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CNN Uses P2P Video & Adds Terrible EULA
Futurepower(R) writes "CNN's use of software called Octoshape presents an incredibly abusive EULA. If you agree to the EULA, you agree that CNN can use your bandwidth, and that you will pay any costs. Also, you lose the right to monitor your own network traffic. You can't even use information collected by your own firewall. Quoting the EULA:
'You may not collect any information about communication in the network of computers that are operating the Software or about the other users of the Software by monitoring, interdicting or intercepting any process of the Software. Octoshape recognizes that firewalls and anti-virus applications can collect such information, in which case you not are allowed to use or distribute such information.' "
No.
It sure does.
here is the official EULA
Half way down in section three. What is it about EULAs that, despite being universally hated and legally toothless, inspires companies to make fucking assholes of themselves when writing them?
On inauguration day cnn.com live video was banned for using too much bandwidth. Now I know why. It was probably flooding the upload pipe.
This post is wrongly moderated. It is not informative. It is misinformative, or uninformative at best. The argument that the recognition of particular EULAs is distinct from recognition of the validity of EULAs "in general" betrays an ignorance of the judiciary and of contract law. This is simply not the way that the legal system works; courts must rule on an actual case or controversy and are not permitted to announce "general" rules of law. Furthermore, Step-Saver is anachronistic and the Third Circuit is relatively unpersuasive. In fact, there are NO major legal markets and NO major software companies within the Third Circuit's jurisdiction. ProCD v. Zeidenberg, 86 F.3d 1447 (7th Cir. 1996), however, has higher persuasive authority because it is (a) newer, (b) out of a major circuit, (c) written by an enormously influential appellate judge. In addition, it is the law in the entirety of the Seventh Circuit, which includes Chicago. Others may point to Klocek v. Gateway, 104 F. Supp.3d 1332 (D. Kan. 2000), but Klocek is a district court case, and therefore has no precedential value beyond its persuasiveness, which is in turn less than that of ProCD.
Trial courts don't make law. The only U.S. Circuit Court of Appeals cases on point hold, unanimously, that EULAs are enforceable. The law is relatively clear here, and is unlikely to change unless and until the Ninth Circuit or the Supreme Court take up the issue. I'm sorry, but you're just wrong.
"Obviously, the terms are ludicrous and nigh-unenforceable."
Also, there is another point. Slashdot editors change stories submitted to them seemingly at random, but retain the submitter's name.
The story as I wrote it mentions that Adobe is allowing Octoshape to use Adobe's Express Installer to install the software.
Basically, that means that if you allow rights to Adobe, you are also giving rights to anyone who pays Adobe. Adobe's updating software is very annoying, in my opinion, but this new situation takes the abusiveness to a much higher level. See the linked story, Watch a live video, share your PC with CNN, at WindowsSecrets.com.