the Bunop pencil

Is this agreement real?

No, but it could be. As written, the agreement is unenforceable because:

  • There is no such corporation as Bunop, especially not one chartered in New Jersey on Feb 23, 2000.
  • We (if we existed) would have a hard time proving that you sharpened the Bunop Pencil.
  • We (if we existed) would have a hard time proving that you used the Bunop Pencil to write any particular document.

However, you may have agreed to several similar agreements, without even really reading them. Every time you buy some software, every time you download an update to commercial software you agreed to something before you could install it. This is an EULA, or End-User License Agreement. Few of us even know what we have agreed to. Here are some examples, and they could be enforced against you or your corporation.

It is high time to standardize license agreements. License agreements are a sham: the legal system assumes informed consent to a complex legal document that not one person in 10 has read, and not one in 100 really understands. Building a legal system on fiction like this is bad policy and bad law. If we need license agreements, society can manage with a few standard agreements that we can learn once and use many times.

The GNU public license and the Creative Commons licenses are worth noting, but the world also needs one or two standard licenses for proprietary software. We recommend you look at the Electronic Frontier Foundation for a look at how such a license might affect your civil rights.

We also recommend a look at the proposed UCITA legislation. UCITA would enforce contracts such as Bunop's.