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Adobe EULA Demands 7000 Years a Day From Humankind

oyenamit writes "When was the last time you actually read and understood the EULA before installing a software? Never? You are not in a club of one. Unless you are a legal eagle, it would be almost impossible to fully understand what you are agreeing to. Consider this: The Adobe Flash installer has a EULA that is 3500 words long. Adobe claims that the software is downloaded eight million times a day. If each person takes 10 minutes to read (and understand!) the entire text, they would consume over 1,522 years in just one day. If we put that into man-hours: an 8hr day, 240 working days in a year, that becomes 6944 years in a day. Turn that into a 50-year working life and that's 138 lifetimes a day! The Register deconstructs the text that we all blindly agree to by clicking the 'I have read and understood the...' checkbox." Also, never operate a GPS device in a moving vehicle.

40 of 224 comments (clear)

  1. Half the length of a novelette by mcgrew · · Score: 4, Interesting

    http://en.wikipedia.org/wiki/Word_count#In_fiction

    OK, so about ten years ago before my kids were old enough to enter into contracts, I simply had them install my software for me, meaning that no one read and understood the EULA. How are these abominations in any way enforceable??

    1. Re:Half the length of a novelette by interkin3tic · · Score: 4, Insightful

      A few years ago, my iphone decided to update itunes. A new EULA was presented to me that I had to agree to in order to download any more music or apps. I started to skim it to see if I could spot anything that might explain why they were updating it. Then I saw that it was page one of sixty four on the iphone screen.

      I think they've since fixed that with an "e-mail this to me" option, and I could have just not bought that Taylor Swift song right then and there (don't judge me.) Still, 64 pages? In a sane world (which the legal system is not), that massive shit of dense legalese would be clear proof that the EULA was never meant to be read or understood by the user. Just have me press a button agreeing to not sue Apple for anything. It's just as fair and makes just as much sense.

    2. Re:Half the length of a novelette by v1 · · Score: 5, Insightful

      They aren't enforceable.

      Unfortunately, often they are. It's more a matter of "technically, the law can consider them a binding contract", and it often comes down to a judge to decide whether or not it's truly binding.

      We've seen several cases here recently where a user clicked through a TOS and clicked "agree" which caused them to waive some rights, which ended up being relevant in court later.

      So in cases like these where there's an obvious "bad law" (or precedence) on the books, it usually comes down to who can afford more justice (hire more lawyers) to get the legalities "interpreted" their way determine who wins.

      It's a basic problem without a clear-cut solution. Companies need to be able to protect themselves from random people that will abuse the legal system. That's why boxes of q-tips have to say "don't put in your ear". But people need that same protection from companies that also abuse it with thinks like "agree to no class action lawsuit". TOS are double-edged swords, the problem is there's no balance. It's hard to codify "common sense", there's no easy way to draw a good line. It's both a way for people to protect themselves from being taken advantage of, AND a tool to use to take advantage of others.

      --
      I work for the Department of Redundancy Department.
    3. Re:Half the length of a novelette by bfandreas · · Score: 2, Insightful

      I could be wrong(it has happened before) but EULAs have never been tested in court in the European Union. Typically you only get to see the EULA AFTER you have entered a binding contract. And naming the terms of a contract after you have entered it is simply bad faith. When was the last time you got automatically fully refunded when you clicked "I don't agree."
      Also if you can demonstrate you didn't understand the terms of a contract it also gets voided. That shouldn't be too hard to accomplish.

      Nobody seems too keen to test EULAs in court because they move on dodgy legal terrain.

      --
      20 minutes into the future
    4. Re:Half the length of a novelette by Big+Hairy+Ian · · Score: 4, Funny

      I just remember once reading the EULA of a computer game which told me that the game wasn't licensed for running Nuclear Installations! What Zork really????

      --

      Build a Man a Fire, and He'll Be Warm for a Day. Set a Man on Fire, and He'll Be Warm for the Rest of His Life.

