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The 5 Most Laughable Terms of Service On the Net

nicholas.m.carlson writes "According to these five terms of service and EULA, Google owns any content you create using its Chrome browser and can filter your Gmail messages if it likes. Facebook says it can sell its users' uploaded images as stock photography. YouTube can keep footage of your kids forever, even after you've deleted it from the site. And AOL can ban you for using vulgar language on AIM. Funny, right? That's why Valleywag calls them 'The 5 most laughable terms of service on the Net.'" Reader dlaudel writes, regarding the previously-mentioned Google EULA for Chrome, "According to Ars Technica, Google's EULA for Chrome was just copy-and-pasted from its EULA for other services, a practice that is apparently common at Google."

62 of 399 comments (clear)

  1. Verizon DSL by Anonymous Coward · · Score: 5, Funny

    I skimmed the terms of use when I started my Verizon DSL account several years ago, and I'm quite certain it said something about downloading pornography being prohibited. Um, yeah, sure -- click "agree" to continue...

    1. Re:Verizon DSL by Anonymous Coward · · Score: 5, Funny

      Once when I registered for a porn star's discussion forum the terms of use said I couldn't post comments of a sexual nature.

    2. Re:Verizon DSL by Workaphobia · · Score: 5, Funny

      You realize you're not allowed to use Verizon's services to defame them in any way, right? Careful what you say.

      --
      Evidently, the key to understanding recursion is to begin by understanding recursion. The rest is easy.
    3. Re:Verizon DSL by joemck · · Score: 5, Informative

      That's true of many porn and hentai message boards. Seems to be in the default TOS that comes with a lot of forum software.

    4. Re:Verizon DSL by ameyer17 · · Score: 4, Informative

      I'm fairly certain it was actually referring to child pornography.
      If they actually cut people off for downloading porn, they wouldn't have any customers.
      Also, Google removed the "all your content are belong to us" clause from the license for Chrome.

    5. Re:Verizon DSL by svunt · · Score: 4, Funny

      You're a lot braver than I am...it's one thing to 'fess up to watching porn, or lots of it, to but knowing details of the TOS of "many porn and hentai sites"...wow. Good for you.

    6. Re:Verizon DSL by hansamurai · · Score: 4, Interesting

      Verizon can stop their customers from downloading whatever they want, as those customers can drop Verizon and go somewhere else. Violating the First Amendment is a government issue.

    7. Re:Verizon DSL by Bryansix · · Score: 4, Insightful

      Correct you are. The law as it is now is completely inadequate for the information age. We need laws that do prevent Verizon from telling you what you can and cannot download. Data is Data and they need to get out of the business of telling you which kind of data or from where you can download it.

  2. while funny, by mistahkurtz · · Score: 5, Interesting

    what happens if these companies decide to try enforcing the EULAs?

    --
    not only is time travel possible, it's irrelevant.
    1. Re:while funny, by Darkness404 · · Score: 5, Insightful

      It loses in court and EULAs die and the world becomes a happier place.

      --
      Taxation is legalized theft, no more, no less.
    2. Re:while funny, by SatanicPuppy · · Score: 5, Insightful

      EULA's are really more for protecting them from liability than they are for trying to steal our junk.

      I mean, vis a vis the Facebook thing, there are vast quantities of precedent regarding copyright and liability which make it a bit unlikely that they could actually follow through on some mass appropriation of content...Just as an example, say I'm a professional photographer and someone else puts one of my images on Facebook...does that mean that they own all the rights to my photo? Seriously unlikely; those laws have wicked teeth, and there are very specific things that have to occur for you to transfer rights to your own copyrights to a third party.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    3. Re:while funny, by SplinterOfChaos · · Score: 5, Funny

      Such an optimist! May I have your autograph? I don't see people like you very often.

      More realistically, they try and the consumer has no clue about their rights and they succeed. But even more likely, they never do anything.

    4. Re:while funny, by nimbius · · Score: 4, Informative

      a eula is a warm blanket that stockholders and potential investors curl up in, as most of them are very old and have only a vague grasp of what these con-sarnit tubes are about,
      a little draconian business practice makes everything a bit easier to buy into.

