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."
67%? (Score:4, Insightful)
67%? or Perhaps 66.666666667?
I'm still thinking that 33% of respondants lied if they say they always completely read the EULA.
Typo in the summary..... (Score:5, Insightful)
An informal Clearware.org poll indicates that 67% of the 66 respondants never or rarely comply to end-user license agreements (EULAs).
Sample of 67? (Score:5, Insightful)
Based on my experience, I know of one other person who knows what an EULA is even though they never read them.
Guidlines might be good though. The downside is an EULA may become more enforceable.
I thought these were unenforceable (Score:5, Insightful)
IANAL (hate that acronym), but as I recently understood it, EULA's are in almost all regards unenforcable as they are contracts forged under duress. I pretty much have stopped reading them.
Caps Lock (Score:2, Insightful)
And a little more white space didn't kill anyone (at least I'm fairely certain of it). In short, the EULA's I've seen, are designed to annoy the reader as much as possible.
Re:I thought these were unenforceable (Score:5, Insightful)
The real question about EULAs are whether they are preempted by the doctrine of first sale. Generally they are not so long as the packaging contains a notice that there is a contract either in the supplied documentation or digitally on the medium. Courts don't expect publisher to shrink long contracts that are of reasonable length for their purpose down to the size of a box, nor is it their responsibility to have a printed copy in the store, as the publisher does not control the store.
A system on the box akin nutritional facts is a fantastic idea- if it were done properly as a standard, it would clear up a lot of confusion regarding EULAs.
Move along (Score:5, Insightful)
From Clearware.org:
Number of Voters: 92
First Vote: Sunday, 02 April 2006 03:22
Last Vote: Monday, 17 April 2006 16:24
Move along... Nothing to see here... this has been going on for over two weeks and has only 92 votes. This sample is so unrepresentative it's not funny. When they have well over 10,000 votes and have done a statistical analysis based on age, gender, household income, etc., let me know.
Re:I thought these were unenforceable (Score:3, Insightful)
No, that's not what a contract of adhesion is. In fact, for most contracts of adhesion (insurance, etc.) there are many sources for the same product or service. What it really refers to is that there is such a difference in bargaining power between the two parties of a contract that one can basically just dictate long, complex, and inequitable terms.
Contracts of adhesion are not per se invalid, but courts will take the circumstances of the contract into account should a dispute arise.
Note that, in addition, EULAs often contain unenforceable terms (like restrictions on reverse engineering in jurisdictions where reverse engineering is explicitly permitted by law irrespective of contractual terms).
Why would any vendor do this voluntarily? (Score:5, Insightful)
A landlord has no interest in pointing out that the "standard lease form" he shoves at you is one of many, and that he picked the most one-sided one he could find. He is certainly not going to say "Actually clause 16 is against the law and unenforceable in this state, but I hope you don't know that because most of my tenants don't and its a minor but valued source of extra profit for me."
Car rental companies were required to print their agreements in a certain type size so that at least it was possible to read them... if you didn't mind holding up a line of people behind you... and they responded by printing them in larger type, but using a color scheme of dark grey on white grey.
Food companies don't list their ingredients on the label because they like the idea, but because they were dragged kicking and screaming by the Pure Food and Drug Act and its successors. And they constantly negotiate for weaselly exceptions. For example, ingredients must be listed in order of predominance, but they are allowed to say "beef and pork" as long as the food includes both beef and pork, even if there is more pork than beef...
In what way would a clear-language EULA serve the interest of the vendor?
If it did, in fact, serve the interest of the vendor better than the current murky EULAs, I suspect some vendors would be using them already. If, as I believe, it does not serve the interest of the vendor, then why on earth would they agree to use them unless required to by law?
There's just a problem... (Score:3, Insightful)
I wish there was a "BSA General End-User License Agreement" which contained all the usual legalese, and if software wouldn't use it they'd need to "explain" why they can't use it. Then you could get some proper legal analysis of it that would be reusable on all other software using the same license. When DRM comes to enforce all the currently unenforcable restrictions, I think we will need it. As it is, I click "I Agree" and ignore with impunity because I can and because spending $1000 to have a lawyer go through a 20-page license for a $50 product where there's no room for negotiation is ridiculous.
To me, if it acts like a sale I treat it mostly like a sale. Copyright, limitations on number of installs/users, private/commercial use, disclaimers and perhaps a few other things ok, the rest... fuck off. The toothbrush company don't get to tell me when, what, how or where to brush my teeth, what brands of toothpaste works or how to use it together with mouth water and dental floss. And I mean that even if they put "By opening this packaging, you agree to the terms and conditions. If not, you can return it for a refund" on it.
Kill All The Lawyers (Score:4, Insightful)
Blame the Lawyers (Score:4, Insightful)
Re:Move along (Score:3, Insightful)
EULAs are useless other then to get sued by them.. (Score:2, Insightful)
A new hobby for the bored (Score:5, Insightful)
1. Buy lots of software at your local big-name retail outlet.
2. In your excitement, rip open the boxes and get access to the EULA.
3. If the EULA is on the CD, open the CD case, load the CD and get to the EULA.
4. Disagree with it.
5. Return the software in opened packaging, for a full refund.
6. If your big-name retail outlet refuses then the software vendor *must* refund it,
7. No you will not pay for shipping. You will happily throw it all in the trash can if they refund the money.
8. If they don't want to refund, take them to small claims court.
9. Argue that the full EULA should have been visible on the outside of the packaging in reasonable size type.
10. If you are vision impaired, argue that the Braile EULA should be on the packaging too or that typeface should be large print.
Remeber to keep copies of your receipts and correspondences!
Re:I thought these were unenforceable (Score:4, Insightful)
EULAs are not binding legally, ethically, or practically.
TOSes are. A business reserves the right to refuse service to anyone. I cannot expect service from McDonalds when I'm sitting there for days on end with a toy gun in my hand threatening to kill anyone in the store.
If I don't agree with a EULA, I can and will still use the software. If I do not agree with a TOS and the service provider terminates my service, I'm SOL.
Software is software. Maintenance contracts, updates, customer support, are a service. If I don't meet the minimum for said service, I get no service. In fact, the company is entitled to go out of business and terminate such service if they feel like it.