Making Sense of Software EULAs

Brian E. writes "An informal Clearware.org poll indicates that 67% of the 66 respondants never or rarely completely read end-user license agreements (EULAs). Clearware.org aims to make sense of software by proposing guidelines for vendors to characterize end-user license agreements. Defined characteristics include terms and conditions found in existing EULAs that impact control over the user's experience, privacy and system security. The guideline extends on the idea of Creative Commons' commons deed and RDF/XML metadata formats. This simplifies EULA terms in a consumer friendly way similar to care labels on clothing, nutrition facts on food and warnings on hazardous materials."

Comments

66 ?

[Phil246]

66 respondants is statistically insignificant. They might as well have said " 66 people say that the sky is falling "

Re:I thought these were unenforceable

[schon]

Or do what I do - change them to something you do agree to. After all, a company is trying to unilaterally modify the terms of a contract after it's be executed (ie the software purchase), why shouldn't I have the right to do the same?

I find that doing something like:

echo "You may use this software as per your local Copyright law" >EULA.txt

works wonders for me.

I have no problem clicking "I Agree" after reading that.

Re:I thought these were unenforceable

[fossa]

Here here. I saw this on slashdot some time ago... but has anyone tried paying for software in cash wrapped in a EULA that might, for example, nullify any EULA contained within the software box? I know your average store clerk couldn't care less... but it would be satisfying just the same. If witnessed, could such an act carry any weight in court in the event of a suit by the software publisher against you for violating the EULA? It certainly couldn't carry any less weight than the EULA?

I hate EULAs that look like a retail sale, and I hate non-CDs sold as if they were CDs. What happened to integrity?

The problem is not the langauge, it's the content.

[RecycledElectrons]

The problem with EULAs is not the confusing legalese, it's the content. Would you buy a car from someone who demanded that you waive all rights to sue, even if he deliberately comitted fraud? Would you also agree that he still owned the car, and that he could grant you a license to drive it as long as you never benchmarked it (looked at the speedometer?) Would you agree that he could lock the wheels or take it back at any time for any reason?

And if you did agree to that with your boss'es money, would you expect to keep your job?

Anyone who agrees on behalf of a corporation to a typical commerical EULA is guilty of serious crimes, especially criminal negligence.

Andy Out!

Are "licenses" subject to sales tax?

[DrVomact]

I've been wondering about this. A lot of EULAs seem to say (as far as I can understand them) that I don't really own a copy of the software--I just have a license to use it under the terms of said license. Now, if I'm obtaining a license and not really buying anything, can such a transaction be subject to sales tax? It's like charging sales tax when I put money in a parking meter--I'm not buying the parking space, just the right to use it for a limited time.

I'm probably completely of the mark...but if I were right, what fun it would be to challenge the right of states to collect sales tax on software because of the EULA! I bet courts would start ruling EULAs invalid right and left...