      --
      Good people go to bed earlier.
    5. Re:while funny, by Kjella · · Score: 4, Informative

      Another fun part, copyright is a strict liability issue. That means that no matter how well Facebook thought they had permission you can sue them anyway for up to $30000/work (as opposed to the 150000$/work for willful infringement RIAA/MPAA wants). That's one of the reasons you go with a stock photo agency - they usually offer some indemnity that their pictures really are cleared to use. Oh yeah and apart from that, there's the model release so unless it's only you in the picture they have to get that too.

      --
      Live today, because you never know what tomorrow brings
    6. Re:while funny, by DittoBox · · Score: 5, Insightful

      No designer in their right mind would use even an nth of the shit uploaded on Facebook everyday.

      --
      Good. Cheap. Fast. Pick Two.
    7. Re:while funny, by khellendros1984 · · Score: 4, Interesting

      It loses in court and EULAs die and "they" come up with something even worse.

      *Run through my reality filter*

      --
      It is pitch black. You are likely to be eaten by a grue.
    8. Re:while funny, by umStefa · · Score: 3, Interesting

      I am a professional photographer, and I do have clients who have posted pictures that I hold the copyright on to facebook.

      I have serious doubts as to facebook ever actually using posted pictures commercially, much less moving to sell them. The reasons are 1)there is no way for facebook or any purchaser to confirm that the uploader actually owned the copyright (thus exposing them to the statutory $150,000 penalty on images with a registered copyright... in this case thank you US congress!) and 2)even if the copyright holder uploaded the images any sort of commercial usage requires a model and/or property release if any identifiable persons or property are in the image, which facebook will not have thus exposing them to lawsuits from those depicted in the images.

      --
      Technology is most abused by the very people it was created to help
    9. Re:while funny, by compro01 · · Score: 5, Funny

      Don't worry. There are plenty of designers who aren't.

      --
      upon the advice of my lawyer, i have no sig at this time
    10. Re:while funny, by Docboy-J23 · · Score: 5, Insightful

      Before software, the idea of agreeing to any terms before you even saw the product was ludicrous. Anything that might begin "Upon the opening of this package..." would have been called a "grift."

    11. Re:while funny, by Snaller · · Score: 3, Funny

      My brain works.

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  3. laughable? by moderatorrater · · Score: 4, Insightful

    Not really. The google one's funny, although wikis which were made with a predominantly chrome-using user base might have a problem with it. The facebook one is blatantly taking a right that it doesn't have a legitimate reason to take.

    AIM probably has that in case someone goes crazy swearing at some kids and a bunch of soccer moms get angry, and the youtube one is probably some CYA, since services like that can often store copies that are hard if not impossible to find.

    Overall, the terms of service (like most ToS's) are overkill and not something that people would agree to if they actually read it. The problem is that they put them in legalese, which might as well be japanese for most people.

    1. Re:laughable? by Man+Eating+Duck · · Score: 5, Informative

      The facebook one is blatantly taking a right that it doesn't have a legitimate reason to take.

      From their EULA:

      "By accessing or using our web site at www.facebook.com or the mobile version thereof (together the "Site") or by posting a Share Button on your site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Facebook."

      My emphasis.

      --
      Are you a grammar Nazi? I'm trying to improve my English; please correct my errors! :)
    2. Re:laughable? by sexconker · · Score: 5, Insightful

      So how do I read the Terms of Use?

      Go to facebook.com? If I do that, I've already agreed to it!

    3. Re:laughable? by tonyreadsnews · · Score: 3, Funny

      Doesn't mean its enforceable. What if I put a website up that had a TOS that said (which of course you had to go to my website to read.)

      "By accessing or using our web site at www.youarenowmyslave.com or the mobile version thereof (together the "Site") or by posting a Slave Button on your site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), and are my personal slave forever."

      Guess what, not enforceable. There are even more issues with EULA stored online (that you have to seek out to read) plus various things about contracts requiring negotiations and consideration.

    4. Re:laughable? by spun · · Score: 3, Insightful

      I think in the case of EULAs, though, people have an intuitive understanding that they can not, or should not be held to the terms of the EULA just because they click OK. They rightly think, "Well, I bought it, and they can't make me agree to anything after the fact, so I'm just going to click OK without bothering to read what they can't enforce."

