Cory Doctorow on Shrinkwrap Licenses

An anonymous reader writes "Web privacy advocate Cory Doctorow is on about shrinkwrap licenses, in his latest essay. They've always been onerous. Now, Doctorow says the new EULA in Vista and even the MySpace user agreement could put users at risk of being sued. He closes with: 'By reading this article, you agree, to release me from all obligations and waivers arising from any and all [everything].'"

Comments

Stupid, pointless article.

[evilviper]

All he's got are some general, highly exaggerated stereotypes to spout out. Just two actual examples, which aren't that significant, and sure as hell don't lead him to the conclusion that you're going to be sued (when MICROSOFT goes out of business and sells their rights to a patent troll??? What?)

Anybody who bothered to read a clickwrap or shrinkwrap agreement would never install any software, click on any link on the Web, open an account with anyone, or even shop at many retail stores.

I have, and do. I'm a meticulous person that way. It hasn't stopped me from doing any of the above.

1) No sane person would agree to its text, and

I do believe I'm sane... License terms are reasonable for 90% of everything out there, and just what you'd expect before even reading it. ie. You agree we aren't liable if this doesn't work, You agree to sue us in our county or state, etc.

It's only that last 10% of software that I absolutely refuse to install. Usually there's only a passing mention of software from some different company, in one line, near the end, to indicate a dozen pieces of spyware bundled with your program. With that, I "opt out" and delete the program/installer, and look elsewhere.

2) Even if you disagree, no one will negotiate a better agreement with you?

For software that more than a handful of people would ever want to use, there's always some other alternative, with a license that isn't so incredibly underhanded.

Certainly, Windows XP and Vista qualifies. So long as my copy of 2000 (or NT4, 98, 95, Win 3.11, Dos 6) works for the Windows-only software I only occasionally need to use, I'm not even going to CONSIDER upgrading. And no more machines pre-loaded, either. I can go to pricewatch find a fully customizable, no-OS system cheaper anyhow.

have you seen the fine print on their credit-card slips?

Since I don't use credit cards... No. Nor do I care.

When returning products to Best Buy, however, I do stand at the front of the line, reading the paper they want me to sign... verbatim. They ALWAYS tell me it's just a standard form, and that they'll give me a copy to read later... AFTER I sign it. I'm more than happy to hold up their line, since they insist I agree to the legalese they've thrust upon me, for no good reason.