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EULAs More Difficult to Read than Tax Forms

krugdm writes: "Mark Hochhauser has an article over at CNet where he talks about the readability of the legalese used in EULAs and what motivates people to just 'Click to Accept' without reading a word of the agreement. He actually did a readability study where he determined that most EULAs are more difficult to read than a 1040."

260 comments

  1. They may be... by bl1st3r · · Score: 0, Redundant

    but noone reads them anyway, so who really cares?

    --
    hrrm.
    1. Re:They may be... by Oliver+Wendell+Jones · · Score: 4, Insightful

      Funny you would mention this. I brought this issue to the attention of our legal dept and some of our core IT people who contacted Microsoft, and here's the response we got from the evil empire...

      "Yes- Windows XP EULA does not prohibit end users from using third-party remote access applications. We are working on evaluating the Product Use rights to determine if further clarification on this issue is necessary on this issue. Our goal is to enable a customer to conduct a single interactive user session at a time from a remote device, whether the customer chooses to use the Microsoft Remote Desktop, Remote Access and NetMeeting technologies or third party remote access software."

      --
      A computer once beat me at chess, but it was no match for me at kick boxing -- Emo Phillips
    2. Re:They may be... by NanoGator · · Score: 3, Interesting

      So they really only want one session at a time? I'm not saying I support this, but it makes more sense than 'MS hates VNC'.

      I think what they're trying to do is get people to either buy the 25-license version of Windows XP, or have everybody run XP so they can talk to each other.

      --
      "Derp de derp."
  2. 1040 by miracle69 · · Score: 3, Funny

    Isn't the new wording on the 1040 as follows?

    1: How much did you make last year? _____

    Instructions: Send amount listed on line 1 to IRS.

    --
    Linux - Because Mommy taught me to Share.
    1. Re:1040 by Cenam · · Score: 0

      Instructions: Send amount listed on line 1 to IRS.
      wow..you meen they still use gotos;)

      --

      The Truth: There is no string:)
    2. Re:1040 by Sanity · · Score: 2
      How about:
      1: Are you a large corporation? ____
      If no:
      Please send all your earnings to IRS
      If yes:
      Gosh, sorry sir, didn't mean to disturb you,
      please carry on as you were
    3. Re:1040 by quinto2000 · · Score: 1
      That's the Paul O'Neil version.

      Gotta love ALCOA CEO turned Secretary of the Treasury.

      --
      Ceci n'est pas un post
  3. ::blink:: by AstynaxX · · Score: 4, Insightful

    OK, this is going to be said a -lot-, but hasn't this topic popped up before around here? [On another note, does it -really- surprise anyone? After all, there is -far- less motivation for the average software company to make EULAs readable than there is for the IRS to make its tax forms readable]

    --
    -={(Astynax)}=-
    "Darkness beyond Twilight"
    1. Re:::blink:: by Mr_Perl · · Score: 2

      Yea, I'm positive that this has been posted before. Can't find it in the archives though.

      --

      My poetry site welcomes the unusual.
    2. Re:::blink:: by John+Hasler · · Score: 5, Insightful

      "After all, there is -far- less motivation for the average software company to make EULAs readable than there is for the IRS to make its tax forms readable."

      Not true. Incomprehensibility of the forms is no excuse for not paying your taxes, but incomprehensible contracts are in severe danger of being ruled unenforceable.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    3. Re:::blink:: by Anonymous Coward · · Score: 0

      Can't find it in the archives though.

      That's probably because /.'s search functionality SUCKS MY ASS.

    4. Re:::blink:: by Anonymous Coward · · Score: 0

      You're right. Did you notice that the "Programming is a Dead End Job" article linked to stories from 2000.

      Did the /. editors accidently post an archive as new stories or something?

    5. Re:::blink:: by AstynaxX · · Score: 3, Interesting

      True, but you miss the issue. The IRS makes more money if most folks understand their forms. Then, those poor saps who didn't have no one to support them when they get reamed. [See the not too far past 'tax law reforms' that led to the 'kinder, gentler' IRS for what occurs when just about -everyone- says they can't fathom the forms]

      Software houses, however, -want- people to glaze over and just click yes, because then they can screw them badly [as long as their lawyers are decent, they can defend the 'comprehensibility' aspect far more easily than a user can defend not bothering to even try]

      --
      -={(Astynax)}=-
      "Darkness beyond Twilight"
    6. Re:::blink:: by Anonymous Coward · · Score: 0

      Thank you for sharing your insight with the rest of us.

      Fucking idiot.

    7. Re:::blink:: by ShadeEagle · · Score: 2, Interesting

      The older post links to a different article.

      Same general idea, though.

      http://slashdot.org/article.pl?sid=02/04/18/1249 20 7&mode=nested

    8. Re:::blink:: by markmoss · · Score: 2

      [as long as their lawyers are decent, they can defend the 'comprehensibility' aspect far more easily than a user can defend not bothering to even try]

      I wonder about that. Actual court decisions on EULA's have been pretty rare so far, and far from one-sided except when the infringer was pretty clearly infringing more than just the EULA.

      The real question is, what does it take to get your defense against a claimed EULA infringement (breach of contract would be the actual allegation, I suppose) in front of a jury. Once the jury gets the idea that the software vendor used 3,000 words to say that you don't actually own the software you paid for, I don't have much doubt as to the verdict.

    9. Re:::blink:: by 56ker · · Score: 2

      There was that court case against (Symantec?) where the State of New York ruled that they couldn't use the EULA to make sure they got good reviews - and they had to pay a fine for each illegal EULA they had.

    10. Re:::blink:: by cyberformer · · Score: 2
      The IRS isn't necessarilly run entirely to bring in money for the government. It's also there to benefit lawyers (as are a lot of laws) and acoountants. They actively lobby to make these things more complicated, so that people will have to pay them rather than do it themselves.


      Even the software industry is now getting in the act. Quicken, for example, argues that simplifying the tax code will be an unfair attack on its business of selling programs that calculate your tax for you.

    11. Re:::blink:: by seann · · Score: 1

      are there GNU versions of tax software for lots of countrys that you know about?

      if so, they are pertruding on Quicken's buisness.

      --
      I'm a big retard who forgot to log out of Slashdot on Mike's computer! LOOK AT ME.
    12. Re:::blink:: by Dyolf+Knip · · Score: 2
      I'll get together with one of my friends. I will write a nice little program that prints out "Hello World" in 20 different languages. Very nifty, no? Now, I will sell it to my friend for $1 and have him click 'Yes' on the EULA I provide. Said EULA says that the person who agrees to it must hand over all their personal posessions to me. He, obviously, refuses. Then we go to court and after he wins, we set some small precedence that EULAs aren't worth the phosphors they're displayed on. After that, we do it all over again with a EULA that, while still over the top, is not quite as extreme. Rinse, lather, repeat. Eventually we'll start getting to EULAs that resemble the ones actually in use today but it'll be only slightly different from the previous case and there'll be this huge log of cases ruling in the user's favor.

      It goes without saying that in this scenario, my friend and I can afford lots of lawyer time and have nothing better to do.

      --
      Dyolf Knip
    13. Re:::blink:: by Anonymous Coward · · Score: 1, Funny

      > Even the software industry is now getting in the act. Quicken, for example, argues that simplifying the tax code will be an unfair attack on its business of selling programs that calculate your tax for you.

      Forgot to include the smiley on that spurious post of yours..

    14. Re:::blink:: by trixillion · · Score: 1

      The IRS makes more money if most folks understand their forms.

      I'm not so sure about that, as I understand it, the average tax payer could take out about 1k more in deductions each year than they do, b/c the simplified form doesn't explain all the deductions. Of course, to get most deductions you have to fill out other complex forms and read 100's of pages of tax documents (or hire an accountant.) Hence, the IRS gets more money each year by making things complicated.

    15. Re:::blink:: by John+Hasler · · Score: 2

      "They actively lobby to make these things more complicated, so that people will have to pay them rather than do it themselves."

      It's Congress that creates the insanely complex tax code. Considering what they have to work with the IRS does a remarkably good job of making the forms and instructions comprehensible.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    16. Re:::blink:: by John+Hasler · · Score: 2

      "The IRS makes more money if most folks understand their forms."

      Nope. The IRS gets as much money as Congress appropriates for it, regardless of how much it collects in taxes. Voters who can't figure out the forms complain to their congressmen, who threaten cut the agency's budget.

      "Software houses, however, -want- people to glaze over and just click yes, because then they can screw them badly [as long as their lawyers are decent, they can defend the 'comprehensibility' aspect far more easily than a user can defend not bothering to even try."

      I think they just haven't given it any thought, since there is very little case law in the area as yet. Someday one of them is going to lose a big class-action suit, and then they will all scramble.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    17. Re:::blink:: by Fulcrum+of+Evil · · Score: 2

      It's Congress that creates the insanely complex tax code.

      And most congresscritters are lawyers. Your point?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    18. Re:::blink:: by Anonymous Coward · · Score: 0

      No fair, you rich boy yuppie.

    19. Re:::blink:: by plague3106 · · Score: 1

      Or spend 20 and get turbo tax, and answer its simple questions.

    20. Re:::blink:: by Anonymous Coward · · Score: 0
      are there GNU versions of tax software for lots of countrys that you know about?

      Are you serious? Look at the quicken or turbotax box. It clearly states if they screw up the math, they'll pay any fines. They also have more than a few accountants and lawyers on their payrolls to make sure they do produce good numbers.

      Would you be willing to trust tax software that expressly disclaimed any liability? Where no one was accountable? Where anyone could have contributed to the code? Let's face it, for open source projects (free software), there is no QA testing done inhouse (it's done in the field). That's not a valid model for tax prep software, where a user will use it once.

    21. Re:::blink:: by Anonymous Coward · · Score: 0

      The point is, democracy doesn't work.

      Congress didn't sit around and say, "Hey, let's create a complex and arcane tax code that no one can understand. That will get us reelected for sure!".

      The complexity, the loopholes, the oddball writeoffs all exist because every segment of the population has demanded changes to the tax code to benefit themselves, and Congress has provided. The result? most people pay the same taxes they would have before, but everyone gets saddled with more paperwork.

      And, for the record, the US is a democratic republic. The expanse of federal, state, and local gov't in the last century is mind boggling.

  4. Old Link by skantman · · Score: 1

    This same article was linked to from an article about KaZaa a week or two ago.

    --
    -- skantman
  5. Good for IRS or bad for software cos? by jgrr · · Score: 1

    The 1040 is not as bad as I think it once was, so maybe this just means that the IRS has done a good job, not that EULAs are that bad. Speaking for myself, I've never felt like they were totally unreadable, and I usually do read them before clicking.

    BTW, IANAL.

    1. Re:Good for IRS or bad for software cos? by Anonymous Coward · · Score: 0

      I have no problem with the Form 1040---of course, I also prepare taxes part-time for some extra $$.I do have a problem w/EULA's--besides the "duress" aspect(agree or else you don't get this product), of course the EULA is gonna be as difficult as possible to read, since that's the only way they can sneak all sorts of questionably legal stuff into it

    2. Re:Good for IRS or bad for software cos? by Tackhead · · Score: 2
      > The 1040 is not as bad as I think it once was, so maybe this just means that the IRS has done a good job, not that EULAs are that bad.

      All it means that the 1040 is still two pages long.

      Of course, every line on the 1040 requires either a 10-line worksheet that's buried in the 200-page tax guide, or the filling out of another two-page form with its own lines, each of those which require worksheets, etc. etc. etc.

      The 1040's easy. A 20-page 1040 would also be easy. The current mess - a 2-page 1040, and pages of extra work to figure out which subset of 2-page forms apply to your particular situation - is what makes the people of this country spend 10% of their tax burden on CPAs.

      Just think, Washington could abolish the Internal Revenue Code, create something new and simple, jack up taxes by 5%, and the people would still have 5% more money in their pockets.

      (The legions of tax lawyers and accountants would all be out of work however. Since Congress is run by lawyers... gee, what a surprise...)

  6. Oh, like... by Britissippi · · Score: 1

    Uninstalling Ad-aware? There is the theory of the mobius.....

    --
    Meow meow meow meow, meow meow meow meow...
  7. There is nothing new there... by tempestdata · · Score: 2, Interesting
    Most people already know (atleast I do) that the EULAs are unreadable essays of legaleese BS. I've never yet finished reading an entire EULA.


    What they want you to know, they flood you with thought, TV ads, radio ads, banner ads, and big popup windows... what the DONT want you to know they hide inside the shell of legal Jargon that makes up the License Agreement.

    --
    - Tempestdata
    1. Re:There is nothing new there... by tchuladdiass · · Score: 5, Funny
      Actually, I've got a solution for EULAs. I go ahead and click Accept, then I fire off an email to the support line along the lines of "By receiving this email, you accept my modifications to your EULA as follows...", and follow it with my own terms. I follow it up with "By not re-writing your EULA, you affirm that the above exceptions are valid".

      Should be about as valid as their license...

    2. Re:There is nothing new there... by Anonymous Coward · · Score: 0

      Not a chance, enforceablitlity of contract law is greatly enhanced when a trade of some sort occurs. Also contracts can't execute by default, they have to require action by the contracted party. IANAL IAAAC

    3. Re:There is nothing new there... by Anonymous Coward · · Score: 0
      ... enforceablitlity of contract law is greatly enhanced when a trade of some sort occurs. Also contracts can't execute by default, they have to require action by the contracted party.

      Yep, mostly true (I'm not a lawyer either). So, how does the click-through work? ``In exchange for value received, I agree to ...'' I've bought the program; what additional value can they give me? It seems that by the time we reach the click-through, there isn't any exchange left.

      The post you replied to was talking about amending the click-through EULA by email, with a default of, roughly, ``By not replying, you accept these changes to the terms of the click-through EULA.''. I really can't see that the two are on a different footing. Unless you take some unusual action when confronted by the click-through (i.e., clicking don't accept and trying to return the software), you are considered to have accepted the EULA. Unless the software company takes some action in response to the email, they are considered to have accepted the changes to the agreement, if this were to stand.

      Ironically, if this caught on, it would probably do more to strengthen EULAs than hurt them. If one party to an agreement is in a position of strength (that is, can say ``take it or leave it'', and the other doesn't have the option of leaving it), the courts will generally be quite generous to the little guy when interpreting terms which unreasonably favor the big guy (don't have examples; my contract law class was long, long ago. If you are a lawyer, dear reader, please illuminiate my memory). This would put the buyer on an equal footing with the manufacturer, and thus remove a possible refuge.