    5. Re:Half the length of a novelette by Charliemopps · · Score: 5, Insightful

      No, it's like I walk into your store, pick up a box that says "Blue shirt" on it, pay you $50, walk out the door, open the box and find that the shirt that is locked inside a second box with a lock on it. That lock has a note that says "By opening this shirt you agree to allow our store to track your movements via GPS, take video with hidden cameras installed in this shirt and sell those videos to the Tosh.0 show if any of them are deemed funny"

      If I don't agree, I don't get the shirt I just paid for... I take it back to you and you tell me "All sales are final!" So what the hell is the customer supposed to do? It'd be one thing if you had to agree to the EULA before you paid... but after the fact?

    6. Re:Half the length of a novelette by v1 · · Score: 3, Informative

      There is one important variation you need to consider. Software EULA for physical purchases does indeed usually have the EULA in the box, out of sight, without anything on the outside saying "visit www.xxx to review terms of service before purchase". But software bought electronically, and most other EULA for online services such as paypal, facebook, etc, will have a "click-through" that gives you the opportunity to not agree, not receive the product, not make the payment, and not be bound by the terms.

      I was addressing the latter in my previous post, which is a lot more common, although this thread did start out more discussing adobe software, which is often physically purchased. (although the last four customers I've helped install adobe software for have all downloaded digitally after clicking through the TOS)

      --
      I work for the Department of Redundancy Department.
    7. Re:Half the length of a novelette by DM9290 · · Score: 2

      Don't you think your example is specious? In the case of the product, the exchange requires that I give them $50. If I do so, then they allow me to take the product out of the store. In the case of an EULA, the exchange requires that I a click on a button. If I do so, then they allow me to use the software.

      Under copyright law you don't need their permission to use the software, anymore than you need Stephen King's permission to read one of his books. To use software you need a computer and a legally obtained copy of the software. Copyright law takes care of the rest (by giving you the right to execute the software on a computer and even make modifications for the limited purpose of getting it to execute on the computer).

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    8. Re:Half the length of a novelette by Eivind · · Score: 3, Insightful

      It's a joke assertion that the average person should be able to read and understand 3500 words of dense legalese in 10 minutes too - infact I claim that *nobody* can do that, not even a crack lawyer with eulas as a speciality.

      A qualified person might, in an hour or so, feel *reasonably* sure what the EULA says. An average person could likely spend a day analysing the text, and stil miss substantial points.

    9. Re:Half the length of a novelette by Altanar · · Score: 4, Insightful

      Or use Google Chrome. It has an Google-built PDF reader and Google-managed Flash updates. You never have to touch an Adobe installer ever again.

      But if you're anti-EULA, Foxit is no help. Point of comparison: The Foxit EULA is 3,683 words long. The Adobe section in Google Chrome's EULA (which covers Flash) is 2,476. Google Chrome's ToS in the EULA is 3,983 words.

    10. Re:Half the length of a novelette by History's+Coming+To · · Score: 2

      Interesting idea - I just bought an eReader which comes with a (frankly ridiculous) EULA, I mean, seriously, an eReader? So if I root it, add "Company X agrees to pay £10,000 per annum to the purchaser", and then click "I agree" they then have to pay me as their software has agreed to the contract?

      I may just try that, for entertainment value alone when they get the email.

      --
      Please consider this account deleted, I just can't be bothered with the spam anymore.
    11. Re:Half the length of a novelette by Pope · · Score: 2

      OK, so about ten years ago before my kids were old enough to enter into contracts, I simply had them install my software for me, meaning that no one read and understood the EULA. How are these abominations in any way enforceable??

      Bullshit, You never did this.

      --
      It doesn't mean much now, it's built for the future.
    12. Re:Half the length of a novelette by AmiMoJo · · Score: 2

      There is only one solution to this. We need standard Terms of Service and license agreements. Defined in law, with a core agreement and maybe a couple of optional clauses when required. Companies must use those agreements, making it very easy for the consumer to know what they are signing up for and what their rights are.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    13. Re:Half the length of a novelette by DM9290 · · Score: 2

      Under copyright law you don't need their permission to use the software, anymore than you need Stephen King's permission to read one of his books. To use software you need a computer and a legally obtained copy of the software. Copyright law takes care of the rest (by giving you the right to execute the software on a computer and even make modifications for the limited purpose of getting it to execute on the computer).

