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Fighting Back Against EULAs
An anonymous reader writes: "Fed up with increasingly obnoxious click-through "agreements" embedded in the retail software I buy, I've posted a very simple script to remove them before clicking "I agree". Without the EULA, I am free to use my software within the bounds of copyright law. Courts have been very inconsistent on the enforceability of EULAs, and I hope this will strengthen consumers' side of the battle. The script is a symbolic gesture as much as anything else, and I want to get people thinking about how ridiculous it is that software companies try to force these one-sided contracts on you after you have paid for something. Also worth a look is cexx.org's Software Vendor License Agreement, which reverses the typical EULA and puts the burden back on the software manufacturer where it belongs."
Remember those little stickers on the CD-ROM pouches? You have already agreed to read the agreement.
Your script needs to be able to display the EULA, and get past it w/o cliking "agree" or whatever.
I've always seen on EULA's something to the effect of: "If you cannot accept this agreement, please return this product to the retailer you purchaced it from". Has anyone ever actually done this?...Returned opened software saying 'I couldn't accept the license agreement'? Could you use this as a way to get around the Windows tax on new PCs?
It's not a law doofus. That's the point.
-- Proud descendant of semi-nomadic cattle-herders.
I'm going to write some fantastic whizz-bang piece of software just for the pleasure of writting a EULA with a clause that goes "The lisencee of this product must wear a gorilla suit while using said product. Upon violation of this clause, the lisencee agrees to send the author Five (5) kiliograms of Reeses-Pieces(TM) Brand Peanutbutter candies."
Hilary Rosen's speech was about her love of money and her desire to roll around naked in a pile of money.
Aside from the "real" issue that EULAs are morally wrong, surely an appeal can be made to non-enforcement. I don't know the legal wording, but it seems there's probably a way to say in legal terms "Look, this law/contract gets broken hundreds of times per day, and nobody really cares or enforces it, therefore when you single me out and enforce a EULA on me, you're really being discriminatory and using the law/contract to acheive some other goal".
There must be some legal precedent for the concept of "If you never actively enforce a law, and allow it to be broken (in obvious publicly-visible ways) over and over, you can't then go at a later date enforcing it at will on specific people you decide to target, it's not right".
For that matter, if such a legal principle exists, I'd really like to see someone apply it to the traffic ticket system as well.
11*43+456^2
about this, is that the SW companies want to treat the EULA like a contract. But there's no negotiation. The power of the parties is vastly different. Take it or leave it contracts often don't stand.
I'm obviously not a lawyer, but these are points that have come out in court, when contracts are challanged.
What's so interesting about this, is that it gives the user a chance at negotiation. Sure, it's a farce, but so is the "contract" the EULA tries to put in place. (There's no consideration - you bought the software - money for package - there's the consideration. Now, you must click the EULA too? There's no consideration (transfer of something valuable) happening then, so no contract can ensue.
So changing the contract to something else isn't any more crack-pipe'ish then the usual EULA.
Lastly, have you ever read any of those EULA's? I'd bet that 10 lawyers would come up with 10 significantly different interpretations of the "contract." That doesn't even take into account what the courts might do. So, reading your own EULA is almost futile, and who can afford to get an expert legal opinion on 10+ pages of legaleese for every software product they buy.
EULA's need to get challenged in court, and struck. UCITA needs to die an ugly and nasty death. With UCITA, EULA's will have the real power of law, not just a sham that the SW companies want you to believe.
Make sure you discuss UCITA with your STATE representatives. UCITA has to pass in your state for it to make it into UCC. You might even consider working to pass laws that provide protections against vendors who are (or will be) in UCITA states.
Cheers!
See, for example, the comments about the MAI Systems decsion in this paper:
Disclaimer: I am not a lawyer.Sig: What Happened To The Censorware Project (censorware.org)
The problem with most packaged software is you don't see the EULA until after you've opened the box, and many stores will refuse to refund money on opened software. Effectively, this means if you don't accept the EULA theres nothing you can do, aside from finding someone else to buy it off you, most likely at a loss.
As for this software, I can't see it holding up in any court. You can't say "I shut my eyes everytime I drove past a speed limit sign" and expect a judge to let you off the hook for going 120.
This also removes any incentive for companies to change their EULAs. After all, they're still getting $50 or whatever from you, whether you avoid the EULA or not. Vote with your wallet people...