    4. Re:There is nothing new there... by Cardhore · · Score: 2

      ROFL

    5. Re:There is nothing new there... by lamont116 · · Score: 1

      The Seventh Circuit basically said that if you click through the license and try out the software, you have accepted the terms, in ProCD v. Zeidenberg, 86 F.3d 1447 (7th Cir. 1996). In other words, if the contract contains terms you don't want to agree to, stop at that point and return the software for a refund. Of course, this assumes that consumers actually read the license, so it's probably naive.

    6. Re:There is nothing new there... by Anonymous Coward · · Score: 0

      Many places don't accept returned, software after it's been opened. In such case, have you accepted the EULA by opening the package?

    7. Re:There is nothing new there... by lamont116 · · Score: 1

      Probably not, since you can testify that you clicked "no" and didn't install it. Of course, that opens the can of worms of discovery - the manufacturer will want your hard drive to determine that you are actually telling the truth, and blah blah blah. I haven't actually been counsel on such a case, but if I represented the big software company (which I probably never will), every HD you own would be mine for enough time to dredge it for clues as to whether you ever clicked the "yes" button. If you didn't, under the 7th Circuit's reasoning, you didn't accept the contract.

    8. Re:There is nothing new there... by Aus-Rust · · Score: 2, Interesting

      IANAL but i wonder about this
      if you buy a piece of software
      there is no contract except the normal agreement of sale
      there is no rider to the contract of sale to say that you cannot use this piece of software until you have agreed to further ( unspecified ) terms
      so then you open the package rendering the software unreturnable ( part of the contract of sale )
      you are then presented with a further contract saying " we have your money now but will now limit the way you can use what you have bought or even not allow you to use it in the manner in which you thought you could -
      agree to this or we will prevent you from using that which you have paid for "
      okay i know someone will say but you buy a car and then are not allowed to drive it as you would necessarily like to ( e.g. , 100mph ) but these are rules of which you were aware before you bought the car
      i guess what i am saying is that for my understanding the EULA would have to be incorporated into the contract of sale for it to be enforceable
      but then again i could be totally wrong !

      --
      one day I'll have a .sig all of my own
    9. Re:There is nothing new there... by csmiller · · Score: 1

      I have seen Propriety software that has the CDs sealed, and with a prominent notice on the outside of the CD case reading 'By unsealing this CD case, you accept the EULA listed here (or in the manual)'.
      I don't know what the legal situation is, but at least it warns you about the EULA before you install it.

      --
      It has become appallingly obvious that our technology has exceeded our humanity. --- Albert Einstein
    10. Re:There is nothing new there... by Vladimir+Pizdenko · · Score: 1

      Hehe, that is good one! :-) I don't have problem with licences becouse I don't understand it. And my friend layer said me that if you doesn't understand the contracting they cant do you anything. Is this true? If some time some body will want from me to do some thing from his licence I will tell he that I click what ever make my program working and I don't understand his layer text. Is this legal what I speak? Is this any layer here to tell me? THANKS!

      --
      - Vlad.
    11. Re:There is nothing new there... by Guido69 · · Score: 1

      It's legal in some states. Ever heard of UTICA?

      --
      - If we aren't supposed to eat animals, then why are they made out of meat? - Steven Wright
    12. Re:There is nothing new there... by Xaoswolf · · Score: 2, Funny
      I saw one that said "By breaking this seal, your are accepting the liscense inclosed in this package" So you had to cut the sticker and accept the agreement that you couldn't read, because it was inside the package.

      I kept the seal intact and cut the side of the box, I wonder if that keeps me safe?

    13. Re:There is nothing new there... by Anonymous Coward · · Score: 0

      Hmm. I wonder why Mensa rejected you.

      Maybe because if you read the standard EULA, you'll notice that it clearly states the terms can't be modified without the signature of their entire legal staff, CEO, CFO, CIO, CLO, EIO, and sock puppet mascot.

      Maybe because not responding to a proposal is never construed as acceptance.

      Maybe because you're an idiot.

  8. Deja vu all over again. . . by Betelgeuse · · Score: 3, Redundant
    --
    I couldn't tell if you were experimenting with poor-man's cryogenics or looking for the orange sherbet.
    1. Re:Deja vu all over again. . . by bl1st3r · · Score: 2, Informative

      Only if I get extra points for being the first one to point out that your's links to the wrong article... ;)

      --
      hrrm.
    2. Re:Deja vu all over again. . . by Betelgeuse · · Score: 1

      But what if I point out that the /. story talks (at the end) about how the EULA is more difficult to read than 1040 forms AND I link to the article that has a GRAPH. ooooo. . . graphs. . .

      --
      I couldn't tell if you were experimenting with poor-man's cryogenics or looking for the orange sherbet.
    3. Re:Deja vu all over again. . . by NanoGator · · Score: 2

      Stories sometimes touch on each other. That's not the same as 'linking to the same story.'

      Besides, I wouldn't complain about it. If EULAs are being abused (ie MS preventing XP users from using VNC unless the VNC client is running on XP also...) and attention is constantly drawn to it, then something will be done about them.

      --
      "Derp de derp."
    4. Re:Deja vu all over again. . . by kubrick · · Score: 2, Funny

      Ah, Slashdot. Where even the Redundant is Offtopic. :)

      --
      deus does not exist but if he does
  9. Why unreadable by SeanAhern · · Score: 2

    Makes you wonder why the IRS makes its forms generally unreadable...

    Then again, it's probably because the tax code is so complicated.

    1. Re:Why unreadable by markmoss · · Score: 5, Insightful

      There are three separate issues in tax forms. One is that most of the public school teachers teaching math don't really understand it, so most Americans are pretty much innumerate. If your mind freezes up every time you see more than three addition or subtraction operations, there isn't much chance of you understanding any tax form no matter how simple.

      Second, if you are numerate, the IRS forms are generally as clear as they can make it while following the laws that a bunch of damned lawyers in Congress wrote. But those laws are generally written to obscure the point rather than to clarify it -- your congressman doesn't want to make it too clear that he designed a particular deduction so that only one corporation in the whole US can use it...

      Third, there are a lot of people who do understand the intent of the forms and tax laws, but want to know how much cheating they can get away with. The exact limits of things like legitimate business travel expenses are hard to define, but many people are way over any reasonable line. You know -- fly to Hawaii, have a five minute business discussion, stay a week, deduct it all as business expenses. If your question is, can I get busted for that -- I sure hope so!

    2. Re:Why unreadable by Waffle+Iron · · Score: 2
      I think another issue is the form designers are boring accountants, not programmers. A lot of times the procedure to compute your taxes isn't that hard, but they always present it in a linear column format, and they always use "line numbers" for values, which removes any meaning. You quickly get lost trying to juggle all of the meaningless numbers.

      It's like writing an algorithm in binary machine code instead of a readable language. If they would just structure the form like a flowchart or indented program, and use real variable names instead of line numbers, it would all be much easier for everyone to understand.

    3. Re:Why unreadable by markmoss · · Score: 2

      If they would just structure the form like a flowchart or indented program, and use real variable names instead of line numbers, it would all be much easier for everyone to understand.
      I disagree. You need to get out and deal with non-programmers more...

    4. Re:Why unreadable by Waffle+Iron · · Score: 2
      I disagree. You need to get out and deal with non-programmers more...

      I guess you're right. Ordinary people thrive on long meaningless columns of numbers with cryptic numerical cross references and instruction steps that lack any context. Programmers are the only people who can't handle such a wonderful system. I'm sorry I suggested any changes.

    5. Re:Why unreadable by markmoss · · Score: 2

      My point was, most people can't comprehend flowcharts either.

  10. The real problem... by bluprint · · Score: 5, Insightful

    This guy really misses the point. I don't have a problem with this theory if they're writing for other lawyers. But if they're writing for kids online, it makes no sense to have a 3,000-word policy written at a college-reading level.

    The reality is, this stuff is written for other lawyers. Why? Because when there is a disagreement, lawyers and judges (higher up lawyers) will be making arguments/decisions pertaining to the confilict.

    A EULA that says "Do you promise not to give this game to all your friends?" just won't do.

    It's not the lawyers fault as much as it's the fault of, as the interviewer put it, the "litigious culture".

    --
    A modern day witchhunt.
    1. Re:The real problem... by Jonathan_S · · Score: 2, Interesting

      "A EULA that says "Do you promise not to give this game to all your friends?" just won't do."

      Of course it won't. Then if you gave the game to N-1 of your friends you would have followed the EULA. "But your honor, the EULA said not to give the game to all my friends; I didn't give it to my friend Alice, just Bob and Carol"

      of course Alice intercepted it but thats a different subject.

    2. Re:The real problem... by inerte · · Score: 2, Interesting

      Doesn't prevent from having two versions. One that resumes the EULA, that explains in plain english what 3000 words mean.

    3. Re:The real problem... by Anonymous Coward · · Score: 0

      The reality is, this stuff is written for other lawyers.

      Really? So you're saying that only lawyers are supposed to install software? Or that before installing software, the distributor expects everyone to call their lawyer to come over and read the EULA?

      It's BS. The EULA's are for average people to read, that's why they're presented when you install the software, instead of faxed to your lawyer's office.

    4. Re:The real problem... by bluprint · · Score: 1

      The EULA's are for average people to read

      Nope, they are for lawyers to use in court. That's it. Dishonest people will try to change the meaning/interpretation of words to get out of an agreement. A good lawyer will (since there are so many people like that out there) will have a very detailed, legally specific EULA.

      Same with any other contract. A verbal agreement and handshake just don't qualify as an agreement anymore, now you have to have very (legally) specific contracts to be sure and cover your ass. Otherwise, the joker you are shaking hands with might try to screw you later.

      The point is, it's not the fault of the lawyers, but the dishonest people.

      --
      A modern day witchhunt.
    5. Re:The real problem... by Anonymous Coward · · Score: 0

      they are for lawyers to use in court.

      See, I post an assertion, and reasoning behind it, and all you do is say "no" - you don't provide any proof, you don't try to attack my reasoning..

      Again:
      SOFTWARE VENDORS DO NOT EXPECT LAWYERS TO INSTALL SOFTWARE.

      Same with any other contract

      Erhm, an EULA ISN'T a contract. A contract is an agreement negotiated between two parties, in good faith.

      EULA's are not negotiated, and they are not in good faith, ergo, they are not contracts.

      A verbal agreement and handshake just don't qualify as an agreement anymore

      You're wrong. Verbal agreements are not ONLY "agreements" (by their very definition) but they can also be legally binding.

      t's not the fault of the lawyers, but the dishonest people.

      OK, now I think you're just trolling.. but I think I'll post this anyway.

    6. Re:The real problem... by Arandir · · Score: 5, Interesting

      It's not the lawyers fault as much as it's the fault of, as the interviewer put it, the "litigious culture".

      No, I think it's the lawyers. There is a litgious culture, but that's the result of the lawyers. I read a book once called "What They Don't Teach You At Harvard Law School", or something like that. It's basic premise was that lawyers are trained from day one to look for problems, but they are never taught how to look for solutions. So we have ended up with a legal culture that is geared to search for problems, but with no idea how to solve them except to sue.

      Yesterday Sybase submitted a license for approval to the OSI. It was essentially the Apple APSL, with an additional clause requiring distributions to use click-wrap or use-wrap to indicate a manifestation of assent. (use-wrap: "by using this software, which you already have the legal right to use, you agree to...") Such a clause is completely unnecessary for Open Source Software, and I hope it doesn't get approved. I can envision only two rationales for this clause: 1) Sybase is petty, and doesn't want people using their free-beer software unless they bow before the all holy legal department; or 2) they think the clause is necessary simply because every other proprietary company has it.

      Their stated rationale for the clause was that the Sprecht versus Netscape decision disallowed binding contractual obligations unless the recipient of the aforementioned unilateral imposition of terms was assented to by the user. Duh! Sybase just doesn't get it.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    7. Re:The real problem... by markmoss · · Score: 2

      The reality is, this stuff is written for other lawyers. Why? Because when there is a disagreement, lawyers and judges (higher up lawyers) will be making arguments/decisions pertaining to the confilict.

      But it's supposed to be a contract that the user accepts by clicking the "OK". Making a contract requires an exchange of considerations and a "meeting of minds" about the terms. If the terms are unintelligible to the user, it should be void. Or it should very clearly say, "if you don't understand this, you should get a lawyer to review it before going on, since by clicking "OK" you are signing a legal contract."

      Worse, with some of these EULA's, I don't think my lawyer could understand it, I don't think the local district court judge would even try to understand it, I'm sure there's at least one Justice of the Supreme Court that cannot understand it, and I seriously doubt the lawyer who wrote it understands it!

    8. Re:The real problem... by discstickers · · Score: 2, Funny

      What if you had 0 friends? Would that throw an ArrayIndexOutOfBoundsException?

      --
      I have a shitty sig!
    9. Re:The real problem... by Anonymous Coward · · Score: 0

      Well, it is for the lawyers, but the point he makes is that it COULD be written in a way everybody can understand it, without loosing anything.

    10. Re:The real problem... by Arandir · · Score: 2

      Naw, it's the fault of the lawyers for insisting that contracts must be entered into before you can use the software your previously paid for. If we don't stop this trend now, pretty soon you'll have click-wrap Coca-Cola with a flip-top tab that says "By drinking this soda you agree never to buy Pepsi again."

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    11. Re:The real problem... by Anonymous Coward · · Score: 1, Insightful

      > Doesn't prevent from having two versions. One that resumes the EULA, that explains in plain english what 3000 words mean.

      ...and which one prevails in court? the 3000 word one, the one in legalese.

      Your protests of "But Your Honor, the regular version didn't say that!" falls on deaf ears - the judge follows the legal version, not the plain english one.

    12. Re:The real problem... by bluprint · · Score: 1

      Not in Perl.

      --
      A modern day witchhunt.
    13. Re:The real problem... by bluprint · · Score: 1

      I realize that a verbal agreement is supposed to be binding, I meant that statement in a practical sense. The reality is, anyone with any sense would not enter into a serious agreement without a contract now (well, I would, but only with 1 or 2 people I know I can trust...and I don't necessarily have any sense).

      they are for lawyers to use in court. See, I post an assertion, and reasoning behind it, and all you do is say "no" - you don't provide any proof, you don't try to attack my reasoning.. Reasoning: Lawyers create EULA's to support their products/companies in court.

      I apologize for not explicitly stating that....I thought it was implied.

