the device has been opened up (eg the tamper strips). The rules here might have been clarified in court since I've last investigated this point though.
- "The European Patent Convention states that software is not patentable. But laws are always interpreted by courts, and in this case interpretations of the law differ. So the European Patents Office (EPO) grants software patents by declaring them as "computer implemented inventions"." source: https://fsfe.org/activities/swpat/swpat.en.html
- Even the FSFE (Free Software Foundation Europe) quote above only tells half the story regarding Software Patents within the EU. There are some restrictions on what counts as a "computer implemented invention" plus also there are also national level patent offices that override the EPO at a local level. Wikipedia has some good summaries about this: https://en.wikipedia.org/wiki/Software_patents_under_the_Eur...
- EULAs cannot deny permissions that are allowed under consumer rights.
- It's also worth adding that software licences behave slightly differently to EULAs in that software licenses are designed to provide additional rights above what copyright laws typically allow (this is particularly true in the case of open source licenses) where as EULAs are often (though not always) designed to place restrictions on top of existing consumer rights. Hence why they're often considered invalid.
- I'm not 100% on this specific point as it has been a few years ago since I've investigated it but there was once some contention about whether it's even legal to place a licence agreement to the user after said user has already purchased the product. However companies could still use an EULA to revoke support -- much like a company can revoke warranty if they suspect the device has been opened up (eg the tamper strips). The rules here might have been clarified in court since I've last investigated this point though.
- "The European Patent Convention states that software is not patentable. But laws are always interpreted by courts, and in this case interpretations of the law differ. So the European Patents Office (EPO) grants software patents by declaring them as "computer implemented inventions"." source: https://fsfe.org/activities/swpat/swpat.en.html
- Even the FSFE (Free Software Foundation Europe) quote above only tells half the story regarding Software Patents within the EU. There are some restrictions on what counts as a "computer implemented invention" plus also there are also national level patent offices that override the EPO at a local level. Wikipedia has some good summaries about this: https://en.wikipedia.org/wiki/Software_patents_under_the_Eur...