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."
66 ? (Score:4, Interesting)
Re:I thought these were unenforceable (Score:5, Interesting)
I find that doing something like:
echo "You may use this software as per your local Copyright law" >EULA.txt
works wonders for me.
I have no problem clicking "I Agree" after reading that.
Re:Move along (Score:2, Interesting)
Given that the domain has only been registered a month (give or take a day) that's to be expected; but yes I agree. Move along, nothing to see.
What there is to see--is another "org" formed to support the obvious. Come on folks? 2/3rds of people don't completely read long, confusing and officious legal documents? Perish the thought. Somebody has a great perception for the obvious.
Re:I thought these were unenforceable (Score:4, Interesting)
Here here. I saw this on slashdot some time ago... but has anyone tried paying for software in cash wrapped in a EULA that might, for example, nullify any EULA contained within the software box? I know your average store clerk couldn't care less... but it would be satisfying just the same. If witnessed, could such an act carry any weight in court in the event of a suit by the software publisher against you for violating the EULA? It certainly couldn't carry any less weight than the EULA?
I hate EULAs that look like a retail sale, and I hate non-CDs sold as if they were CDs. What happened to integrity?
The problem is not the langauge, it's the content. (Score:5, Interesting)
And if you did agree to that with your boss'es money, would you expect to keep your job?
Anyone who agrees on behalf of a corporation to a typical commerical EULA is guilty of serious crimes, especially criminal negligence.
Andy Out!
Re:Caps Lock (Score:2, Interesting)
It'd be different if a few more companies actually wrote terse licenses, or at least providing a means to print the EULA before agreement. Not that printing is a perfect solution, but at least it gives some way to read the license.
Frankly, I think most of the software companies have shot themselves in the foot, at least with regards to criminal cases : very few juries would believe that the software publisher hadn't deliberately made it difficult, and unlikely, for a potential user to read the license before agreeing.
Are "licenses" subject to sales tax? (Score:5, Interesting)
I'm probably completely of the mark...but if I were right, what fun it would be to challenge the right of states to collect sales tax on software because of the EULA! I bet courts would start ruling EULAs invalid right and left...
Re:I thought these were unenforceable (Score:3, Interesting)
There is nothing binding in a EULA. They are basically something that lawyers have invented to give themselves some extra cash.
EULAs are given to minors just the same as adults, and minors are not eligible to sign a contract. They merely have to click on the "Accept" button to install the software just like the rest of us. Many adults will not sign a contract without consulting their lawyer first, but most of those people will click the Accept button because that is required to install the software.
EULAs are not given before the contract of sale. Most of the time they are hidden until after the sale, and even some of the more respectable software companies are likely to change the EULA at any given time. Its very, very difficult to find a software reseller that will refund your money if you do not agree with the EULA after the purchase. If the users, resellers, and company who supplied the EULA do not honor it, why does it matter at all?
Most all software comes with no warrantee. A EULA might have some merit if the software came with a warrantee and the EULA stated things like, "Warrantee is invalid and void if user uses this software for illegal activity according to the user's local, state, and federal governments". Something like that might make sense.
Re:Are "licenses" subject to sales tax? (Score:2, Interesting)
Re:There's just a problem... (Score:2, Interesting)
Actually, I was pleased to read a couple years back about People of the State of New York v. Network Associates [findlaw.com], where some of the language involved was considered deceptive, and the judge agreed. The Attorney General was asking for a fine of $0.50 per software copy sold with the language involved, which could be a major deterrant to putting unenforcable conditions into an EULA, but I can't find any reference to fines actually being assessed or the result of the appeal that Network Associates vowed to file, so I don't know if it actually amounted to anything. The potential is apparently there to have unenforcable portions of an EULA turn into a fine for deceptive trade practices, though.
EULAlyzer (Score:3, Interesting)