      --
      A modern day witchhunt.
    14. Re:The real problem... by Aus-Rust · · Score: 2, Interesting

      no , I think it would be more like there being an EULA inside the lid of a bottle of Jack Daniels saying that it can ONLY be mixed with coke and it is against their agreement , and will not be drinkable if mixed with Pepsi or any any cheaper or home made ( e.g. a publicly available and developed recipe ) form of cola

      --
      one day I'll have a .sig all of my own
    15. Re:The real problem... by gnovos · · Score: 2

      A EULA that says "Do you promise not to give this game to all your friends?" just won't do.

      Any why not? Oh yeah, becuase our legal system is so dirtorted that it no longer takes the spirit of laws into account, only the letter, so such a EULA would be easily loop-holed around by not "giving" but "perpetually lending" the game to your friend.

      --
      "Your superior intellect is no match for our puny weapons!"
    16. Re:The real problem... by nelsonal · · Score: 1

      Just so you know verbal contacts can be enforced. I don't rembember the exact specifics (there encoded in the UCC which mostly codified English common law in to a national standard) but I think, that if the verbal agreement is for goods with more than $100 in value there must be some written reference to the contract. The written item doesn't have to be the contract, any reference to it works. Also I am not a lawyer, so don't blame me when your $99 verbal contract gets thrown out of court.

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
    17. Re:The real problem... by mpe · · Score: 2

      Yesterday Sybase submitted a license for approval to the OSI. It was essentially the Apple APSL, with an additional clause requiring distributions to use click-wrap or use-wrap to indicate a manifestation of assent. (use-wrap: "by using this software, which you already have the legal right to use, you agree to...") Such a clause is completely unnecessary for Open Source Software, and I hope it doesn't get approved. I can envision only two rationales for this clause: 1) Sybase is petty, and doesn't want people using their free-beer software unless they bow before the all holy legal department; or 2) they think the clause is necessary simply because every other proprietary company has it.

      There is the 2a possibility. Which is that all EULA's have "evolved" from an original one. Without anyone ever bothering to read the current versions in context, in order to see if they make sense. Probably they also contain a large number of "junk clauses".

    18. Re:The real problem... by mpe · · Score: 2

      A verbal agreement and handshake just don't qualify as an agreement anymore, now you have to have very (legally) specific contracts to be sure and cover your ass. Otherwise, the joker you are shaking hands with might try to screw you later.

      A "verbal contract" is perfectly legally binding. However in order to have a court enforce a contract then the court has to be able to know what the contract is/was. One person's word against another is not much help here. You'd need something like a third party witness or a recording.

  11. No surprise... by Deagol · · Score: 5, Insightful
    The directions for a bottle of shampoo or a box of Hamburger Helper are more complex than a 1040! I mean really, is this all that surprising? Most tax forms seem pretty straight-forward to me.

    Now, if the tax code (the laws themselves) were easier to understand than a standard EULA, then this would be news. :)

    1. Re:No surprise... by Bouncings · · Score: 2
      The difference is that even if it says on the back of a PertPlus bottle "We own your car" the company can't just call a tow truck and arrange a delivery time.


      Some silly people think that the EULA should be a legally binding document. It rarely is, but tell that to the software industry. A contact is something you sign using ink and a pen, and date. Clicking "I Agree" is not a legally binding contract that's ever been upheld by the courts.

      --
      -- Ken Kinder ken@_nospam_kenkinder.com http://kenkinder.com/
    2. Re:No surprise... by FurryFeet · · Score: 2

      Sorry, but verbal contracts are legally binding in most states. And clicking "I Agree" might be construed as more reflective than saying "Oh, yeah, sure, you got it"...
      I hate EULAs as much as anyone here, but unfortunately I'm not quite sure they're illegal.

    3. Re:No surprise... by TrumpetPower! · · Score: 4, Funny

      The directions for a bottle of shampoo...are more complex than a 1040!

      ``Lather. Rinse. Repeat.'' Are you sure you've got the right bottle?

      b&

      --
      All but God can prove this sentence true.
    4. Re:No surprise... by marick · · Score: 1

      The directions for a bottle of shampoo or a box of Hamburger Helper are more complex than a 1040!

      This is total BS. Obviously you've never filled out your own taxes.

      The 1040 has 71 fields to fill out PLUS your address. Most of these lines are based on "schedules" and "worksheets" which also frequently have a dozen lines on them. The instructions for filling out the form are around 50 pages.

      I'd say this is a lot more complicated than "lather, rinse, repeat".

    5. Re:No surprise... by Anonymous Coward · · Score: 0

      Uh, the 1040EZ (http://www.irs.gov/pub/irs-pdf/f1040ez.pdf) has about 16 lines plus your address, all fitting on one page.

      The 1040EZ is meant for people with low incomes, which often implies little education. By law the form must meet _low_ reading levels. The EULAs, on the other hand, are meant to obfuscate the text's subject matter.

    6. Re:No surprise... by queequeg1 · · Score: 1

      You obviously have never had the luxury of filling out Schedule D, which is one of the most absurd documents I have ever come across. When this revised form first made its appearance a few years ago, I seriously engaged in a balancing act in which I weighed chances of getting caught in an audit in one hand (as a result of simply not filling the schedule out at all), and permanent brain damage on the other (by going through the mind numbing puzzle of nonsensical instructions).

      Q.
      Ward B
      St. Elizabeth's Hospital

    7. Re:No surprise... by peddrenth · · Score: 2, Funny

      The directions for a bottle of shampoo...

      Rinse. Lather. Repeat.

      Which is why C programmers spend so long in the shower, trying to resolve this infinite loop.

    8. Re:No surprise... by Anonymous Coward · · Score: 0

      > Obviously you've never filled out your own taxes.

      Or maybe he just doesn't have many deductions.

    9. Re:No surprise... by mav[LAG] · · Score: 2

      ``Lather. Rinse. Repeat.''

      Sounds very similar to the tax forms over here too...

      --
      --- Hot Shot City is particularly good.
    10. Re:No surprise... by grahamm · · Score: 1

      If the instructions are nonsensical then follow them to the letter and generate nonsensical output.

    11. Re:No surprise... by Kryptic+Knight · · Score: 1



      What is "Hamburger Helper" .. and why does it need instructions?

      Is it some kind of self assembly tool or product that does the BBQ flipping for you?

      --
      --- This meme is memory intensive
    12. Re:No surprise... by Anonymous Coward · · Score: 0

      It's a meal in a box, more or less. Dehydrated noodles and spices....brown hamburger, add water and Hamburger Helper to the pan, stir a bit. Cook. You get a meal. *shrug*

  12. A solution to the problem by The_Shadows · · Score: 4, Funny

    Don't even bother with the EULAs. Get a young person ( < 18 ) to install all your software for you. You don't agree to the EULA, and they can't be legally bound. Everybody wins!

    The_Shadows[LTH], out.

    1. Re:A solution to the problem by Anonymous Coward · · Score: 1, Interesting

      Or send them your own agreement.

    2. Re:A solution to the problem by Geekboy(Wizard) · · Score: 1, Insightful

      We went over this last time. If you have a minor do it, then you get busted as if you agreed to the EULA, AND for contributing to a minor's criminal behavior. Double whammy.

    3. Re:A solution to the problem by orkysoft · · Score: 2, Funny

      What if I get my cat to click the Agree button? Although he doesn't seem to interested in the mouse ;-)

      --

      I suffer from attention surplus disorder.
    4. Re:A solution to the problem by Anonymous Coward · · Score: 1, Funny

      What about getting really drunk before installing software. Don't you have to be "of sound mind" to agree to a contract? Isn't it the responsability of the other party to not agree to a contract with someone who isn't sober?

      Beer and voided EULAs...then everyone really does win!

    5. Re:A solution to the problem by Cardhore · · Score: 2

      My artificial intellinge program (macro that clicks "next") agrees to all the software licenses I install.

    6. Re:A solution to the problem by aufait · · Score: 2
      If you have a minor do it, then you get busted as if you agreed to the EULA, AND for contributing to a minor's criminal behavior

      Where did you get this idea? It is perfectly legal for a minor to sign a contract. The problem is that the other party can not enforce the contract. The minor can renege on his contractual obligations and the other party has no legal recourse.

      --
      I feel like picking a fight with everyone who thinks they are right. - Rainmakers
    7. Re:A solution to the problem by Confessed+Geek · · Score: 1

      If I had moderator points I'd give you a "funny," but it does raise interesting question. If you write an "AI" are you legaly responsible for its actions? Since there are virii "primitive AI's" writers in jail, it looks like there is a precedent that one is. This will become a lot more interesting once we start putting together AI's that come closer to deserving the title.

      Heh, I think Asimov covered the idea a few times...

  13. Re-pete by Anonymous Coward · · Score: 0
  14. Let's see.. by banuaba · · Score: 2

    The 1040 in question was the 1040 EZ, which you can see here: http://www.cedar.buffalo.edu/NABR/1040EZx2.gif. This form has 17 fields to fill out (not counting name and address and a couple other gimmies). An EULA tries to cover the gamut of legal possibilities. This little analysis is ignorant. An EULA is always going to be somewhat complex. The key to a usable EULA (which the issuer doesn't want, btw) is using layman's terms.

    --


    Brant

    Argle. Bargle.
    1. Re:Let's see.. by sqlrob · · Score: 1

      It's always going to be complex?

      Like the original Borland EULA that fit on a card not much larger than 3"x5"? In large print too.

    2. Re:Let's see.. by Anonymous Coward · · Score: 0

      Ideally the 1040EZ should be the ONLY tax form for all Americans, and instead of all those boxes it should say: "Enter the amount of money you made last year here:" then the next line you should "Multiply the above number by this percentage and enter that number here. IF your withholding number (listed on your W-2) is less than this number, subtract your withholding amount from this number and send a check payable to the Internal Revenue Service. If you withheld too much, enter it here... you know, wait a minute, that is how it works. Forget it.

    3. Re:Let's see.. by Waffle+Iron · · Score: 2
      I suppose that other software companies looked at Borland's overall success history in the marketplace, and they decided that straightforward EULAs must not be a key factor for success.

      (Hmm... Maybe that also explains why most companies don't switch to a stupid name and then back either...)

    4. Re:Let's see.. by sqlrob · · Score: 2

      Ah, but you forget - they went to an even tougher EULA and become almost completely irrelevant. The issues happened after they changed, not before.

  15. Travesty Generator!?!? by ackthpt · · Score: 1
    Someone posted a link to a travesty generator which created EULA's sometime in the past. I've tried to find it again, but no luck. Anyone with a link to it, please post. It's all about the same, anyway, a travesty, just on a different scale.
    You the user agree to the following:

    BS BS BS BS BS BS ...

    --

    A feeling of having made the same mistake before: Deja Foobar
  16. There's a good reason for that... by Rorschach1 · · Score: 3, Insightful

    The IRS wants you to understand the 1040 and to fill it out correctly. Most companies don't want or don't expect you to read the EULA, and it'll stay like that as long as we let them get away with writing outrageous EULAs which carry the force of law and require all sorts of insane concessions on the part of the user.

  17. When I read them I can understand them by atomray · · Score: 1

    But I rarely did, at least until recently.

    I disagree with the article - the EULAs that I have read have been quite straightforward and easy to understand. The length is often intimidating, but so long as you've managed to graduate high school, you should be able to read and understand the agreements. The companies simply know that no one is reading the agreements, and they can get people to agree to whatever they want.

    --
    take your sig and shove it
  18. Scrolling EULA by DaoudaW · · Score: 2

    I remember once installing a program with a EULA that scrolled at a set speed. It's probably the only EULA that I've read in its entirety, but it was dead boring. I almost just decided to hit cancel and be not install.

    But its not just EULAs, I don't think most people read many of the contracts they sign.

  19. From the article ... by ProfMoriarty · · Score: 4, Insightful
    It seems ad-supported software preys on people's urge to try to get something for nothing. Do these adware companies appeal to our lowest urges?
    Yes. Anything that says "free," people want. But eventually people will realize there's not really such thing as "free" software. It comes with a price--in this case the annoyance of advertising, or possibly privacy violations.

    Emphasis mine ...

    What's this guys address so I can send him a distro of Linux?

    --
    Karma? Karma? I don't need no stinkin' karma.
    1. Re:From the article ... by Kintanon · · Score: 1, Flamebait

      Linux has a 'hidden cost' a higher learning curve that other OSes. This isn't a bad thing, but it's a cost of sorts.

      Kintanon

      --
      Check out JoshJitsu.info for Brazilian Ji
    2. Re:From the article ... by ProfMoriarty · · Score: 2
      Linux has a 'hidden cost' a higher learning curve that other OSes.

      I disagree with that assertion ... for general USE of Linux compared to Windows. In fact, my wife (NON-Technical in every aspect), actually liked Linux (Mandrake 8.2) more than Windows 2K ... she said that it's more intuitive.

      However, I would agree only partially about installing new packages under it, versus Windows. Windows seems a bit easier. (Though the Drake utils makes it pretty easy.)

      --
      Karma? Karma? I don't need no stinkin' karma.
    3. Re:From the article ... by Kintanon · · Score: 2

      I'd say installation of the OS and installation of new software are the two places where Windows still has Linux beat. I've done tons of installs of both. And If your hardware is all good, they both go super smooth, the advantage with Windows is that more hardware is good for Windows, I know this isn't the fault of linux developers in most cases, but of hardware manufacturers who won't release specs or drivers.
      But the application installations REALLY need some work. It would be nice if someone released a standardized installer creator, something like Wise for Windows. That way most installations would be the same. Would make life a lot easier.

      Kintanon

      --
      Check out JoshJitsu.info for Brazilian Ji
    4. Re:From the article ... by BigBir3d · · Score: 1

      you have to be more specific in stating what was more intuitive, and give credit where credit is due. was it Linux (kernel and basic file structure) or was it the GUI that was more intuitive?

      If it is the GUI, then give KDE/GNOME/whicheverelse the credit. my girlfriend knows jack about Linux, but she really likes Ximian, and uses it somewhat effectively for her purposes. does not mean she likes Linux, per se.

    5. Re:From the article ... by startled · · Score: 1

      I think the hidden cost of Linux is that you have to spend time lobbying your congressman so he doesn't make it illegal.

    6. Re:From the article ... by Jon+Howard · · Score: 2

      I'm a big fan of APT on Debian.

      I hear that there's at least one apt rpm-wrapper for rpm-based distros.

    7. Re:From the article ... by mabinogi · · Score: 1

      Actually, I'd say windows has finaly caught up with Linux on the OS Installation front....

      Have you ever tried installing Win95 from scratch.

      It actually manages to lose track of the CDRom drive halfway through the process....the very same CDRom drive it was installing from in the first place!

      I agree with application installation though....