      This is all true. However, the catch is in the "legally obtained copy" part.

      Without agreeing to the license, you haven't legally obtained ownership of a copy.

      if the copy was made by someone authorized to make the copy (for instance the copyright holder), and someone authorized by to sell the copy sold you the copy (for instance an authorized distributor) then the copy is an authorized copy - i.e. "legally obtained copy" to re-use the phrase we both agree on. There is no additional requirement in copyright law beyond possession of the authorized copy to execute software on the computer even though the computer makes its own internal copies as a result of execution.

      At least - this is explicit in Canadian Copyright Law. I'm not going to argue about US law.

      So in Canadian law, unless you agreed to some kind of restriction in connection to that act of Distribution then once the distribution is concluded you may rely on the full extent of copyright law and execute it on your computer. You can tear up that EULA because you don't NEED a license. You have the law.

      your analogy of a ticket is invalid. You can be denied entry to the venue in accordance with terms because those terms are terms for entry into the venue. A venue which does not belong to you.

      On the other hand, your copy DOES belong to you. so nobody can impose additional terms without your consent.

      it would be more like if you buy a hair drier for $20 from an authorized distributor: Then it arrives at your house with a sticker on the "on" button, saying that "you must agree to the following EULA in exchange for the license to use the hair drier. pressing the ON button on the hair drier indicates that you agree."

      Since you don't need permission to press the "on" button on your own property, you can freely ignore the sticker and use the hair drier. Further more since pressing the ON button does not communicate anything to anybody except yourself, it can't be said to signify an agreement. agreements require a meeting of the minds.

      having sold you the hair drier, they can't hold YOUR "on" button hostage in order to compel you to agree to their additional terms.

      This may almost all be moot as software has largely moved beyond consisting of merely a physical copy, but often now depends on access to online services. Access which in fact DOES require permission to access somebody elses computer system.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
  2. And this slashdot article... by jeffmeden · · Score: 4, Funny

    If 1000 people each spend 5 minutes reading TFS, skimming the comments, and trolling a little here and there, that's 3.17 days *demanded* PER article! A dozen articles a day, and that's like a zillion DAYS A DAY!

    Hyperbole much?

  3. and then again how long are US bills and laws? by Anonymous Coward · · Score: 3, Insightful

    and then again how long are US bills and laws?

    1. Re:and then again how long are US bills and laws? by Beorytis · · Score: 4, Insightful

      Ignorantia juris non excusat

    2. Re:and then again how long are US bills and laws? by N0Man74 · · Score: 5, Interesting

      My girlfriend showed me her divorce papers. The paperwork determining ownership of their house, belongings, financial obligations, and custody of their children was far shorter than what I was asked to read for an updated EULA on Netflix, so I could simply watch another episode of the IT Crowd...

    3. Re:and then again how long are US bills and laws? by balbus000 · · Score: 2

      Here, I think this is yours: <

    4. Re:and then again how long are US bills and laws? by GodInHell · · Score: 3, Informative

      Now you can sleep soundly without worry.

      Not unless you've killed all the clowns and grounded the black helicopters he can't!!!

  4. Beginning Phase Two of Evil Plan by eldavojohn · · Score: 2

    If 1000 people each spend 5 minutes reading TFS, skimming the comments, and trolling a little here and there, that's 3.17 days *demanded* PER article! A dozen articles a day, and that's like a zillion DAYS A DAY!

    That's nothing! Have you seen any of my book reviews? Between Bennett Haselton and myself we're destroying English speaking civilization one inane wall of text at a time. Muahahahaha!

