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Lofgren's Anti-DRM Bill
blastedtokyo writes "House representative Zoe Lofgren introduced the Digital Choice and Freedom Act. Perhaps the most interesting section is the part that invalidates 'non-negotiable shrink wrap licenses' (EULAs) that limit rights. On top of this, it states that both digital and analog media need to be subject to fair use rules for backing up. The full text of the bill is also available." News.com.com.com.com and Infoworld have stories as well, which both note that there is no chance of these bills being passed this year.
It's not a repeat if it provides more information. It's called a "follow-up."
+1 Insightful, -1 Troll. What can I say, I'm an Insightful Troll.
As a software developer, I'd like to see EULA's remain legal. I don't want to be sued because some idiot misused or ran a virus infected version of my executable and bad things happened to that PC. I don't want to be sued when the same idiot installs an older software application that overwrites a bunch of MFC and ATL DLL's and then complains that "it dunnit work no more - yee haw"
However, I'm completely opposed to the way EULA's are presented to people now... Most EULA's are presented as a step in the InstallShield installer, if you don't accept the terms you can't install the application. Problem is, if you don't accept the terms, you won't be able to take it back to the store. Best Buy, Fry's, Comp USA, etc., don't take returns on opened software, only exchanges.
What should happen is that companies are required to either print the EULA on the box (there is room, even on the new boxes, just print it on the large flap where there's just screenshots and marketing crap there anyways). Then, users can read the EULA before they've brought it home and started to install it, and if they don't like the terms of the EULA they can leave the box on the shelf and look at a competitor's product.
Making EULA's completely illegal as some people advocate is too extreme. Businesses and independent developers need some protection from the unwashed masses (like AOL users, har har).
I read the text of the bill, and I mostly agree with it. However, I'd like a change in this bill that says essentially the above - you want to use a EULA, fine, but the user had better be able to read it before they've purchased the software.
(And while we're suggesting changes, how about an across the board repeal of the DMCA?)