      --
      Advanced users are users too!
    8. Re:From the article ... by anthony_dipierro · · Score: 2

      What's this guys address so I can send him a distro of Linux?

      Make sure you send him the source along with the binary, or you can go to jail, and then you'll have a whole new definition of "free".

    9. Re:From the article ... by kubrick · · Score: 1

      Really? Please cite the last time someone went to jail for violating the GPL.

      --
      deus does not exist but if he does
    10. Re:From the article ... by Anonymous Coward · · Score: 0

      Actually I'd say that this really comes down to distro now. I'd once have agreed with this (I worked as an MIS person for an ISP and spent almost all of my time dealing with MS-os based machines and installations).

      Now though after playing with a range of distros I'd have to say wrt installation RedHat and Mandrake are great and I've had less trouble with them recognizing hardware - cutting edge new and legacy - than I've had with Windows machines (also a change I've noticed from a couple of years back).

      The biggest problem I've seen non-techie people have with Linux installs was that they "had to" hassle their way around a dual boot machine and unfortunately that means linux gets the blame for the hassle/scare of setting up a machine with >1 os :-)

      That said I think some of the distros including Debian (my favourite for its package management) could do with having a 'friendlier' install :)

    11. Re:From the article ... by Fulcrum+of+Evil · · Score: 2

      I'd say installation of the OS and installation of new software are the two places where Windows still has Linux beat.

      I'd say that that wasn't relevant because most users don't install either. They use what comes with their computer.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    12. Re:From the article ... by mpe · · Score: 2

      I'd say installation of the OS and installation of new software are the two places where Windows still has Linux beat.

      Which have nothing to do with users in the first place.

      But the application installations REALLY need some work. It would be nice if someone released a standardized installer creator, something like Wise for Windows.

      Actually its really WIndows which needs some serious work doing on installers. Where is the Windows installer which dosn't need any physicall access to the machine? How about an installer which can copy an application to a shared area, then generate appropriate .BAT and .REG files to be run through a login script? (It is even possible to write Windows applications which don't need anything putting on workstations.)

    13. Re:From the article ... by Dragoness+Eclectic · · Score: 2

      It seems ad-supported software preys on people's urge to try to get something for nothing. Do these adware companies appeal to our lowest urges?

      Yes. Anything that says "free," people want. But eventually people will realize there's not really such thing as "free" software. It comes with a price--in this case the annoyance of advertising, or possibly privacy violations.

      What's this guys address so I can send him a distro of Linux?

      Linux, and any other truly free software, do have a hidden cost--but it's not the one cited by another poster. No, the cost is a subtle one, not noticed by most; it is the "cost" of charity. Let me explain.

      The GPL as charity: I really like the GPL, because those who choose to distribute their software under its terms are choosing to give their work freely to others without thought or requirement of recompense. That is true charity (in the religious sense). Choosing to use the GPL or similar free software license rather than dumping your code or whatever in the public domain is a choice that says "I want this to be used by others to learn from, to build on, to pass on to others; I don't want you to take what I have given freely and make it into a secret passed on only a select few with money or influence."

      Moving on to the next part of this explanation: choosing to pay for valuable goods, be it food or software, is a morally neutral transaction. You got something of value to you, the seller got something of value to him, no obligations remain. Accepting something charitably given (that is, freely given with no intent of recompense), places a subtle burden upon the conscience or soul of the receiver. He who always accepts freely what is given freely, but never gives freely in turn, is rightly regarded as miserly, niggardly, or mean. (Or in the more modern terms of the Internet age, "leech", "parasite", "hog".) If your miserliness is private, if no one knows how much you take and never give back, only you know what you are--but you are still what you choose to become. Believe me, it will affect you in both the short and long run, even if you think you see no real effects.

      Finally, he who accepts freely what is given freely, but also gives freely to others of what he has to give, be it time or talent, is rightly known as generous, compassionate, kind, helpful and so on. Again, if what you do is known only to you, you still know what you are--and it will affect you.

      That, my friends, is the subtle cost of accepting charity--the moral obligation to be charitable yourself. Personally, it's a cost I'll gladly to pay.

      Addendum: I think this is why most people are so greatly offended by hidden scumware in what appears to be freeware: misunderstanding over the nature of the transaction. People downloading "free beer" software tend to naively assume that it is freely, charitably given, a debt to be repaid (or not) according to their own moral code--and are rudely surprised to find out that the supposed giver is a merchant who thought he was selling a valued good, and is now trying to extract his pound of flesh in repayment. It is one thing to knowingly engage in a commercial transaction; it is another to find out that supposed "charity" is the devil trying to collect his due.

      Most people don't want that kind of "gift"!

      --
      ---dragoness
    14. Re:From the article ... by Kintanon · · Score: 2

      Which have nothing to do with users in the first place.

      Since when do users not install software??

      Actually its really WIndows which needs some serious work doing on installers. Where is the Windows installer which dosn't need any physicall access to the machine? How about an installer which can copy an application to a shared area, then generate appropriate .BAT and .REG files to be run through a login script? (It is even possible to write Windows applications which don't need anything putting on workstations.)

      We aren't talking about mass corporate installs by trained professionals here. We're talking about Joe Average who just bought the latest version of ye Olde Checkbook Balancer and wants to pop the CD in and just hit next a couple of times and be done with it. And he wants an icon created in a consistent location by the installer so that he always knows where to go to run his software. Linux just doesn't do that. The installation procedure for even semi-commercial and some commercial software is a HUGE pain in the ass compared to just popping in a CD and hitting next. And don't start off on a rant about how you want the flexbility of this or that or whatever. It's possible to have both. Just have a Linux distro that installs in "Novice" mode by default where it does everything for you in a nice consistant manner. If you want to choose to switch to Advanced mode it's no problem, you would just go to the control panel and switch to Advanced, which would give you all of the flexibility you were used to.

      Kintanon

      --
      Check out JoshJitsu.info for Brazilian Ji
  20. Question for any (pseudo)lawyers out there... by RobinH · · Score: 4, Interesting

    Does clicking "OK" to an EULA actually mean anything legally? I can't see how it can be binding, because there's no record of a signature (not even a digital one). There's no recorded date, or identity of who clicked the mouse.

    ... and if it's not legally binding, then why should I bother to read it?

    --
    "I have never let my schooling interfere with my education." - Mark Twain
    1. Re:Question for any (pseudo)lawyers out there... by Anonymous Coward · · Score: 1, Informative
      No, EULA's are pointless to be honest - they are a scare tactic for bullying by corporations. They mean nothing if you can't understand them. Unfair Terms in Contracts Act 1998 in the UK specifies this, and obscure legalese in contracts for consumers is basically treated as white space in the court.

      Honestly, if the EULA that popped up when registering software (and on the case) said:

      "You many not give a copy of this game to anyone else
      You may make 1 backup copy for safetly reasons
      You may only run this software on one machine."

      then it would be fine. People can understand that.

    2. Re:Question for any (pseudo)lawyers out there... by swb · · Score: 4, Insightful

      People can understand that.

      I envision a time where legalisms will be so complicated and pervasive that we will spend half our time working to pay lawyers(1).

      I also envision a time where people become so sick of the gross abuse of the legal system that a new standard applies: any law or contract not held to be understandable by the generally educated person will not be enforceable.

      Yes, this will have some serious consequences -- many highly abstract and detailed social and economic structures which rely on highly detailed and abstract legalese will no longer work. The good news is that these will be replaced by simpler, less complicated social and economic structures. As as society we will be more efficient because we won't need to keep searching for ever-more-complicated structures to achieve efficiencies to account for the drag of the legal dead weight we carry.

      (1) The reason we will only work half the time for lawyers is that the other half of our time will be spent working for health care. The purpose of the lawyers being to get the health care we've worked for to actually mean something.

    3. Re:Question for any (pseudo)lawyers out there... by Anonymous Coward · · Score: 0

      Does clicking "OK" to an EULA actually mean anything legally?

      It generally don't mean shit, unless you or the vendor live in a UCITA state. That's one of the things UCITA was supposed to fix, but the lawyer-critters got greedy and UCITA ended up being real unpopular except for a couple of greedy-assed states that thought they'd reap some kinda benefits by jumping on the busted-ass UCITA bandwagon.

      I still read EULAs for the humour factor, but if you don't want to you won't miss much.

    4. Re:Question for any (pseudo)lawyers out there... by Soul-Burn666 · · Score: 1

      If u don't read it, u might not notice it tries to uninstall programs from your computer and can give full control over your computer resources for corporate use...

      Just bringing up the latest /. news regarding KaZaa, RadLight and the such...

      --
      ^_^
    5. Re:Question for any (pseudo)lawyers out there... by mspring · · Score: 1

      I didn't press enter -- my cat was running over the keyboard while I was getting a coffee.

    6. Re:Question for any (pseudo)lawyers out there... by markmoss · · Score: 2

      I can't see how it can be binding, because there's no record of a signature (not even a digital one). There's no recorded date, or identity of who clicked the mouse.

      IANAL, but assuming the software vendor can prove the software cannot be installed without clicking the mouse, I doubt that the date matters. So do you think you can convince the court that some unauthorized person snuck in and installed the software, and you were too dumb to wonder how it got there?

      You've got a much better case arguing that the EULA is unintellible to layman (and unclear to lawyers also), that it does not make it clear that it _is_ a legal contract and you ought to get a lawyer to review it and that you have the right to refuse the contract and get a full refund if you don't like it, that requiring a lawyer just to buy game software is unreasonable, and that the EULA terms violate several clauses of the UCC as implemented in your state. If you can get a judge that isn't in corporate pockets...

    7. Re:Question for any (pseudo)lawyers out there... by Anonymous Coward · · Score: 0

      I am waiting for the day some enterprising lawyer shows in court that ignorance of the law IS an excuse. This lawyer will go on to prove that the laws or contract in question are so complicated and convoluted that IT IS IMPOSSIBLE EVEN FOR THE ULTRA EDUCATED TO UNDERSTAND and therefor his client should not be held responsible.

    8. Re:Question for any (pseudo)lawyers out there... by Anonymous Coward · · Score: 0
      Coffee - thanks for reminding me.

      By drinking this Coffee you agree to forbear the understated term in hindrance thereof before a court of justice that you will not achieve a sense of rapid Random movements of the aforementioned parts of The Body under threat of the penalty that will be decided in aforemention court of justice in regards to your obvious intent to drink the aforementioned beverage.

    9. Re:Question for any (pseudo)lawyers out there... by Jon+Howard · · Score: 2

      Does clicking "OK" to an EULA actually mean anything legally?

      No, perhaps not, but consider this: if you don't consider it binding, you have a cdrom and packaging, but no right to copy the data thereon. Purchasing the product entitled you to the former, but the EULA entitles you to the latter. If you use the product, you're asserting that you are willing to consider the EULA binding, or that you're a criminal: copyrighted material from the disc will be copied on your computer.

      The gamble is that EULA's will be ruled enforceable because of the impossibility of ruling that all the computer users who use copyrighted software are infringing on copyright.

    10. Re:Question for any (pseudo)lawyers out there... by Anonymous Coward · · Score: 0
      I should clarify this:

      It is the "Unfair terms in consumer contracts act 1998" that says that terms and conditions (i.e., an EULA would fall under this) must be understood by the layman, must not infringe his/her rights in any manner, etc.

      For Business contracts then everything is different. If you had an EULA that said that by using this software all your IPR is transferred to Bill Gates' wife's pet cat, and you agreed to it as a business, then it holds and is valid. This is because businesses are deemed to take more care over contracts. That is why there will most likely be a person at your company that will check over licences before allowing you to install software.

    11. Re:Question for any (pseudo)lawyers out there... by bnenning · · Score: 4, Informative
      No, perhaps not, but consider this: if you don't consider it binding, you have a cdrom and packaging, but no right to copy the data thereon.


      I don't know how this meme got started, but it's entirely false. See 17 USC 117; it is not a violation of copyright to make a copy of software if doing so is an "essential step" in using it.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    12. Re:Question for any (pseudo)lawyers out there... by pmineiro · · Score: 1

      two comments (IANAL).

      1. the main utility of contract law is to allow for predictable unambiguous consequences of agreements. when you make an agreement with somebody, you'd like to know _exactly_ what the implications are, especially if you are committing alot of money. this is the service that precedent of contract law provides, but obviously to take advantage precise terminology is required. you like to get unambiguous predictable results from the instructions you feed your computer, don't you? doesn't that require _highly_ structured and specialized "languages" to pull off?

      2. there already is a reasonable man's standard in the law, and there is already a doctrine regarding contracts where one party is _far_ more legally sophisticated than the other.

      'nuff said.

      -- p

    13. Re:Question for any (pseudo)lawyers out there... by Jon+Howard · · Score: 2

      You're correct, thank you for pointing that out.

      Please take into consideration the following: The DMCA outlaws the trafficking of circumvention devices, though you are allowed to circumvent copy-protection if it's the only way to use the product in the way you're entitled to. If you must circumvent copy protection, and you don't know how to write the tool, you must break the law by engaging a trafficker. You're still screwed.

    14. Re:Question for any (pseudo)lawyers out there... by JordanH · · Score: 2
      • I don't know how this meme got started, but it's entirely false. See 17 USC 117 [cornell.edu]; it is not a violation of copyright to make a copy of software if doing so is an "essential step" in using it.

      IANAL, but, there is this case law that seems to indicate that copying software into RAM is violating its copyright.

      I think this is not in agreement with the US Code you cite above, but it is the current case law. I do think it's completely nuts.

    15. Re:Question for any (pseudo)lawyers out there... by bnenning · · Score: 3, Informative

      Yeah, that's a really screwy ruling. Peak was sued because they "copied" (to RAM) MAI's software in the process of servicing computers owned by third parties, and since they were not the "owners" of the copy of MAI software they got no protection from 17 USC 117. While this is clearly insane, it doesn't look like it affects the rights of a normal user who buys and installs commercial software, since he is an "owner of a copy". Even so, I can't believe this ruling was allowed to stand; it would appear to make a criminal out of any consultant who turns on a client's computer.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    16. Re:Question for any (pseudo)lawyers out there... by swb · · Score: 2

      1. Precise and unambiguous are not incompatible with clear and understandable.

      Comparing the specialized instructions necessary to make a complicated machine produce specific results with the language necessary for humans to communicate is a false analogy.

      It would take a team of Ph.ds millions of lines of code and decades of discussion to produce a machine that could replicate a two sentence exchange between three-year olds.

      2. I'm reasonable and educated, yet I have a difficult time understanding my mortgage contracts. Does that mean I don't have to follow them?

