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Sun Includes Microsoft-Like Automatic Updates Clause

Neill_Smith writes "Following on from Microsoft forcing automatic updates on their users if they want to stay secure, Sun seems to be trying to be trying something similar. They have given themselves permission to 'automatically download, install, and execute applets, applications, software extensions, and updated versions' in the license agreement (hit download) for the JDK on linux (and possibly other platforms)."

5 of 51 comments (clear)

  1. More from the EULA by raxhonp · · Score: 5, Informative

    It's applicable for all platform, not only Linux, and for both the JRE and the JDK. This point is also very interesting:

    6. Notice of Automatic Downloads. You acknowledge that, by your use of the Software and/or by requesting services that require use of the Software, the Software may automatically download, install, and execute software applications from sources other than Sun ("Other Software"). Sun makes no representations of a relationship of any kind to licensors of Other Software. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE OTHER SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  2. Is this a JNLP and applet thing? by melquiades · · Score: 4, Informative
    Note that Java Web Start downloads JNLPs, and appletviewer download applets, both of which are third-party code that executes on your machine. Clause 6, at least, seems simply to be a CYA applying to these:
    6. Notice of Automatic Downloads. You acknowledge that, by your use of the Software and/or by requesting services that require use of the Software, the Software may automatically download, install, and execute software applications from sources other than Sun ("Other Software"). Sun makes no representations of a relationship of any kind to licensors of Other Software. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE OTHER SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    In other words, "The JVM can download and execute Java code off the net. Just because our JVM downloaded it doesn't mean we endorse it."

    Clause 5 seems a bit more troublesome. But they're not trying to pull any wool over anybody's eyes:
    If additional terms and conditions are not presented on installation, the Software Updates will be considered part of the Software and subject to the terms and conditions of the Agreement.
    In other words, "If you run an installer and it doesn't present new conditions, the old ones still apply." That at least seems pretty reasonable.

    If anything is troublesome, it's the implication that they think they can download stuff to your machine without your permission.
  3. This isn't good by Sandman1971 · · Score: 4, Insightful

    Automatic updates are not good in a live server environment. Many shops run software that are only certified for certain versions. Automatically updating any part of the OS or underlying packages like JDK could break the software. Doesn't sound like alot of thought was put into this.

    --
    It's better to burn out than to fade away
  4. Re:I like automatic updates by zangdesign · · Score: 4, Insightful

    you don't have to worry about Sun doing funky stuff to your box.

    I was under the understanding that the best defense is to assume that the other guy is ALWAYS out to get you. This, like many other things, is something that should be left to the user to decide, not forced upon them by fiat. You can't have it both ways.

    Besides, the agreement explicitly gives Sun the right to affect your machine without prior notification. That, in and of itself, is alarming, regardless of the end result. There is no way of knowing whether or not Sun includes malware in the download since you are not allowed to examine it first.

    --
    To celebrate the occasion of my 1000th post, I will post no more forever on Slashdot. Goodbye.
  5. Re:I like automatic updates by bmetzler · · Score: 4, Informative
    I was under the understanding that the best defense is to assume that the other guy is ALWAYS out to get you. This, like many other things, is something that should be left to the user to decide, not forced upon them by fiat. You can't have it both ways.

    I was under the understanding that the best defense was that if you don't trust someone, don't have anything to do with them. In other words, don't use Java if you can't trust Sun. I'm trying to make a point that people think they seem to deserve anything and everything and that they deserve it their way. Well, I'm sorry, that doesn't happen. Sun isn't forcing anything on you. If you don't like it, you don't use it. I don't like Microsoft's EULA, so I don't use it. I don't cry that Microsoft is forcing me to use their software.

    Besides, the agreement explicitly gives Sun the right to affect your machine without prior notification. That, in and of itself, is alarming, regardless of the end result. There is no way of knowing whether or not Sun includes malware in the download since you are not allowed to examine it first.

    No, as others pointed out, this agreement seems to have to do with Java Web Start. And if you understand how JWS works, it syncs against a central download server so that it always runs the latest codebase. It doesn't bother to tell you that there's a new jEdit out, it just assumes that you want to run the latest version, so it downloads it. The only thing you notice is a little longer start time.

    -Brent