K5 is running an interesting story about MilkShape3D, a polygon modeling program that does a couple of potentially nasty things to one's computer, including shutting down any other running program that might be used to break its copy protection. The punch line? MilkShape3D doesn't have even a click-through license agreement. Nada. Zip.
I'm led to wonder whether the focus on licensing terms and the enforceability of shrinkwrap and click-through contracts is perhaps a distraction from the real issues at stake with software. When you buy a car, no matter what the contract says, you don't expect it to eat your bicycle. But as long as we live in a technological world where software can trample on other software with impunity, all sorts of unpleasant things can happen, contract or no contract.