      That is the point I'm trying to make -- I understand the basic idea, I pay my mortgage every month or they take my house away from me. Why does it "require" them to have sixty pages over multiple contracts to express that simple idea?

    17. Re:Question for any (pseudo)lawyers out there... by JordanH · · Score: 1

      Well, I guess we know where this meme about not being able to use software without a license got started, right?

    18. Re:Question for any (pseudo)lawyers out there... by Anonymous Coward · · Score: 0

      MAI would come out differently under current law. Sec 117 was changed so that third parties could make those RAM copies while servicing their customers computers.

  21. Re:sig by Teferi · · Score: 1

    ...strip. A twist, in the fabric of space, where time becomes a loop.

    Nice sig.

    --
    -- Veni, vidi, dormivi
  22. EULAs... for web sites... by sotweed · · Score: 2, Interesting

    .. and it's getting worse. I recently logged onto the American Airlines site. They asked me to agree to a usage agreement which, in printed form, is 5 pages long...of pretty small type.

    A lot of it has to do with what use I'm permitted to make of the site.. like not using "mileage aggregation services" and the like. But life is too short, and I've just abandoned my use of the site. But I hope this isn't a sign of worse to come.

  23. Not 1040 by Dudio · · Score: 2, Insightful

    Actually, the article says "the Internal Revenue Service's 1040 EZ form was simpler to read"

    The 1040 EZ isn't exactly college-level reading material. It's one fscking page for Chrissake!

    1. Re:Not 1040 by supermoose · · Score: 1

      I'd never seen this form before... I love the fact that it has a "paid preparer" box at the bottom. What kind of person pays an accountant to fill out a one page form? =)

      "Heck, Martha, I ain't sure how to figger out this dag-blasted 1040EZ, what with it's numbers and all. Let's pay Zeke to do our taxes again."

  24. Someone doesn't live in MA by Otter · · Score: 4, Insightful
    Harder than a 1040, yeah, but nothing like Massachusetts state tax forms. Last year, when I took some capital gains losses, it required a worksheet that had (I am not making this up!) Steps A-Z, AA-ZZ, AAA, ZZZ and AAAA-OOOO. Around R, I realized that it was a recursive algorithm to offset losses against gains, solved it as best I could and hoped for the best.

    Anyhoo, back to the article --- I think the key to EULAs is, as Hochhauser said, trust. Of course no one reads those things. You assume that it's something along the lines of, "Don't install on more than one machine at a time. If something goes wrong, don't expect anything from us." and normally that's what you get.

    When Kazaa or other companies violate that trust, word gets around and the market enforces it eventually. People here have to realize that however much they obsess over licenses and privacy, most users including sophisticated users think current practices are perfectly adequate.

    What I get a kick out of with these Kazaa/Gator stories is how everyone suddenly forgets to pretend they're full-time Linux users... ;-)

    1. Re:Someone doesn't live in MA by Anonymous Coward · · Score: 0

      In short, I take the EULAs as something like this:

      We hate you, but out of the goodness of your heart, we grudingly allow you the use of this crappy software, at sticker price plus your firstborn child. The rest of your children will follow if you illegally copy this software.

    2. Re:Someone doesn't live in MA by Indras · · Score: 2

      What I get a kick out of with these Kazaa/Gator stories is how everyone suddenly forgets to pretend they're full-time Linux users... ;-)

      Actually, I think full-time linux users are rather uncommon, even in the slashdot crowd. Most people that go to work and use computers are faced with some incarna^H^H^H^H^H^H^Hversion of Windows. At home? We probably run a Linux/BSD box, a Windows box, and maybe even an OS X box, to get a nice variety (nobody but a geek would be proud that they have a computer for any program run in any language made for any operating system). The smarter ones run Windows in a virtual machine in Linux. Those who can't afford more than one machine, or need Windows to game, multi-boot between linux, win98, bsd, win2k, or maybe even (shudder) winxp.

      You also have to remember there are millions of readers on slashdot everyday. The "full-time Linux users" out there probably don't care to post on the stories about spyware in Windows. However, those that use KaZaA Lite at work (not naming names... I wouldn't want anyone at my company to get fired for it, especially not ME), are interested in the "Kazaa/Gator" stories, and will post on them.

      --
      The speed of time is one second per second.
  25. How are these legal? by redtoade · · Score: 3, Interesting

    When is someone going to take these things before a Judge? There is no way that pressing a button, or tearing shrink wrap can hold the same legal standing as a signature before witnesses.

    There is absolutely no way to prove who pressed the button is there? So how could this possibly be a legal "agreement?"

    1. Re:How are these legal? by Corporate+Troll · · Score: 1
      There is absolutely no way to prove who pressed the button is there? So how could this possibly be a legal "agreement?"

      I have been pondering about this too. Here at home I have 4 users. I install the programs, I dictate what goes on the machines and what not. But it also means I install the programs, make sure that the "Accept" has been clicked and that my familiy can run the software without even looking at a EULA. (I don't want them to see intimidating text, I want them to be happy and use whatever they need)

      This means they never ever agreed to anything, I did however...but as I already stated in another post: I install my machines drunk. :-) Since you can't sign a contract drunk it should be nul and void.

    2. Re:How are these legal? by aufait · · Score: 2
      When is someone going to take these things before a Judge?

      It has already been before a judge. ProCD vs Zeidenberg The judge held that the EULA was a legally binding contracts. There have been other cases, e.g. Step-Saver, which held that they were not enforceable; but these had other factors, e.g. the software was bought with a P.O. with some standard legalese on it. The judge ruled that the P.O. was the binding contract.

      --
      I feel like picking a fight with everyone who thinks they are right. - Rainmakers
  26. This is gonna get /.'d quick but... by Britissippi · · Score: 4, Interesting
    Check out the handy dandy Eula Generator.

    Fun for all the family!

    --
    Meow meow meow meow, meow meow meow meow...
    1. Re:This is gonna get /.'d quick but... by datastew · · Score: 1

      Counter says 6503 people have visited as of 2:32 pm Pacific Time. Let's see how high we can rev it up.

      (Just kidding. I think geocities sites hit a bandwidth cap pretty quick.)

  27. 1040EZ by docbrown42 · · Score: 2, Funny

    That's the 1040EZ. The regular 1040 form is now: 1: How much did you make last year? _____ Instructions: Send twice the amount listed on line 1 to IRS.

    --
    Ed Wedig
    Graphic design services
    docbrown.net
    1. Re:1040EZ by Anonymous Coward · · Score: 0

      That was the 1040MS. The form you filled out was obsolete last year.

  28. Re:sig by Corporate+Troll · · Score: 1
    Ah, Orbital...I've been listening way to much to that CD. Love that song...and it makes indeed a great sig.

    To stay on topic: I don't read the EULA of any software. I have gotten the custom of getting drunk before installing anything on my personal machines: this way I am guaranteed not to be in the right state of mind to "sign" any contracts.
    Oh, and about tax forms: when doing it together with my dad (who is an economist and knows his share of accounting) they don't look that mysterious anymore.

  29. I wonder how hard it'd be... by NanoGator · · Score: 2

    ... to make a piece of software, like a music sharing network, for example with a EULA that states 'anybody who works the RIAA must pay a mandatory license fee of 1,000,000,000,000,000 US dollars (or pesos) for starting this software.'

    I think if the RIAA were to target the legality of EULA's, it might draw their attention away from trying to take away our fair use rights.

    --
    "Derp de derp."
    1. Re:I wonder how hard it'd be... by realdpk · · Score: 3, Interesting

      Heck, just make it $50. That'd be small enough not to get it thrown out of court immediately as unreasonable. Then EULAs can really be tested.

    2. Re:I wonder how hard it'd be... by NanoGator · · Score: 2

      They'd probably just pay it. :/

      --
      "Derp de derp."
    3. Re:I wonder how hard it'd be... by Anonymous Coward · · Score: 0

      There are worse things than a $50 check arriving in the mail, too. ;) It's a win-win!

  30. SOLUTION: Require EULAs to have CLEAR Summaries by JohnDenver · · Score: 2

    I'm sure there are a couple of good lawyers/law students who could draft legislation detailing the requirements of a clear summary.

    --
    "Communism is like having one [local] phone company " - Lenny Bruce
  31. Well of course they are... by wrinkledshirt · · Score: 2, Insightful

    ...when you create an industry out of nothing, you need to justify its existence, right?

    Think of it. Everything around us is an illusion. We don't need EULAs, we don't need tax forms, we don't need so many of the inventions around us, we don't need insurance, we don't even really need currency, if you think about it. When people talk about the costs of such and such, how much does it really cost? How much does it really HAVE to cost?

    The world's been spinning for untold millions of years, and it's been doing it thus far without EULAs (et al). If everyone around the world had a collective moment of brain synergy, we could do away with so many things that a small, elite few would like us to think we need because in so needing it we must also need IP laws, lawyers to write them up, politicians to pass them, etc. And in order to keep needing them, we need to make them more complicated, so that as they evolve there is always new stuff to have to learn about them, and more and more reason to justify the expense of these maintainers of unnecessary pyramids.

    Think of it this way. Up here in Canada, we cannot simplify our tax laws, despite the fact that nobody sane likes our tax forms. If we simplified them, we would horrendously cripple our tax industry and infrastructure, which bobs along based ENTIRELY UPON the fact that the tax laws are complicated, and as such necessitates the cost of accountants and tax lawyers and politicians etc. We have an entire industry that supports these people, and it would collapse if we had a central computer take care of it all for us, which is entirely within the realm of comprehension. As a result, there's this nebulous morphing tax industry which everyone BELIEVES is necessary. You Americans, with your massively entrenched legal system, are feeling the same phenomenon from a different standpoint.

    The world is bloat. Sorry if that sounds a little nihilistic.

    --

    --------
    Bleah! Heh heh heh... BLEAH BLEAH!!! Ha ha ha ha...

    1. Re:Well of course they are... by Anonymous Coward · · Score: 0

      We also don't need clothes; after all, my pet dog goes about life pretty damn well.

      We also don't need tools; after all, apes live just fine.

      We also don't need food; after all, the planet earth went over three billion years without multicellular life.

    2. Re:Well of course they are... by Anonymous Coward · · Score: 0

      Think of it. Everything around us is an illusion.

      I have some advice for you:

      1. Put down the peace pipe Nature Boy.

      2. Quit spending your nights drinking from your mother's piss soaked cunt.

      3. Kill yourself. Preferably slowly and preferably NOW.

  32. Summaries of Court decisions affecting EULA's by datastew · · Score: 1

    Summaries of Court decisions affecting EULA's can be found here:
    http://www.void.jump.org/EmuFAQ2000/AppendixB.htm.
    See especially ProCD, Inc. v. Ziedenberg. 86 F.3d 1447 (7th Cir., 1996).

  33. I'm no genius but... by Anonymous Coward · · Score: 0

    Are 1040 forms really that hard to read? I mean really. Be honest now.

    I use the long form, itemize my deductions, and my wife runs a small business out of our home. I had no trouble doing our taxes myself by hand in a few hours. The few questions I had were easily answered by the tax booklet.

    I understand that not ever Tom, Dick and Harry can do their own taxes, but I'd expect I'm not alone in the Slashdot community being entirely unchallenged by the 'complexity' of taxes.

    Now, wanting to pay them is a separate issue entirely...

  34. Why don't we get organized? by Anonymous Coward · · Score: 0

    For each EULA, there only needs to be *one* person sitting down and reading it in its entirety who tells *everyone* if it's a good or a bad license.

    Heck, CNET/download.com should do this. Alongside the software review, hire someone with some legal background to read the EULA and write a summary for all of us.

    Like many others, I don't believe in the "contract" part of an EULA, but I do believe that EULAs can contain some information about the spywares that come bundled with the app.

    1. Re:Why don't we get organized? by Anonnymous+Coward · · Score: 1

      Why? They'll never hold up, and even if one did, they're still unenforceable for all intents and purposes.

  35. I should be paid to read EULAs! by Mustang+Matt · · Score: 2, Interesting

    If companies had to pay me to read their EULA, I guarantee they would shorten it up and make it readable.

    Punch the monkey! Punch the monkey!

    --
    The man who trades freedom for security does not deserve nor will he ever receive either. - Benjamin Franklin
    1. Re:I should be paid to read EULAs! by Anonymous Coward · · Score: 0

      If when faced with a long EULA consumers would click *cancel* and seek an alternative, companies would "shorten it up and make it readable" too.

    2. Re:I should be paid to read EULAs! by peddrenth · · Score: 1

      If you're at work, then you DO get paid to read the EULA.

      Boss: "Okay, here's your new machine, and a set of office CDs. And here's a list of stuff to get from the web"

      You (sitting down with a cup of tea and a stack of license agreements) "Okay..."

      4 hours later, you've not done anything, and it's time to go home

  36. well by martissimo · · Score: 2

    the article answers all theese burning questions about what the EULA's say very well

    I know if you go to terms of service, it pretty much says, "You can't sue us for anything." That's pretty much what they say in 8,000 words.


    there ya go, next time you cant figure out what it's trying to say, just assume it says the above ;)

  37. No such thing as free software by sdowney · · Score: 2, Informative
    blockqoute:
    It seems ad-supported software preys on people's urge to try to get something for nothing. Do these adware companies appeal to our lowest urges?
    Yes. Anything that says "free," people want. But eventually people will realize there's not really such thing as "free" software. It comes with a price--in this case the annoyance of advertising, or possibly privacy violations

    Sorry, there really is such a thing as free software. I run most of my business on it. Most of it is even free as in beer. But the important thing is that it's also free as in freedom.

    The reason I can trust it, is because I can examine the source myself. I do for some of the software I use. I contribute bug fixes back for the software I know how to fix, and is important for me to have fix. The web of trust in the open source community gives me assurance that others are doing the same for software I don't personally check.

    I don't suffer 'the annoyance of advertising, or possibly privacy violations.' All thanks to truly FREE software.

    1. Re:No such thing as free software by Anonymous Coward · · Score: 0

      Software that tampers into the computer outside of the program usage with things like installing no-required extra software (like ad software, uninstaller software and the like) can be considered a virus (independently of "EULAS" or not).

      That can lead to liability. I authorize the software to be installed, i don't authorize it to wreack advock in the computer.

      The setup programs have a very restricted use and that is to install the program it is tailored to install and setup the specifique data for the program to work. Anything outside that is in my view tampering with the my computer and that is a federal crime (with a very harsh punishment).
      ...

      If a software requires the install of "extra" softwares (like when it required Direct X or any other kind of libraries). Those extra must be installed by "external" setup files. This is also the expected behavior of setup programs for multiple distribution of those. (and the EULAS aren't tied up one to another)...

