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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."
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