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Making Sense of Software EULAs 277

Brian E. writes "An informal Clearware.org poll indicates that 67% of the 66 respondants never or rarely completely read end-user license agreements (EULAs). Clearware.org aims to make sense of software by proposing guidelines for vendors to characterize end-user license agreements. Defined characteristics include terms and conditions found in existing EULAs that impact control over the user's experience, privacy and system security. The guideline extends on the idea of Creative Commons' commons deed and RDF/XML metadata formats. This simplifies EULA terms in a consumer friendly way similar to care labels on clothing, nutrition facts on food and warnings on hazardous materials."
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Making Sense of Software EULAs

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  • by Anonymous Coward on Monday April 17, 2006 @12:11PM (#15142700)
    Troll TROLLING PUBLIC LICENSE Version 2, June 1991
    Copyright (C) 1989, 1991 Free Troll's Foundation, Inc.
    59 Temple Place - Suite 330, Boston, MA 02111-1307, USA

    Everyone is permitted to copy and distribute verbatim copies
    of this license document, but changing it is not allowed.

    Preamble
    The licenses for most Troll's are designed to take away your freedom to share and change it. By contrast, the Troll Trolling Public License is intended to guarantee your freedom to share and change free Troll's--to make sure the Troll's is free for all its users. This Trolling Public License applies to most of the Slashdot Troll's Troll's and to any other troll whose authors commit to using it. (Some other Free Troll's Foundation Troll's is covered by the Troll Library Trolling Public License instead.) You can apply it to your trolls, too.
    When we speak of free Troll's, we are referring to freedom, not price. Our Trolling Public Licenses are designed to make sure that you have the freedom to distribute copies of free Troll's (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the Troll's or use pieces of it in new free trolls; and that you know you can do these things.
    To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the Troll's, or if you modify it.
    For example, if you distribute copies of such a troll, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.
    We protect your rights with two steps: (1) copyright the Troll's, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the Troll's.
    Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free Troll's. If the Troll's is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.
    Finally, any free troll is threatened constantly by Troll's patents. We wish to avoid the danger that redistributors of a free troll will individually obtain patent licenses, in effect making the troll proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.
    The precise terms and conditions for copying, distribution and modification follow.
    TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
    0. This License applies to any troll or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this Trolling Public License. The "Troll", below, refers to any such troll or work, and a "work based on the Troll" means either the Troll or any derivative work under copyright law: that is to say, a work containing the Troll or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".
    Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Troll is not restricted, and the output from the Troll is covered only if its contents constitute a work based on the Troll (independent of having been made by running the Troll). Whether that is true depends on what the Troll does.
    1. You may copy and distribute verbatim copies of the Troll's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep
  • Yes (Score:5, Funny)

    by dotpavan ( 829804 ) on Monday April 17, 2006 @12:17PM (#15142739) Homepage
    I'm still thinking that 33% of respondants lied if they say they always completely read the EULA.

    Yes, you are right, they answered it that way because they hadnt read the question completely. :)

  • Two words: (Score:4, Funny)

    by mustafap ( 452510 ) on Monday April 17, 2006 @12:22PM (#15142768) Homepage
    I agree
  • by Gunfighter ( 1944 ) on Monday April 17, 2006 @12:23PM (#15142774)
    I can see them now, nice and bulleted for the undereducated, illiterate masses the US public education system is spewing forth:

    • Don't steal this software
    • We're not liable for any bad stuff caused by this software
    • We don't guarantee this software will do what we actually say it will do
    • Install this software, and it means you let us control your computer
    • Install this software, and you give up all your privacy rights
    • Assimilate to the borg controlling this software
    • Install this software, and you agree to cut down the mightest tree in the forest
    • (with a herring)
    • etc. etc.
  • The Rules (Score:5, Funny)

    by ZachPruckowski ( 918562 ) <zachary.pruckowski@gmail.com> on Monday April 17, 2006 @12:27PM (#15142800)
    The first rule of the EULA is "We do not talk about the EULA"
    The second rule of the EULA is "WE DO NOT TALK ABOUT THE EULA"
    The third rule of the EULA is "You may not read the EULA"
    The fourth and final rule of the EULA is "No matter what, everyone signs"
  • why not... (Score:3, Funny)

    by penguin-collective ( 932038 ) on Monday April 17, 2006 @12:29PM (#15142819)
    just adopt the HAZMAT signage directly for software? I mean, it seems to cover pretty much the same ground.
  • by ettlz ( 639203 ) on Monday April 17, 2006 @12:32PM (#15142840) Journal
    Eula (oi-LAH) n. Stage name for a Swiss mathematician turned gangsta rap artist.
  • by voice_of_all_reason ( 926702 ) on Monday April 17, 2006 @12:44PM (#15142923)
    All EULA's have some sort of sentence near the top reading similar to: "By purchasing this product, you agree to..."

    There's your loophole right there. The rest of you aren't actually paying for any of this crap, are you?
  • by pulse2600 ( 625694 ) on Monday April 17, 2006 @12:49PM (#15142964)
    similar to care labels on clothing, nutrition facts on food and warnings on hazardous materials."


    This is EXACTLY what we need...I envision a big label across the Windows Vista CD: "SURGEON GENERAL'S WARNING: VISTA MAY CAUSE LUNG CANCER, EMPHYSEMA, AND BIRTH DEFECTS."
  • by igny ( 716218 ) on Monday April 17, 2006 @01:32PM (#15143270) Homepage Journal
    According to Clearware, it should be 67% Funny, 33% Troll.
  • by jtownatpunk.net ( 245670 ) on Monday April 17, 2006 @01:37PM (#15143300)
    First day on the job, I was getting settled into my new office and checking out my computers. The Mac needed updates so I started the process. The EULAs came up and I was skimming the first few lines while I talked to my boss. The word "death" caught my eye so I started reading that one aloud. It said something like "use of this software may cause death". He didn't believe me until he saw it for himself.

    What could I do? I need to keep my systems up to date. So now Apple's in the clear if I die as a result of using their software.
  • by gardyloo ( 512791 ) on Monday April 17, 2006 @02:04PM (#15143477)
    It's that 33% who *do* comply with the EULAs without ever having read them who scare me.
  • by 'nother poster ( 700681 ) on Monday April 17, 2006 @03:12PM (#15143962)
    I've always wanted to send a letter to my congress critters that says "By opening this, or having someone who works for you open this, you agree to accept my dictates as to how you will vote on the Bills before Congress." I have a feeling that my congressmen wouldn't feel bound by this EULA.
  • by Antony T Curtis ( 89990 ) on Monday April 17, 2006 @05:53PM (#15144954) Homepage Journal
    If you don't like a company's EULA, don't buy from them!


    And just how do we get to read the EULA for a paticular company's product without purchasing it?
    I, for one, am not blessed with ability to read the EULA from the CD enclosed within a shrinkwrapped cardboard box... No matter how long I press the box against my forehead.

  • by geminidomino ( 614729 ) * on Monday April 17, 2006 @09:21PM (#15146117) Journal
    everybody who raises eula's (seriously), raise their hand ...

    Yeeup, Ah gots me some 40 acres, raisin' fine, quality free-range EULAs. None o' that there gamey Redmond stuff. Jus' high-quality legal bullshit from this here farm, boy.

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