  38. Crash linux by Anonymous Coward · · Score: 0

    yes > /dev/mem

    No root required! Just type it and wait for the kernel panic :).

  39. EULA and your child Not enforceable by BCTECH · · Score: 1

    A minor child cannot be bound by a contract. Have your children install your software and now the EULA is not enforceable as the contract is void.

    They should scrap this excuse to employ lawyers as they really do not have the reach they are grasping at.

  40. 1 Thing by NitsujTPU · · Score: 3, Insightful

    I read this article before. They are comparing EULA's to form 1040-EZ.

    For anybody who hasn't done US Taxes before, 1040-EZ is written to be SIMPLE. You have to fill out a different form if you want to do anything other than put in how much you earned and get a number back for how much you owe.

    I filled out one of these in elementary school as part of a tax class. No offense, but if they are going to write an article saying that EULA's are hard to understand, then they should have picked a tax form that uses words bigger than 2 syllables.

  41. Legality of EULA by jtshaw · · Score: 1

    EULA's are of course horribly unreadable. On the other hand, there really is no reason to bother trying to read it.

    It isn't a signed contract. It only comes up on the first run of most programs, or when it is installed. There is absolutely no guarentee that the person using the software ever clicked yes to accept the EULA. Maybe somebody else did? There is no way to prove it because there is no signature involved, and no witness required.

    I am pretty possitive you would get nothing if you took a user to court over the EULA. If MS thought that was enough they wouldn't have bothered with all the other shit like activation codes and the like.

    In my mind EULA's are a lot like disclaimers, and we all know just because you put "Using this might kill you" doens't stop you from getting screwed when somebody does exactly that.

    Of course if MS made every user sign a legally binding contract it would create so much of a hassle everyone would be turning Open Source.

    1. Re:Legality of EULA by Anonymous Coward · · Score: 0

      That is why when you wan't to program with roms with PALM OS, you are required to sign a PAPER CONTRACT and send two copies to PALM so they also sign it and return to you one of the copies!

    2. Re:Legality of EULA by Anonymous Coward · · Score: 0

      this is the bottom line to all of this. well said too. EULAs are not legally enforceable. period.

  42. Not easy to say whose fault this is by hacksoncode · · Score: 2, Insightful
    Personally, I'm all in favor of license agreements that are simple and non-restrictive.

    However, the reason for contracts like this is all the lawsuits over the years that consumers and other people that have brought that set picyune precedents like "they didn't say that the contract was severable, so I assumed that since one part was obviously invalid the whole thing was invalid".

    These lawsuits are how we end up with contracts and EULA's like this.

    Whether this is the lawyers' fault or the consumers, or the politically motivated consumer protection groups, or the stupid juries that agree with this kind of crap, I couldn't tell you. Probably a bit of each.

    The only way to avoid stuff like this is to stop being a litigious society.

    Good luck...

  43. Who cares by Anonymous Coward · · Score: 0

    I dont pay taxes and I certainly dont pay any attention to EULA's.

  44. Language? by martyb · · Score: 3, Funny

    Given the increasing globalization of the internet, it just hit me that all the EULAs and privacy policies I've seen are written in English. (Granted, I don't do much surfing on non-English pages.) This seems such an obvious loophole, but what if the EULA were written in a different language?

    I'd assume there's a requirement that these agreements must be readable by the user... but some I've seen could as well have been written in a different language.

    I wonder how long I'll need to wait for somebody to come out with an agreement written in one of these languages: Hacker, Bork! Bork! Bork!, Elmer Fudd, or Klingon ;^)

    1. Re:Language? by BgJonson79 · · Score: 2

      wonder how long I'll need to wait for somebody to come out with an agreement written in one of these languages: Hacker [google.com], Bork! Bork! Bork! [google.com], Elmer Fudd [google.com], or Klingon [google.com]

      Those are some of the funniest things I've seen all day.

      --

      There are four boxes used in defense of liberty: soap, ballot, jury, ammo. Use in that order.

    2. Re:Language? by gnovos · · Score: 2

      Or, you can simply assume it was written in the "Yes means no and no means yes" language. It is exactly like english, except that every negation is actually the opposite. Since they didn't specify what langauge it was in, I don't see why it couldn't have been written in this one...

      --
      "Your superior intellect is no match for our puny weapons!"
  45. There should be a law... by generic-man · · Score: 1

    It should be illegal to have complicated and misleading user-agreements in software. Over the course of a day, a consumer might have to agree to several of these, not to mention other contracts, service agreements, etc. they have to sign in their non-computer life. Invariably, these sorts of things are unreadably long and full of Legalese unintelligible to the average Joe. We're bombarded by so many, that it is literally impossible to read and understand them all, let alone send them to our lawyers (as we are "supposed" to do with contracts).

    Because of the size, complexity and volume of these things (and the need to usually get past them quickly), I would argue that they amount to coercion (which would invalidate them). The same is true of shrink-wrap software licenses (which you are rarely able to examine until well after you've unwittingly agreed to them). Of course, I doubt a court of law would agree with me. However, I think it would make sense to have a consumer protection law that requires that these sorts of things have a short, concise, easy to read summary at the beginning that gives the user an idea of what they're getting in to (with all the legalese below for completeness). That would prevent companies from creating scumware like this then hiding behind their user-auto-agreements.

    --
    For more information, click here.
  46. GPL by Anonymous Coward · · Score: 0

    Looks easy enough to read to me! GNU GENERAL PUBLIC LICENSE Version 2, June 1991 Copyright (C) 1989, 1991 Free Software 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 software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too. When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (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 software or use pieces of it in new free programs; 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 software, or if you modify it. For example, if you distribute copies of such a program, 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 software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software. Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software 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 program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program 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. GNU GENERAL PUBLIC LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION 0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program 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 Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does. 1. You may copy and distribute verbatim copies of the Program'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 intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. 2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.) These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. 3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.) The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code. 4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance. 5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it. 6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License. 7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License. 8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License. 9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation. 10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally. NO WARRANTY 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END OF TERMS AND CONDITIONS How to Apply These Terms to Your New Programs If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms. To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found. Copyright (C) This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA Also add information on how to contact you by electronic and paper mail. If the program is interactive, make it output a short notice like this when it starts in an interactive mode: Gnomovision version 69, Copyright (C) year name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, and you are welcome to redistribute it under certain conditions; type `show c' for details. The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program. You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names: Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision' (which makes passes at compilers) written by James Hacker. , 1 April 1989 Ty Coon, President of Vice This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License.

    1. Re: GPL by i_am_nitrogen · · Score: 2

      Actually, non-commercial distribution of GPL or LGPL software requires merely a link to the source code at a public repository; it's commercial distribution that mandates redistribution of the source code.

    2. Re: GPL by anthony_dipierro · · Score: 1

      "only if you received the program in object code or executable form with such an offer" Most distros I know of distribute the source by "offering equivalent access to copy the source code from the same place," which counts under (3)(a), not (3)(b).

      So if you send a friend a binary Linux ISO and don't send him the source, you're probably breaking the law.

    3. Re: GPL by Anonymous Coward · · Score: 0

      ...but wouldn't you have needed to change it somehow?

  47. Did that article contain anything interesting? by SIGFPE · · Score: 3, Interesting
    I read through it. It told me nothing. EULAs are hard to read. Is that news? If some guy makes up some readability index and uses it to measure the 'readability' of a EULA do I learn anything new? I can tell how hard it is by reading it. An index is just pseudo-science.


    I can see how Hochhauser makes his money as a consultant. Someone presents him with a document and he charges $300/hr for calculating this index and that index. He'll put together a nice folder and a printed statement laying out the different scores - all looking very impressive. His report will end with a recommendation that the authors use shorter words and shorter sentences. And he probably has a PR department ensuring that he gets mentioned in articles on CNET, TV and radio.


    And that statement about there being no "free software" is a blatant lie too!

    --
    -- SIGFPE
  48. .02$ by alphaparadigm · · Score: 1

    EULA's are ridiculously obtuse indeed.
    Recent examples:
    the microsoft EULA that rendered MS the right to modify the user's software in any way they saw fit.
    That and all my software, which grants me power of attorney in the 4578th paragraph.

    --
    -=The Dude=-
  49. EULAs Should Use Preambles by ltsmash · · Score: 3, Interesting

    To an extent, EULAs will probably always be long and complicated. A EULA has to make sure it closes every loophole since lawyers are trained to exploit contracts. Realizing this, it would be great if EULAs gave a preamble or summary. For example, the preamble of the GPL provides a great summary and explanation in layman's terms.

  50. Real Problem: Multiple EULAs; Multiple Versions by Titusdot+Groan · · Score: 3, Interesting
    Imagine I have a Windows box, now Imagine I just recently reinstalled the OS, ah, but I repeat myself.

    Speaking of repeating ...

    The real problem is that if you install, for instance, Windows and Office, and patch them to current "safe" levels you will be asked to agree to about 20 different EULAs -- all slightly different. You have the original install, the patches (which can not be installed at the same time as any other patch), the upgrade of IE, etc. etc.

    Now add in installing all the basic tools; zip, adobe reader, netscape (:-), java ide, etc.

    By the time your machine is installed and usable you've "read and agreed" to about 100 different licenses, sometimes dozens from a single company.

    Reading and understanding 100 contracts of this nature is a full days job for a trained lawyer! It's an impossible task for the average consumer/programmer.

    It's time for clear laws that specify software liabilities (or lack thereof!) and prevent this kind of EULA overload that essentially forces you to either agree to everything or don't use the technology. I think we can all agree that not using the technology is not really a viable option for the bulk of people in today's society.

  51. How many EULAs do you confront each week? by markwelch · · Score: 2, Interesting
    I can't imagine reading most of the documents that are presented to me each week.

    EULAs are just the start: every Microsoft patch and fix, on both my workstation AND my server, requires acceptance of yet another "license agreement" (and sometimes a single patch requires two acceptances of two different things). Ditto for my anti-virus software. Add a couple dozen different software applications (Quicken, Photoshop, PC Anywhere, Roxio Easy CD Creator, Eudora, Netscape, etc. etc.), each updated once or twice a year. Then add all the terms and conditions and privacy policies on each of the web sites I visit (hundreds? thousands?). What about the policies and terms for each email newsletter subscription? Don't forget online banking, online payment for my electric bill, separate online payment for my cable modem bill, and separate online payment systems for several other things. Then there's eBay, and its separate online billing (BillPoint) system, each with its own complex terms & policies. And PayPal.

    Offline: And that's just the online crap. Every other credit-card bill contains a multi-panel brochure with tiny 6-point type, likewise my bank statements.

    Don't forget the fine print warranties for every product we buy, plus the terms of any service contracts we buy for the equipment we buy, and the return policies at every store where we shop, and the agreement for our supermarket-club-cards.

    And don't even get me started on insurance policies: my health insurance company has sent me 3 complete policy revisions this year, 50+ pages each, plus every month new qualifiers, restrictions, and special terms, and then they reject valid claims and approve fraudulent claims anyway! Then there's car insurance, homeowners, life insurance, each of which are revised at least once a year. And who ever reads the fine-print waivers when you visit a doctor or hospital?

    God forbid you are a member of anything, even a homeowner's association, because then you have even more agreements and bylaws and policies. Or you are foolish enough to have kids, the paperwork multiplies again.

    And that doesn't cover everything, by far.

    Has anyone ever tried adding up the word counts for all these documents?

    I doubt that it is physically possible to actually read all this stuff.

    --
    -- http://www.MarkWelch.com/ Pleasanton California
  52. Cool by MisterBlister · · Score: 1

    This is so cool.

  53. Pop up Ads by fatazzzz · · Score: 1

    Does anyone think that it is right for software companys to place pop up ads on your computer's system files. Personally I think that this is wrong, we already have to put up with pop up ads that are encoded in webpages, now they are gonna place them on our computers!

  54. A REAL EULA created by your friends at M$ by benthesinister · · Score: 0, Redundant

    MSNBC INTERACTIVE NEWS ALERT END-USER LICENSE AGREEMENT IMPORTANT-READ CAREFULLY: This MSNBC Interactive End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and MSNBC Interactive for the MSNBC Interactive software product(s) identified above, which may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows: * Installation and Use. MSNBC Interactive grants you the right to install and use copies of the SOFTWARE PRODUCT on your computers running validly licensed copies of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Microsoft Windows(r) 95; Microsoft Windows NT(r), Microsoft Windows 3.x, Macintosh, etc.]. * Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. * Prerelease Software. If any component of the SOFTWARE PRODUCT or any of its components is marked "Prerelease" or "Beta", the component of the SOFTWARE PRODUCT constitutes pre-release code and may be changed substantially before commercial release. You may not use such component in a live operating environment where it may be relied upon to perform in the same manner as a commercially released product or with data that has not been sufficiently backed up. * Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT. * Distribution. You may not distribute copies of the SOFTWARE PRODUCT to third parties, except as expressly provided in Section 1. * Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. * Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT. * Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. * Support Services. MSNBC Interactive may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the MSNBC Interactive policies and programs described in the user manual, in "on line" documentation and/or other MSNBC Interactive-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to MSNBC Interactive as part of the Support Services, MSNBC Interactive may use such information for its business purposes, including for product support and development. MSNBC Interactive will not utilize such technical information in a form that personally identifies you. * Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT. 3. TERMINATION. Without prejudice to any other rights, MSNBC Interactive may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT. 4. COPYRIGHT. All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by MSNBC Interactive or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by MSNBC Interactive. 5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is MSNBC Interactive/One Microsoft Way/Redmond, WA 98052-6399. 6. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges. 7. NO WARRANTIES. MSNBC Interactive expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU. 8. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall MSNBC Interactive or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if MSNBC Interactive has been advised of the possibility of such damages. In any case, MSNBC Interactive's entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or US$5.00; provided however, if you have entered into a MSNBC Interactive Support Services Agreement, MSNBC Interactive's entire liability regarding Support Services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. 9. MISCELLANEOUS. This EULA is governed by the laws of the State of Washington, U.S.A. Should you have any questions concerning this EULA, or if you desire to contact MSNBC Interactive for any reason, please write: MSNBC Interactive/One Microsoft Way/Redmond, WA 98052-6399.

  55. They *don't want* you to read it by gotan · · Score: 3, Interesting

    I mean, presenting 20-40 lengthy paragraphs in tiny little windows, writing half of it in all-caps which is well known to be harder to read. That's not really an effort to inform the prospective user. Touchy stuff is buried deep in that texts, like with the recent spyware that disables adaware. It's in there to cover their asses, but obviously it is expected that these click-through-agreements are ignored. It would be interesting to see some of these "agreements" tested in court.

