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.'"

Comments

Just remember....

[Neck_of_the_Woods]

Nothing is free, you pay one way or the other. From now on, just assume your getting the big five finger when you sign up for anything free. Your choice.

Method to disable the spyware...

[Anonymous Coward]

I found a good way to disable the spyware in these free programs.

Go to a store and purchase the software.

Re:Method to disable the spyware...

[XorNand]

I agree. I bought Civ 3 two days after it came out. It's a great game -- I still play it. I paid around $50 for it if I recall correctly.

Why is it so evil of Yahoo to expect something in return for offering a $50 game for free? The last of the standing .coms are tripping over themselves to try to find innovative ways to stay afloat. To me, this is much more desirable than flogging visitors with yet another popunder.

No suprises

[infornogr]

If someone had asked me to guess whether or not Yahoo distributed spyware yesterday, I would say yes. It's pretty much expected that if any large company gives something away for free, its probably adware or spyware. Most people don't know they're getting spyware, worse, most people don't care, and worse yet, Yahoo knows this. The solution is simple: don't use software with such absurd EULAs.

Not 100% true?

[Trusty Penfold]

When I signed up for Civilisation III, section 5 of the agreement read

5. PLAYER DOWNLOAD
The Player software is made available to you subject to the terms and conditions made accessible during the software installation process. In order to download the Player software, you must have a Windows 95, 98, ME, 2000 or XP operating system, as well as a Pentium 233MHz computer or faster, 64MB of RAM, 500MB of hard drive space, Direct X and compatible SVGA video and sound cards. You agree that it is your responsibility to review and evaluate the Player and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Player rests with you. You further agree that Yahoo!, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software, including the failure of such software to meet your needs, standards, expectations or desired specifications.

and there wasn't a section entitled "Collection and Use of Registration and Usage Information".

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.

Re:Not 100% true?

[Ioldanach]

The full tos for the games on demand system is available at: http://gamesondemand.yahoo.com/play/adtos_nl and doesn't contain the implied statement. Also, I can't find anywhere that offers a free play of Civ III. If I could, I'd be happy to install and play it on an otherwise empty system at home. I'll be quite happy to skew their results with a barebones system.

firewall?

[Khopesh]

so what happens when people start blocking net access to these apps?
programs like Tiny and Zone Alarm can block access per program
(assuming they don't use bundled hooks like IE embedding).

seems better than the software-installation clauses in newer MS and java licenses.

Time for a law

[Anonymous Coward]

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.

Just how powerful can an EULA be?

[melquiades]

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....

a Link

[liquidice5]

I tried to provide everyone with a link
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/promo _civ_nl.hf2k

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

Re:a Link

[Babbster]

Indeed. All I found was a program where you could get three days of Civ3 for $4.95. It seems like an attempt to provide rentals of video games without the fear of piracy that doing so in an offline privacy would engender, not to mention people who would simply rent the game and never return it.

I would note also that, with such a rental system, collecting data about people's playing of the rented game could be considered a necessity since there would have to be a way to shut it off after it had been played. There would also have to be a way to activate the start of the three-day rental after the download completed, since I don't think Yahoo would be so stupidly evil as to mark the time it takes to download the game against the customer's rental time.

In summary, the writer of the article is pretty dumb and the editor who posted it must be getting very sleepy. :)

Dear /. editors

[Wrexen]

YHBT
YHL
HAND

Re:Dear /. editors

[Anonymous Coward]

You have been trolled.

You have lost.

Have a nice day.

It means timothy (the /. editor that posted this article) fell for a troll.

Re:Bullshit.

[ccady]

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.

At least it is in the EULA

[TamMan2000]

Isn't anyone else glad they put it in the EULA instead of trying to sneak it through?

That would really be spying, what they are doing now it more like buying your personal information with a game...

Re:Bullshit.

[PhilHibbs]

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.