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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."

8 of 277 comments (clear)

  1. Typo in the summary..... by Mayhem178 · · Score: 5, Insightful

    I believe it should read:

    An informal Clearware.org poll indicates that 67% of the 66 respondants never or rarely comply to end-user license agreements (EULAs).

    --

    "You will pay for your lack of vision..." - Emperor Palpatine to Ray Charles

  2. I thought these were unenforceable by yagu · · Score: 5, Insightful

    IANAL (hate that acronym), but as I recently understood it, EULA's are in almost all regards unenforcable as they are contracts forged under duress. I pretty much have stopped reading them.

    1. Re:I thought these were unenforceable by AhtirTano · · Score: 5, Informative
      IANAL either, but I quote one here:

      So, once again, true shrink wrap EULAs have been tested in most major jurisdictions and are valid contracts, subject to certain limitations. Terms of Service contracts, like the "EULA" found in MMOGs, are simply enforceable. There is a common perception that EULAs have not been tested in court. This is incorrect. They have been.

      Don Shelkey

  3. Yes by dotpavan · · Score: 5, Funny
    I'm still thinking that 33% of respondants lied if they say they always completely read the EULA.

    Yes, you are right, they answered it that way because they hadnt read the question completely. :)

  4. New EULA Guidelines by Gunfighter · · Score: 5, Funny
    I can see them now, nice and bulleted for the undereducated, illiterate masses the US public education system is spewing forth:

    • Don't steal this software
    • We're not liable for any bad stuff caused by this software
    • We don't guarantee this software will do what we actually say it will do
    • Install this software, and it means you let us control your computer
    • Install this software, and you give up all your privacy rights
    • Assimilate to the borg controlling this software
    • Install this software, and you agree to cut down the mightest tree in the forest
    • (with a herring)
    • etc. etc.
    --
    -- Stu

    /. ID under 2,000. I feel old now.
  5. The Rules by ZachPruckowski · · Score: 5, Funny

    The first rule of the EULA is "We do not talk about the EULA"
    The second rule of the EULA is "WE DO NOT TALK ABOUT THE EULA"
    The third rule of the EULA is "You may not read the EULA"
    The fourth and final rule of the EULA is "No matter what, everyone signs"

  6. The problem is not the langauge, it's the content. by RecycledElectrons · · Score: 5, Interesting

    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!

  7. A new hobby for the bored by Antony+T+Curtis · · Score: 5, Insightful

    If you have the time and the money, here is a new hobby for you....

    1. Buy lots of software at your local big-name retail outlet.
    2. In your excitement, rip open the boxes and get access to the EULA.
    3. If the EULA is on the CD, open the CD case, load the CD and get to the EULA.
    4. Disagree with it.
    5. Return the software in opened packaging, for a full refund.
    6. If your big-name retail outlet refuses then the software vendor *must* refund it,
    7. No you will not pay for shipping. You will happily throw it all in the trash can if they refund the money.
    8. If they don't want to refund, take them to small claims court.
    9. Argue that the full EULA should have been visible on the outside of the packaging in reasonable size type.
    10. If you are vision impaired, argue that the Braile EULA should be on the packaging too or that typeface should be large print.

    Remeber to keep copies of your receipts and correspondences!

    --
    No sig. Move along - nothing to see here.