    --
    "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
  56. Mark Twain by jweatherley · · Score: 1

    Most EULA's contain restrictions that are illegal in most parts of the world - no reverse engineering, don't get to read the EULA until you've broken the packaging et cetera - so I guess they aren't worth the paper they're written on.

    --

    --
    Reverse outsourcing: it's the future
  57. Wierd... by bl1st3r · · Score: 1

    redundant Pronunciation Key (r-dndnt)
    adj.
    Exceeding what is necessary or natural; superfluous.
    Needlessly wordy or repetitive in expression: a student paper filled with redundant phrases.
    Of or relating to linguistic redundancy. Chiefly British.
    Dismissed or laid off from work, as for being no longer needed.
    Electronics. Of or involving redundancy in electronic equipment.
    Of or involving redundancy in the transmission of messages.

    How was I being redundant?

    --
    hrrm.
    1. Re:Wierd... by Chiasmus_ · · Score: 1

      Look at your first definition:

      Exceeding what is necessary or natural; superfluous

      The article is entirely about how nobody reads EULAs because they're in horrible legalese.

      Therefore, your comment that nobody reads EULAs was superfluous, and it most certainly exceeded what was necessary to cause us to read the same point both in the article and in your post. Then again, had you read the article, you'd know that.

      By the way, it's spelled "weird".

      --
      "Beware he who would deny you access to information, for in his heart he deems himself your master."
  58. innumeracy and obscurity by SeanAhern · · Score: 2

    You're right. Innumeracy is actually a pretty large problem that is generally unknown by the public. One hears of lots of "literacy" programs that help to teach people to read. But I've never heard of a single program to help those who are deficient in math.

    As for the travel example you gave - my employer (Lawrence Livermore Nat'l Lab) has made it a no-no to take personal travel while on foreign business travel. I think they were having people go to England to "just" attend a conference, tacking on some vacation, and having the Lab pay for most of the hotel and all of the airfare.

  59. Just like mad libs by Anonymous Coward · · Score: 0

    END USER LICENSE AGREEMENT
    Software License Agreement for MY HUGE COCK
    IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR CLICKING ON THE 'ACCEPT' BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT ('AGREEMENT') REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE 'NO' BUTTON. THIS WILL CANCEL THE INSTALLATION.
    1. GRANT OF LICENSE: Subject to the terms below, YOUR FAT ASS hereby grants you a non-exclusive, non-transferable license to install and to use MY HUGE COCK ('Software').
    Under this license, you may: (i) install and use the Software on a single computer for your personal, internal use (ii) copy the Software for back-up or archival purposes. (iii)You may not distribute the software to others without first obtaining the required licenses, where applicable.
    Whether you are licensing the Software as an individual or on behalf of an entity, you may not: (i) reverse engineer, decompile, or disassemble the Software or attempt to discover the source code; (ii) modify, or create derivative works based upon, the Software in whole or in part without the express written consent of YOUR FAT ASS; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software.
    2. TITLE: You acknowledge that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain that of YOUR FAT ASS . The Software is protected by copyright and patent laws of the United States and international treaties.
    3. DISCLAIMER OF WARRANTY:
    YOU AGREE THAT YOUR FAT ASS HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND. YOUR FAT ASS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. YOUR RIGHTS MAY VARY DEPENDING ON THE STATE IN WHICH YOU LIVE.
    YOUR FAT ASS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT.
    5. LIMITATION OF LIABILITY: You use this program solely at your own risk.
    IN NO EVENT SHALL YOUR FAT ASS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF YOUR FAT ASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL YOUR FAT ASS BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE COST OF THE SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.
    6. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required to effectuate such termination. Upon termination, you must remove and destroy all copies of the Software.
    7. MISCELLANEOUS:
    Severability.
    In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
    Export.
    You agree that you will not export or re-export the Software outside of the jurisdiction in which you obtained it without the appropriate United States or foreign government licenses.
    Governing Law.
    This Agreement will be governed by the laws of the State of GEORGE BUSH LAND as they are applied to agreements between GEORGE BUSH LAND residents entered into and to be performed entirely within GEORGE BUSH LAND. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
    Entire Agreement.
    You agree that this is the entire agreement between you and YOUR FAT ASS, which supersedes any prior agreement, whether written or oral, and all other communications between YOUR FAT ASS and you relating to the subject matter of this Agreement.
    Reservation of rights.
    All rights not expressly granted in this Agreement are reserved by YOUR FAT ASS.

  60. 1300 lines of eula? by super-flex-o-matic · · Score: 1

    maybe a scheme similar to the Platform for Privacy Preferences (P3P) Project could be used to unclutter this mess.
    but i doubt that software manufacturers of popular adware products would agree to a eula, that is brought in readable form stating "all your information are belong to us - click yes to let us install trojan profile-harvesting software"

  61. and no one reads them because... by ebyrob · · Score: 2

    they don't mean anything!

    Click Yes and ignore. Anything else merely encourages this EULA foolishness. After all, even if they were legally binding, who's going to enforce them?

    (I suppose I need to mention be careful what you install on your system for all those kazaa users out there.)

    1. Re:and no one reads them because... by Chiasmus_ · · Score: 2

      Click Yes and ignore. Anything else merely encourages this EULA foolishness. After all, even if they were legally binding, who's going to enforce them?

      Excellent point. I'm a legal secretary, and I've seen *numerous* instances where a patient will sign some form waiving liability, something bad will happen, and the judge will immediately throw out the forms because no one ever reads them anyway.

      Judges get just as crabby as everyone else about the public being bombarded with sneaky legalese with the hope that they'll agree to things they don't understand.

      --
      "Beware he who would deny you access to information, for in his heart he deems himself your master."
  62. It's all about money by stienman · · Score: 3, Insightful

    The IRS has actually spent time and money trying to make the tax code (which is harder to read than the average EULA) easy to follow with the various forms they've created.

    The average software shop doesn't care if their EULA is readable, and increasingly more companies like it that way. Providing a simplified explanation is not trivial, and has various legal landmines to navigate.

    So any comparison is not very reasonable - they are intended for completely different purposes, and one will necessarily be more difficult to understand than the other.

    -Adam

  63. I don't think is it, but take a look anyway. by locoluis · · Score: 1

    http://www.geocities.com/wpl510/eula.htm

    Done by someone named Andy. Requires Javascript.

  64. What point is there in reading them? by j09824 · · Score: 2
    You can't usually return the software if you don't agree. If you can return it, it's usually going to cost you much more time than the amount you paid for it.

    Often, the EULA that comes with the software is out of date anyway: companies reserve the right to change terms and conditions at any point, so what you read and agree to may already be out of date. Do you have the time and interest to check whether there is a newer version? Most people don't.

    For most web sites, you are a fool if you give them any information you care about. For the few web sites where you need to give a correct address and a credit card number, reputation probably counts more than EULA, but there is one case where you might want to check about any unexpected charges and marketing tie-ins.

    Now, can anybody hold you to the EULA? Not really: unless you try to do something with the software that is somehow visible to other people, nobody knows that you are using the software, let alone that you have agreed to the EULA, so many provisions are meaningless. If you plan on reverse engineering the software, building applications with it, or linking with it, you might have to worry about it, but then, you might be better off not living in the US. And the law already protects you against highly one-sided contracts (Bill Gates may write into his EULA that you agree to be be his towel boy for a year, but he'd have a hard time enforcing that).

    Most of these problems and issues with EULAs are unrelated to their readability; even if they were highly readable, there still wouldn't be much point in reading them.

  65. Rubbish by Sanity · · Score: 2
    No, perhaps not, but consider this: if you don't consider it binding, you have a cdrom and packaging, but no right to copy the data thereon.
    Er, if copying the data from a CD you own to a computer you own isn't fair use, then I don't know what is (at least for the time-being).
    1. Re:Rubbish by Jon+Howard · · Score: 2

      You're correct, but don't overlook the practicality of the situation: What bearing do things like copyright protection and the DMCA have on the situation? Can you write a tool to ensure your fair-use, or would you have to break the law by acquiring one from a trafficker?

  66. The reason they aren't read by mindstrm · · Score: 2

    is because people don't percieve them as legally enforceable. They see it as some stupid BS that they have to click on to use the product they *already* purchased.

    EULA's are still largely untested in the courts.

    If it was a paper they were asked to sign.. that's another story.

  67. Back in the Day by Renraku · · Score: 2

    If this were like the much accalimed "Day" as in "Back in the Day" things wouldn't be like this. EULAs would be simple. Usually things like, "If this destroys your computer, we'll buy you a new one." Or, "If we destroy your house trying to re-roof it, we'll pay for repairs." Now, its like, "If this destroys your computer, you must buy a new copy, and you cannot sue us, and you are entitled to no reimbursement." and "If we destroy your house, you have to pay us full price, and we are not responsible."

    --
    Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
  68. Easy to understand warranty by craw · · Score: 1

    Slightly OT, but this is a story of a contract/warranty that the average Joe can understand.

    A while back in Hawaii, there was a used car dealer by the name of Lippy Espinda. You might have seen him as he used to appear as Hawaii-50; he played a street wise, know everything police informer. Anyway, he once ran this commercial where he said something like this.

    People ask me, "Hey Lippy? Do you have a warranty on your cars that you sell?" I tell them, when when you drive away in your car, and you see me waving at you, warranty is good. When I stop waving, no more warranty.

    Parts of a EULA's are something like that. The software company is waving at you from the time that you look at a box of software at CompUSA until you buy it, bring it home and click the Accept button. Then they stop waving.

  69. A new EULA, easier to read than most by Anonymous Coward · · Score: 0
    END USER LICENSE EGREEMENT
    Sufftvere-a Leecense-a Egreement fur Sleeme-a-Soocker 3.141592654 IMPORTENT- PLEESE REED CEREFOoLLY: BY INSTELLING THE SOFTVERE (ES DEFINED BELOV), COPYING THE SOFTVERE END/OoR CLICKING OoN THE 'ECCEPT' BOoTTON BELOV, YOOo (IITHER OoN BEHELF OoF YOOoRSELF ES EN INDIFIDOoEL OoR OoN BEHELF OoF EN INTITY ES ITS EOoTHORIZED REPRESENTETIFE) EGREE TO ELL OoF THE TERMS OoF THIS IND USER LICENSE EGREEMENT ('EGREEMENT') REGERDING YOOoR USE OoF THE SOFTVERE. IF YOOo DO NOT EGREE VITH ELL OoF THE TERMS OoF THIS EGREEMENT, CLICK OoN THE 'NO' BOoTTON. THIS VILL CENCEL THE INSTELLETION.

    1. GRENT OoF LICENSE: Soobject tu zee terms beloo, PundScoom, DeesCurpureted hereby grunts yuoo a nun-ixclooseefe-a, nun-trunsffereble-a leecense-a tu instell und tu use-a Sleeme-a-Soocker 3.141592654 ('Sufftvere'). Under thees leecense-a, yuoo mey: (i) instell und use-a zee Sufftvere-a oon a seengle-a cumpooter fur yuoor persunel, internel use-a (iee) cupy zee Sufftvere-a fur beck-up oor ercheefel poorpuses. (ieei)Yuoo mey nut deestriboote-a zee sufftvere-a tu oozeers veethuoot furst oobteeening zee reqooured leecenses, vhere-a eppleeceble-a. Vhezeer yuoo ere-a leecensing zee Sufftvere-a es un indeefidooel oor oon behelff ooff un inteety, yuoo mey nut: (i) referse-a ingeeneer, decumpeele-a, oor deesessemble-a zee Sufftvere-a oor ettempt tu deescufer zee suoorce-a cude-a; (iee) mudeeffy, oor creete-a dereefetife-a vurks besed upun, zee Sufftvere-a in vhule-a oor in pert veethuoot zee ixpress vreettee cunsent ooff PundScoom, DeesCurpureted; (ieei) deestriboote-a cupeees ooff zee Sufftvere-a; (if) remufe-a uny prupreeetery nuteeces oor lebels oon zee Sufftvere-a; (f) resell, leese-a, rent, trunsffer, soobleecense-a, oor oozeerveese-a trunsffer reeghts tu zee Sufftvere-a.

    2. TITLE: Yuoo ecknooledge-a thet nu teetle-a tu zee intellectooel pruperty in zee Sufftvere-a is trunsfferred tu yuoo. Teetle-a, oovnersheep, reeghts, und intellectooel pruperty reeghts in und tu zee Sufftvere-a shell remeeen thet ooff PundScoom, DeesCurpureted . Zee Sufftvere-a is prutected by cupyreeght und petent levs ooff zee Uneeted Stetes und interneshunel treeteees.

    3. DISCLEIMER OoF VERRENTY: YOOo EGREE THET PundScoom, DeesCurpureted HES MEDE NO IXPRESS VERRENTIES, OoREL OoR VRITTEN, TO YOOo REGERDING THE PRODOoCTS END THET THE PRODOoCTS ERE BEING PROFIDED TO YOOo 'ES IS' VITHOOoT VERRENTY OoF ENY KIND. PundScoom, DeesCurpureted DISCLEIMS ENY END ELL OoTHER VERRENTIES, VHETHER IXPRESSED, IMPLIED, OoR STETOoTORY. YOOoR RIGHTS MEY FERY DEPENDING OoN THE STETE IN VHICH YOOo LIFE. PundScoom, DeesCurpureted SHELL NOT BE LIEBLE FOR INDIRECT, INCIDENTEL, SPECIEL, COFER, RELIENCE, OoR CONSEQOoENTIEL DEMEGES RESOoLTING FROM THE USE OoF THIS PRODOoCT.

    5. LIMITETION OoF LIEBILITY: Yuoo use-a thees prugrem sulely et yuoor oovn reesk. IN NO IFENT SHELL PundScoom, DeesCurpureted BE LIEBLE TO YOOo FOR ENY DEMEGES, INCLOoDING BOoT NOT LIMITED TO ENY LOSS, OoR OoTHER INCIDENTEL, INDIRECT OoR CONSEQOoENTIEL DEMEGES OoF ENY KIND ERISING OoOoT OoF THE USE OoF THE SOFTVERE, IFEN IF PundScoom, DeesCurpureted HES BEEN EDFISED OoF THE POSSIBILITY OoF SOoCH DEMEGES. IN NO IFENT VILL PundScoom, DeesCurpureted BE LIEBLE FOR ENY CLEIM, VHETHER IN CONTRECT, TORT, OoR ENY OoTHER THEORY OoF LIEBILITY, IXCEED THE COST OoF THE SOFTVERE. THIS LIMITETION SHELL EPPLY TO CLEIMS OoF PERSONEL INJOoRY TO THE IXTENT PERMITTED BY LEV.