      Or it could just be that people are stupid and lazy and we are correct to feel smugly superior to them.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    5. Re:laughable? by caluml · · Score: 4, Funny

      or by posting a Slave Button on your site, you (the "User")

      Let me suggest a slight change: by posting a Slave Button on your site, you (the "Leather-hooded Gimp")...

    6. Re:laughable? by jabithew · · Score: 3, Insightful

      The google one in TFA is not the Chromium one, but instead;

      Google reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

      Which seems to me actually to be fairly reasonable. I know Slashdotters hate any kind of censorship, but if I were Google I'd want the right to take stuff off my branded sites for any reason I wanted without fear of lawsuits. What if someone posts copyrighted material or pornography on youtube and someone complains? They can take them down and sort out the rights and wrongs afterwards. The important thing is, the brand is protected.

      I do trust Google not to abuse this clause because of something else that Slashdotters tend to neglect; people who want to make money today will, as a rule, want to make money tomorrow too.

      --
      All intents and purposes. Not intensive purposes.
    7. Re:laughable? by Skippy_kangaroo · · Score: 4, Insightful

      Everyone can understand this stuff when you point to the sentences in question.
      Then why are there long complex court cases over the interpretation of clauses in contracts? English is not like maths - it can be and is ambiguous.

      Care to tell me what the following clause means (it's just English after all):
      8. Indemnification ...
      (c) Promptly after receipt by an indemnified party under Section 1(g), 8(a) or 8(b) hereof of notice of the commencement of any action, such indemnified party shall, if a claim in respect thereto is to be made against an indemnifying party under such section, give notice to the indemnifying party of the commencement thereof, but the failure so to notify the indemnifying party shall not relieve it of any liability that it may have to any indemnified party except to the extent the indemnifying party demonstrates that the defense of such action is prejudiced thereby. If any such action shall be brought against an indemnified party and it shall give notice to the indemnifying party of the commencement thereof, the indemnifying party shall be entitled to participate therein and, to the extent that it shall wish, to assume the defense thereof with counsel satisfactory to such indemnified party and, after notice from the indemnifying party to such indemnified party of its election so to assume the defense thereof, the indemnifying party shall not be liable to such indemnified party under such Section for any fees of other counsel or any other expenses, in each case subsequently incurred by such indemnified party in connection with the defense thereof, other than reasonable costs of investigation. If an indemnifying party assumes the defense of such an action, (i) no compromise or settlement thereof may be effected by the indemnifying party without the indemnified party's consent (which shall not be unreasonably withheld) and (ii) the indemnifying party shall have no liability with respect to any compromise or settlement thereof effected without its consent (which shall not be unreasonably withheld). If notice is given to an indemnifying party of the commencement of any action and it does not, within ten days after the indemnified party's notice is given, give notice to the indemnified party of its election to assume the defense thereof, the indemnifying party shall be bound by any determination made in such action or an compromise or settlement thereof effected by the indemnified party.

    8. Re:laughable? by hob42 · · Score: 3, Funny

      Damn... One more rotten bill to pay. You'll have to send me your address for the check.

      I mean, that post was okay, but not nearly worth the price. But since you said I have to, I guess I'll pay up...

  4. Something tells me YouTube is not to blame by kitgerrits · · Score: 3, Insightful

    These days, laws force people that store data to keep a copy of that data for 'forensic puropses'.
    OTOH, when posting anything to The Internets, don't be surprised if it shows up in some odd places (like a google search by your boss).

    --
    "I was in love with a beautiful blonde once, dear. She drove me to drink. It's the one thing I am indebted to her for."
    1. Re:Something tells me YouTube is not to blame by Kelson · · Score: 3, Insightful

      I thought it might have something to do with data retention and backups. i.e. preventing someone from suing them because they still have a copy of a deleted video on one of their 2-month-old backup tapes.

    2. Re:Something tells me YouTube is not to blame by AmiMoJo · · Score: 5, Interesting

      This is why anonymity is so important on the internets. If you hold a magnifying glass up to anyone's life you are bound to find something objectionable if you look hard enough. So, multiple identities and anonymity is the only way to remain safe online.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  5. funny? by CaptainNerdCave · · Score: 4, Insightful

    the DMCA is laughable too, and we're not laughing

    1. Re:funny? by Spy+der+Mann · · Score: 5, Funny

      the DMCA is laughable too, and we're not laughing

      We are. HAR HAR HAR!
      Sincerely yours,
      the R.I.A.A.