"People that quote themselves in their signatures bother me" - athakur999
lots of people are writing and talking about
following laws, this law, that law etc. The
discussion really is a specific instance of
more fundamental questions:
When a law doesn't make sense, should people
follow it? At what point do you realize
that the motivations of the people creating
laws are not aligned with their interests?
By long-standing common law precedent, if you cross your fingers while you click, you don't have to abide by the terms. If you feel like going the extra mile, you can tell the dialogue box in person that you don't accept some or all of the provisions.
The DMCA forbids the creation and distribution of access control circumvention devices. The EULA agreement, during installation, could be interpreted to be a form of access control. The software will not, ordinarily, install on your system unless you click the "I Accept" button. Therefore it is controlling your access to the software and anybody who bypasses the EULA may not be authorized to use the software.
Welcome to the wonders of poorly written legal language...
This sig has been temporarily disconnected or is no longer in service
No problem: use hot steam to melt the glue and gently detach them, rather then "breaking" (i.e. tearing) them. Or just cut through the pouch at the other end, and take the CD out from the rear without "breaking the seal".
Then keep the intact "seal" on file along with all the other license documentation, as proof that you did not agree ;-)
Say no to software patents.
To expect someone to be bound to the terms of a contract after a sale is ridiculous. Either it is a sale or it isn't. If it's a sale, then I own it and can do with it as I see fit. If it's not a sale then calling it that is a misrepresentation. Call it a rental or a lease, because that's what it amounts to.
If you or I sold someone a car, house or any other property then stuck a contract in the buyer's face and told them "sign it or give me back the property" we'd be a laughing stock, and no court in the world would consider the case. Why should software be any different. If Microsoft and other vendors expect end users to be bound by the terms of a contract they should be required to present the contract in advance of the purchase, period.
slashdot broke my sig
Or would luke-warm, or even cold steam do the trick?
-- SIGFPE
Imagind if you purchased a car, and the first time you went to fill it up at the gas station, you found a sticker that said:
I don't think that any court in the country would accept that as a binding contract -- yet people expect that to work for software.Sometimes boldness is in fashion. Sometimes only the brave will be bold.
It seems like the standard (BS) agreement. But I found it interesting that THIS agreement covers ALL the software that is distributed with the computer. So I wonder what would happen to Dell's EULA if they sold a system with Linux on it? Does that mean that their EULA would supercede the GPL? That doesn't sound right.
My beliefs do not require that you agree with them.
Someone needs to roll this script in a VIRUS scanner. So whenever the app gets on the machine it gets scanned and flagged as a virus, with the FIX option then removing the EULA.
:)
MS calls the GPL liscence Viral , Hell they started calling names first, if you wrap this in a Virus scanner and get hauled into court , the judge ask "why you felt your prodect could remove the EULA" look you honor at all these press clippings calling the GPL if the GPL can be viral so can the MS EULA, and Hence I can remove it
Sig went tro...aahemmm.....fishing........
I have my 11 year old daughter install software. I have not given her permission to enter into a binding contract.
-- Will program for bandwidth
Read the EULA before you click "accept". If you don't agree with the terms and conditions then don't install the software.
...even if they require handing over your first born or something.
But I already have the legal right to install the software! Do I have to quote chapter and verse of Copyright Law?
Here's how it works. The author creates a work and publishes or distributes it. At this point in time there are two sets of right bound to the work. The first set of rights are exclusive to the author. These include the right to distribute, modify and generally copy the work. The second set is not exclusive to the author, but belong to the public or to the possessors/owners of the copies. These rights include using the work in its customary manner. If it's software, the author does not have the right to prevent you from using it.
If I don't accept the terms of the EULA, and I can somehow install the software without assenting to the EULA, then I have the right to use the software.
Software that companies write belongs to them so they should be free to do whatever
Absolutely not. The only thing that belongs to the software companies are the rights to copy, distribute and modify the software. They do not have the exclusive right to use the software.
"Intellectual Property" is not property. This has been asserted by the courts before. Don't let the name fool you, it is just a linguistic shorthand.
If I don't agree to the my landlord's rental agreement, I still can't live in his/her apartment, because that apartment is his/her property. But if I don't agree to your EULA, you can't prevent me from using the software, because the copy in my possession is not your property.
If you want more restrictive terms over the use of the software, then you may attempt to get me to agree to them. But you will have to do so before I aquire the software. That may mean you have to forego selling your software through traditional retail channels. Too bad. You are not king of the world so you don't have the right to make up the rules as you go along.
Such a clause would be illegal.
A Government Is a Body of People, Usually Notably Ungoverned