    6. TERMINETION: Thees Egreement shell termeenete-a ootumeteecelly iff yuoo feeel tu cumply veet zee leemiteshuns descreebed in thees Egreement. Nu nuteece-a shell be-a reqooured tu iffffectooete-a sooch termeeneshun. Upun termeeneshun, yuoo moost remufe-a und destruy ell cupeees ooff zee Sufftvere-a.

    7. MISCELLENEOOoS:
    Seferebeelity. In zee ifent ooff infeleedity ooff uny prufeesiun ooff thees Egreement, zee perteees egree-a thet sooch infeleedity shell nut effffect zee feleedity ooff zee remeeening purshuns ooff thees Egreement.
    Ixpurt. Yuoo egree-a thet yuoo veell nut ixpurt oor re-a-ixpurt zee Sufftvere-a ooootseede-a ooff zee jooreesdicshun in vheech yuoo oobteeened it veethuoot zee epprupreeete-a Uneeted Stetes oor fureeegn gufernment leecenses.
    Transfers. By eccepteeng thees egreement, yuoo egree-a tu geefe-a PundScoom, DeesCurpureted yuoor immurtel suool und furst-burn cheeld, unless zeere-a ixeests nu jooreesdicshun in vheech zeese-a prufeesiuns ere-a inffurceble-a. Bork Bork Bork!

    Guferneeng Lev.
    Thees Egreement veell be-a guferned by zee levs ooff zee Stete-a ooff Eleska es zeey ere-a eppleeed tu egreements betveee Eleska reseedents intered intu und tu be-a perffurmed inturely veethin Eleska. Zee Uneeted Neshuns Cunfenshun oon Cuntrects fur zee Interneshunel Sele-a ooff Guuds is speceefficelly deescleimed. Inture-a Egreement. Yuoo egree-a thet thees is zee inture-a egreement betveee yuoo und PundScoom, DeesCurpureted, vheech soopersedes uny preeur egreement, vhezeer vreettee oor oorel, und ell oozeer cummooneeceshuns betveee PundScoom, DeesCurpureted und yuoo releteeng tu zee soobject metter ooff thees Egreement. Reserfeshun ooff reeghts. Ell reeghts nut ixpressly grunted in thees Egreement ere-a reserfed by PundScoom, DeesCurpureted.

    Bork Bork Bork!

    There now, that wasn't so hard, was it? Didn't you almost get the feeling that you were reading English? Did you notice the parts about your children, and your soul?

  70. 1040 is not a form for corporations by Anonymous Coward · · Score: 0

    The 1040 is a personal income tax form, dumbass. Corporations don't have personal income, they just create personal income for others, like for instance, you.

    1. Re:1040 is not a form for corporations by Anonymous Coward · · Score: 0

      I suppose you could look at labor exploitation as the creation of personal income...

      Then again, I could also look at running around shooting people in the knees as the creation of personal income for various doctors, physical therapists, police, lawyers, and prison guards.

      I guess it's easier to tow the party line than to actually think about what you're saying.

    2. Re:1040 is not a form for corporations by mpe · · Score: 3, Interesting

      The 1040 is a personal income tax form, dumbass. Corporations don't have personal income, they just create personal income for others, like for instance, you.

      This being another exception to the concept of corporations as legal "people"... Since otherwise they certainly would have "personal income", even if it were zero or negative.

  71. Wake up, neo. The lawyers have you. by Ilan+Volow · · Score: 2

    Legalese is everywhere around us. You see it when you install a piece of software, you see it when you pay your taxes. It's the world that is pulled over your eyes to blind you from the truth...

    --
    Ergonomica Auctorita Illico!
  72. Re: EULAs More Difficult to Read than Tax Forms by rmohr02 · · Score: 2
    [I]f they're writing for kids online, it makes no sense to have a 3,000-word policy written at a college-reading level.
    Isn't that the point? If they're hiding something, they don't want the public to know about it. There was a recent article about how a company hid something in their EULA.
  73. Its called shirk-ware. by crovira · · Score: 2

    The producers are using this in an attempt to shirk their responsabilities.

    Nobody reads these pieces of ass-wad because there is no negotiation and no alternative. Basically, they are meaningless, unenforcable and totally useless.

    We all know that there is only ONE recourse and that is to burn Redmond to cinders and lynch Gates' minions. When that becomes an inevitable alternative, we'll do it. Until then, we'll put up with the crap we get because a) its not our software, its not important and we don't give a shit b) we don't have any choice.

    You could place clauses in there that would indicate that you wish to sell the user's better looking daughters into sexual slavery and render the rest of the family for the fat content and nobody would bat an eye because nobody would notice.

    But I'd have to ask for a front row seat to watch when the lawyers come to your door to cart away your daughters and melt the rest for lard. Can you say "bullets flying?"

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  74. Neither stupidity nor trust but pointlessness by mlc · · Score: 5, Insightful
    From the article:
    Take off your readability hat and put on your psychology hat. What are people thinking when they click "I agree"? Are they illiterate? Naive? Stupid?
    They're not stupid. They're trusting. It's actually quite similar behavior to sick people....
    I disagree with that analysis. Sure, maybe some people are really stupid, and a few are still naïve enough to believe that corporations really are interested in writing licenses that benefit both sides. But the reason that I don't read EULAs (or most other things I sign) is that there's no point in wasting my time. I can't negotiate with the company if there's a term in the EULA I don't like. Either I accept the license, or I don't get the product or service they're offering.

    Take a real-world contract I just signed, for next year's housing at my school. Now, the way it works here is that you go into a room and pick the housing you want, then take a card over to a couple people with computers who will print out a contract for you to sign, and hand you a 6-page booklet of terms and conditions. Now, I happen to have looked through that booklet a while ago, so I knew there was a clause (clause X) I don't like:

    The University reserves the right to enter an assigned space for reasons of health, safety, or emergency; for the purpose of insuring compliance with these Terms and Conditions of Residence; for inventory; and for making necessary repairs.
    So, I asked the guy if I could amend the booklet to strike that clause. Of course, I couldn't. So my only alternative would be to not sign the contract and then try and find an apartment in New York for $700/month.

    What did I gain from reading the contract? Absolutely nothing, just knowing that I'm screwed. I'm screwed whether I know it or not, so why shouldn't I just save my time and not read the contract? It was a nice day---I'd rather be outside than wading through a 6-page booklet of legal mumbo jumbo that I can't change.

  75. OSDN terms of service also verbose. by SocialWorm · · Score: 2

    See http://www.osdn.com/terms.shtml to see what I mean by "verbose." It might not be a 1040-GvMny, but it isn't "don't do anything stupid" either.
    Why is so much attention given to EULA/*PL's, and not website TOS's?

    --
    My Blog: http://nic.dreamhost.com/
  76. Re:SOLUTION: Ban EULA's by Anonymous Coward · · Score: 0

    Want the Feds. to help you enforce your copyright? Fine. Mark your work (c) and let the law apply, fair use, first sale and all.

    Want to deal in the world of contracts? Fine. Write one, get it signed, exchange goods, and enforce breach on your own.

    Pretty CLEAR to me.

  77. Coerced contracts are unenforceable by coyote-san · · Score: 2

    One of the best arguments I've seen against the enforceability of EULAs it the simple scenario: if you find the EULA unacceptable - something that you can only do after paying for the software - and attempt to return it for a refund, can you?

    With almost no exceptions, the answer is NO. The author says it's an issue for the seller, the seller says that they don't refund software after it's been opened.

    This means that you're coerced to agree to the EULA. If you click 'no,' you're out your money without appeal. This violates the basic premise of contract law (an exchange of items of value - in this case you aren't just getting a poor deal, you're getting *nothing* in exchange for hard currency) and has a strong coercive nature.

    --
    For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
  78. They might be illegal in some places? by the_arrow · · Score: 1

    To my knowledge, shrink-wrap and click-wrap licenses are illegal in Sweden.
    However, I'm not a laywer, and it's only what I heard.

    --
    / The Arrow
    "How lovely you are. So lovely in my straightjacket..." - Nny
  79. You may not care about EULAS by Anonymous Coward · · Score: 0

    But you surely care about Yakisoyba!!

    In reply to the unending queries on the subject:

    YES!! WE HAVE YAKISOYBA

    1. Re:You may not care about EULAS by Anonymous Coward · · Score: 0

      I care about YAKISOBA.

      What is YAKISOYBA?

      I hereby call myself the Japanese Cuisine Nazi!

      Haute Cuisine!!!!

  80. Sure they're easy! by Transcendent · · Score: 1

    Here's a sample from one I just downloaded yesterday :

    I. On completion of the installation on the owners PC in which he has full authority to lease, rent, sell, or distroy, the author of the licensed software in question retains the right to cease the third party ownership of the hardware verbatum in management solution languages.

    II. If licensee revokes his/her/its legality premits of the fourth retainership level of rent, then all copyright infrigement laws become obsolete, status in political ownership of software layer ownership halts on the date in question of the rent infringement.

    III. If third party ownership decides to change original binary stack contained within the leased fourth layer management language, verbatum polysoftware triad topical analysis will be enforced upon the first party owner.

    IV. All your base belongs to us.

  81. Pointless for another reason by prockcore · · Score: 3, Insightful

    "But the reason that I don't read EULAs (or most other things I sign) is that there's no point in wasting my time. I can't negotiate with the company if there's a term in the EULA I don't like. Either I accept the license, or I don't get the product or service they're offering."

    Actually a better reason is you either click the button or you can't use the software you just paid for. The fact is you already purchased the right to use the software when you picked it up from Best Buy.

    They can't add on additional caveats after you already purchased the software.

    So the reason people click "I Agree" is because the EULA doesn't mean jack.. it's non enforcable since it takes place after-the-sale.

  82. Re:sig by Anonymous Coward · · Score: 0

    Of course, it's really a sound bite from star trek tng... Warf: "There is the theory of the mobius; a twist in the fabric of space where time becomes a loop" or similar; and there's another one by Geordi I think in the song somewhere else...

    Orbital would be dang cool if they didn't have a song called "Satan"...

  83. not a big surprise by Anonymous Coward · · Score: 0

    A 1040 is a fucking piece of cake to read and understand. The problem lies in the in-ability of your average American to use the lump of flesh between their ears for more than basic math and reading. That so many people could be so ignorant fascinates me, however, looking at the way the American society has progressed over the last hundred years, it's easy to see why this has happened.

  84. Business/Pleasure trips by pommiekiwifruit · · Score: 1

    So instead of staying saturday night at their own expense and getting the cheaper airfare for their employer, they fritter away the money instead?

    That sounds very Dilbertian.

    On the (alas only) two business trips I have been on (as a techie), I managed to get holiday tacked onto the end, which saved both me and the company money.

    1. Re:Business/Pleasure trips by SeanAhern · · Score: 1

      Not quite. They'll pay for the extra Saturday. But you can't tack on another week, say, of your own vacation time. That's not allowed.

      Oh, there's plenty of Dilbertisms when you work for the government!

  85. Oops.... by Corporate+Troll · · Score: 1
    Ehm, it seems that my nerd-factor just dropped by several points :-) I didn't know it was originally form Star Trek TNG. I just don't watch Star Trek religiously, just sometimes when zapping and there is nothing else on.

    And, no, I don't like Star Wars either... Seems there is hope for me after all, but then I am (was) a Babylon 5 addict.

  86. +5 Insightful by Anonymous Coward · · Score: 0

    Please mod parent up as +5 Insightful, I don't have any more modpoints, otherwise, I would use all of them to mod it up. Thanks.

  87. Internal Revenue Code favorites by Lionel+Hutts · · Score: 2

    Absolutely. How, precisely, should sentences like the one below, which is an exception to the totally nonsensical rules on "collapsible corporations," be translated into a simple form? The I.R.S. may do a bad job, but most of the blame has to lie with the Congress that refuses to repeal dreck like the following, the first sentence of sec. 341(e)(1):

    For purposes of subsection (a)(1), a corporation shall not be considered to be a collapsible corporation with respect to any sale or exchange of stock of the corporation by a shareholder, if, at the time of such sale or exchange, the sum of (A) the net unrealized appreciation in subsection (e) assets of the corporation (as defined in paragraph (5)(A)), plus (B) if the shareholder owns more than 5 percent in value of the outstanding stock of the corporation the net unrealized appreciation in assets of the corporation (other than assets described in subparagraph (A)) which would be subsection (e) assets under clauses (i) and (iii) of paragraph (5)(A) if the shareholder owned more than 20 percent in value of such stock, plus (C) if the shareholder owns more than 20 percent in value of the outstanding stock of the corporation and owns, or at any time during the preceding 3-year period owned, more than 20 percent in value of the outstanding stock of any other corporation more than 70 percent in value of the assets of which are, or were at any time during which such shareholder owned during such 3-year period more than 20 percent in value of the outstanding stock, assets similar or related in service or use to assets comprising more than 70 percent in value of the assets of the corporation, the net unrealized appreciation in assets of the corporation (other than assets described in subparagraph (A)) which would be subsection (e) assets under clauses (i) and (iii) of paragraph (5)(A) if the determination whether the property, in the hands of such shareholder, would be property gain from the sale or exchange of which would under any provision of this chapter be considered in whole or in part as ordinary income, were made (i) by treating any sale or exchange by such shareholder of stock in such other corporation within the preceding 3-year period (but only if at the time of such sale or exchange the shareholder owned more than 20 percent in value of the outstanding stock in such other corporation) as a sale or exchange by such shareholder of his proportionate share of the assets of such other corporation, and (ii) by treating any liquidating sale or exchange of property by such other corporation within such 3-year period (but only if at the time of such sale or exchange the shareholder owned more than 20 percent in value of the outstanding stock in such other corporation) as a sale or exchange by such shareholder of his proportionate share of the property sold or exchanged, does not exceed an amount equal to 15 percent of the net worth of the corporation.

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  88. Re:sig by Anonymous Coward · · Score: 0

    Of course, it's really a sound bite from star trek tng... Warf: "There is the theory of the mobius; a twist in the fabric of space where time becomes a loop" or similar; and there's another one by Geordi I think in the song somewhere else...

    "warf" would rhyme with "barf".

    I think your probably talking about Lt. Cmdr. Worf.

    Orbital would be dang cool if they didn't have a song called "Satan"...

    Um, hows that make them not cool?
    Does the metnion of Satan ruins a band's coolness in your eyes?

    ah, who am I talking to. Your an AC. You'll probably never even read this.
    *sigh*
    *checks "post anonymously"*