Slashdot Mirror
Yahoo! Online Games Contain Spyware
An anonymous reader writes "I just noticed that yahoo.com is offering Civilization III for free, online. I figured it was too good to be true, so I actually read the EULA. Guess what, yahoo is now distributing spyware. The following is a cut and paste from their EULA: '5.Collection and Use of Registration and Usage Information. In connection with your use of the Applications on Demand Services, the installed software contains an application for the collection of data pertaining to your use of the Software and the operation of the Software. Furthermore, your Service Provider will collect data regarding what Applications you use, how long you use them and in which ways you use them (collectively, your "Usage Information"). You hereby give your consent to direct retrieval by Exent of the Usage Information collected by the Software and acknowledge that the Service Provider has agreed to provide the Usage Information gathered by it to Exent (without specifically identifying you). You agree that Exent may use your Usage Information by aggregating it with the Usage Information of other users of the Software to provide general statistics about the Applications on Demand Services as well as for purposes of making necessary adjustments and corrections in the Software as shall be deemed it by Exent at its sole discretion.'"
I expect that the presence/absence of the clause depends on how interesting you are.
I am, presumably, very boring and Yahoo doesn't care to know what I do. You must be either interesting or suspicious since Yahoo decided that they want to track you.
Requiring any software reporting back any data surreptitiously to have a separate click through granting permission. Also required should be periodic user reminders that the reporting back is happening.
So does this mean that I could sell software to Yahoo! with an EULA that allows me to collect statistics on which applications they use, and for how long? On broader aspects of their business's internal functioning? What about an EULA that allows my software to trap keystrokes, gather passwords, and open backdoors on their servers?
OK, so probably this Yahoo thing is blown out of proportion and context in typical Slashdot fashion. But imagine it's for real -- would an EULA like this stand if challenged? Why or why not?
Calling all IANALs....
I tried to provide everyone with a link
o _civ_nl.hf2k
but if Yahoo is providing this for free,
I cannot seem to find a link to it,
however, I did find this...
http://games.yahoo.com/games/downloads/promo/prom
from there you have to click "sign up and play"
now, then sign in with a yahoo ID,
click "continue to rent game"
just click "single game rental" for this
then the last step before the EULA, in which there is nothing from the above quote
which calls into the validity of the above story
Conscience is the inner voice that warns us somebody is looking - H.L. Mencken
Furthermore, your Service Provider will collect data regarding what Applications you use, how long you use them and in which ways you use them (collectively, your "Usage Information").
This is not limited to the games you download. If you see nothing wrong with this, then you need a new monitor.
Morons yourself.
J'aime mieux les méchants que les imbéciles, parce qu'ils se reposent. -- Alexandre Dumas
Assuming that this story is even true, I'd imagine that earlier in the EULA it defines the term "Applications" to mean the "Applications on Demand Services" (the capital letter is a giveaway that this is an EULA term), so it isn't going to monitor your use of KaZaA, Mozilla, etc.