    2. Re:funny? by SeaFox · · Score: 3, Funny

      We are. HAR HAR HAR!
      Sincerely yours,
      the R.I.A.A.

      We are, too. YO HO HO!
      Up yours,
      The Pirate Bay

  6. They're supposedly changing the Chrome EULA by Dude+McDude · · Score: 5, Informative
    http://www.mattcutts.com/blog/google-chrome-license-agreement/

    In order to keep things simple for our users, we try to use the same set of legal terms (our Universal Terms of Service) for many of our products. Sometimes, as in the case of Google Chrome, this means that the legal terms for a specific product may include terms that donâ(TM)t apply well to the use of that product. We are working quickly to remove language from Section 11 of the current Google Chrome terms of service. This change will apply retroactively to all users who have downloaded Google Chrome.

    Rebecca Ward, Senior Product Counsel for Google Chrome

    1. Re:They're supposedly changing the Chrome EULA by atari2600 · · Score: 3, Informative

      Chromium is open source. Chrome isn't.

  7. What's Funny One Day... by D+Ninja · · Score: 4, Insightful

    ...is scary the next.

    Granted, most people ignore the EULAs. But, what happens if the EULAs can actually be enforced?

  8. Re:Indeed. by Hecatomb00 · · Score: 5, Funny

    Lol 3rd Pots! err opst ...stop Fuck it.

    Content created with Google Chrome. By reading this post you acknowledge and agree that Google (or Google's licensors) own all legal right, title and interest in and to the post, including any intellectual property rights which subsist in the post (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the post may contain information which is designated confidential by Google and that you shall not disclose such information without Google's prior written consent.

  9. Not ownership by Sockatume · · Score: 4, Informative

    The Google EULA states that you grant them a non-exclusive right to store and reproduce your stuffs where necessary for the use of Google's services, which is a necessity because otherwise they'd be infringing on your IP rights by storing your files and serving them up to you. You retain copyright, ownership, blah de blah, as stated at the top of that part of the EULA. For Chrome, it's already been revised to only include the "you retain your rights" clause.

    --
    No kidding!!! What do you say at this point?
  10. Licensing by drooling-dog · · Score: 4, Interesting

    Heh heh... Just the other day an acquaintance was telling me that his company won't use open source software because the GPL is "too restrictive" (huh?). So I suggested that he actually read the EULAs for the software they do use there. He just mutters something about communism and the conversation is over!

  11. Oh the 5 most...? by euice · · Score: 5, Funny

    Tomorrow we'll see the 10 fastest ... and then the 20 worst ... and then the 100 funniest ...

    And on the day I read a headline like "the 50 hottest nerds" on the frontpage, I'll digg that story. (and promote it on every other page I can find too).

    Slashdot will need it, by then. Sigh..

  12. Google Lawyer must be a plush job by Anonymous Coward · · Score: 5, Funny

    Copy-paste copy-paste copy-paste

  13. Has to do with offline backups... by KnightElite · · Score: 3, Insightful

    I think that these kind of clauses in the TOS (particularly the YouTube one listed) have to do with the fact that they aren't going to go through all their data backups and guarantee they delete your video submissions, even if you delete it from the site. When you think of it in that context, it makes a lot of sense for them to cover their asses.

  14. Glad I'm on /. by UnknowingFool · · Score: 3, Funny

    And AOL can ban you for using vulgar language on AIM. Funny, right?

    How's that for some sh---
    [------ACCOUNT BANNED-------]

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  15. Re:the most amicable terms of service in the unive by Ethanol-fueled · · Score: 4, Informative

    WARNING: the above link leads to a nasty GNAA page, and it's the same one you all have seen, so don't click it out of curiosity.

    Would you wizz on an electric fence?

  16. I don't think so ... by chrome · · Score: 3, Informative

    9.4 Other than the limited license set forth in Section 11, Google acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Google, you agree that you are responsible for protecting and enforcing those rights and that Google has no obligation to do so on your behalf.

    Seems pretty clear to me. Why the rabble rabble?

  17. EULA for Open Source? by John+Hasler · · Score: 4, Interesting

    "According to Ars Technica, Google's EULA for Chrome was just copy-and-pasted from its EULA for other services, a practice that is apparently common at Google."

    Why the hell do they think they need an "EULA" or "TOS" for a supposedly Open Source program at all? Doesn't Google run these things pas their lawyers? Or do they and this is the result?

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    1. Re:EULA for Open Source? by Sockatume · · Score: 3, Informative

      Chromium is the open-source project. Google Chrome is a Google product derived from that project, basically by slapping an additional licence or two on top.

      --
      No kidding!!! What do you say at this point?
  18. Re:the most amicable terms of service in the unive by PitaBred · · Score: 4, Informative

    Would you wizz on an electric fence?

    It hurts :(

  19. Sometimes it pays to read the EULA by floydman · · Score: 3, Interesting
    --
    The lunatic is in my head
  20. Notable Omission by creature124 · · Score: 5, Funny
    I personally have always got a kick out of this particular clause from the iTunes EULA:

    You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

  21. No problem... by msauve · · Score: 5, Funny

    I always make it a point to alter the EULA to my terms. Really, if a forced, non-negotiated contract can be valid, I've got them by the balls.

    A simple yellow Post-It note with my terms stuck to the screen allows me to click "OK" to the presented terms.

    I'm not sure how I'm going to get Google to send me all of their 2008 profits in exchange for testing their browser, though.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
    1. Re:No problem... by jabithew · · Score: 4, Interesting

      This may have been modded funny, but is actually rather insightful.

      --
      All intents and purposes. Not intensive purposes.
    2. Re:No problem... by noidentity · · Score: 4, Funny

      A simple yellow Post-It note with my terms stuck to the screen allows me to click "OK" to the presented terms.

      So much for the blonde joke about putting whiteout on the screen... they were way ahead of us all along.

    3. Re:No problem... by iminplaya · · Score: 3, Funny

      "I am altering the deal. Pray I don't alter it any further"

      --
      What?
    4. Re:No problem... by Anonymous+Brave+Guy · · Score: 4, Informative

      You don't HAVE to click OK, you can click cancel. And you don't HAVE to use their products. That is the negotiation.

      Well, no, actually.

      Unfair terms in these pre-written contracts are often thrown out by courts precisely because of the unequal bargaining power of the parties. It's not forced as such, but there is certainly recognition that they haven't been agreed between two equal and fully informed parties.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  22. Re:the most amicable terms of service in the unive by sulfur · · Score: 3, Informative

    Quite interesting, I clicked it out of curiosity after reading your post to see if it could do any harm since I consider myself protected enough by using Firefox on Linux with some restrictive settings. *Sigh*... The only way to get rid of it was to issue "killall firefox" - so much for the pop-up blocker. I guess using NoScript is not that paranoid after all.

  23. Re:so what by Sockatume · · Score: 4, Interesting

    Y'know, I think that the UK would be a much happier place if everyone knew what "This Does Not Affect Your Statutory Rights" meant. It's everywhere in consumerland, at the bottom of every product guarantee for example. What it means in that context is that the guarantee is only in addition to your existing rights under the Sale of Goods Act, and doesn't affect those rights in the least. Lots of store managers and customers don't realise what massive power they have if they're sold a lemon. That's just one example. Some basic consumer rights should be taught at high school.

    --
    No kidding!!! What do you say at this point?
  24. Look at the YouTube one again; by jabithew · · Score: 3, Interesting

    You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable

    So they can keep it, but not watch it, broadcast it or transfer it elsewhere? Seems to me this is just to make sure you can't sue them for not wiping the file from their servers the nanosecond you tell them to.

    --
    All intents and purposes. Not intensive purposes.
  25. Sorry by Anonymous Coward · · Score: 4, Funny

    Sorry, but our systems have detected that you posted the above using Google Chrome. Therefore, the content of your first post are belong to us, along with any rule-ness benefits ownership implies.

  26. Re:Have you watched the news lately? by BungaDunga · · Score: 3, Interesting

    Wasn't there a case of a news program basically ripping off someone's YouTube video, then the same guy uploaded to YouTube a recording of the original video being used on the program, and then got slapped with a DMCA notice.