    --
    My work here is dung.
  5. Get Over It by Jawnn · · Score: 2

    " The more I think about it, Old Billy was right ...
    -- The Eagles

  6. Why click without reading? by Rob+the+Bold · · Score: 5, Insightful

    Well, is there any point in reading a EULA or any other online agreement? Seems like every one I've even skimmed has a provision that the agreement can be unilaterally changed -- by the company, not the consumer -- at any time simply by posting a new version somewhere. It's the consumer's responsibility, according to the agreement, to periodically check back and diff the two versions to see if there's something added/deleted/changed. So you might as well click, because even if you are OK with the terms, they can change at any time. Read it or not, the agreement you virtually signed today can be something different tomorrow. The one you read is only valid for the time it takes you to read it.

    --
    I am not a crackpot.
    1. Re:Why click without reading? by BoRegardless · · Score: 3, Informative

      Microsoft convinced me they do NOT want me to read their EULA!

      I was upgrading online and decided to read the EULA. I read and read and read and finally they disconnected me from the upgrade window for lack of activity.

      Don't think I got half way through the EULA, let alone understanding what I read or its implications.

      And Microsoft no doubt wonders why I distrust them. They certainly distrust me. This dooms companies

  7. Fascinating by wonkey_monkey · · Score: 3, Interesting
    So, a small number multiplied by a big number results in an even bigger number. Incredible!

    that's 138 lifetimes a day!

    Er, right. Is that a lot? It could have been anything and I would have failed to be surprised, since I had no prior impressions on the subject. Telling us that a human's blood vessels would stretch to the moon and back (or whatever it really is) is interesting and surprising because we know how big a space they're usually crammed into. This is just numbers.

    --
    systemd is Roko's Basilisk.
  8. I think you are onto something here. by neoshroom · · Score: 5, Funny

    I think you are onto something here. Clearly, we have to introduce gripping story-lines into EULAs to make them into a new art form worthy of taking the time to read:

    "Adobe products are not sold; rather, copies of Adobe products, including Macromedia branded products, are licensed all the way through the distribution channel to the end user," Samantha said, stripping off her blouse. A voice echoed back to her through the open window on the street below, "UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH ADOBE THAT CONTROLS AND ALTERS YOUR USE OR DISTRIBUTION OF THE ADOBE PRODUCTS, THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENTS BELOW APPLY TO YOU." She gasped and lunged for the pistol.

    ___

    --
    Big apple, new Yorik, undig it, something's unrotting in Edenmark.
    1. Re:I think you are onto something here. by NatasRevol · · Score: 3, Informative

      That's not a pistol!

      --
      There are two types of people in the world: Those who crave closure
  9. Statistics by Hentes · · Score: 2

    It doesn't work the way you think it does.

  10. It could be worse by Revotron · · Score: 3, Funny

    Everybody could take the time to read all of the inane rambling bullshit that timothy clutters the front page with. Then we'd really be wasting time.

    In other news, if you buy a $1 candy bar every Sunday, that's $52 a year! But wait, there's more. If everybody in Detroit, MI bought a candy bar every Sunday, that would be $36,742,420 a year! And if they bought THREE candy bars, then OMG! That's $110,227,260 per year! And OH EM GEE, IF THEY PAID 7% SALES TAX THAT WOULD BE $7,715,908.20 IN TAXES A YEAR FROM CANDY BARS!

    ERMAHGERD, NERMBERS!

    1. Re:It could be worse by sp332 · · Score: 2

      But you're not legally liable to buy a Snickers bar, whereas you are legally bound to follow the terms of the EULA. It's not optional.

    2. Re:It could be worse by Anonymous Coward · · Score: 3, Insightful

      Good luck getting your money back if you bought it. That is the real crime here.

  11. Insanity should not be respected... by PortHaven · · Score: 5, Funny

    I click, because if I am ever sued over an EULA, I will demand a jury. And demand that the jury read the EULA. I will then provide them an updated EULA before the trial is over. And demand they read that as well. If I feel the jury is still, not convinced of the fact that EULAs should be non-enforceable. I will provide a third update.

    If I lose my case, then I know this world is so utterly insane....that what I do doesn't really matter. And I will ensure the publisher of the EULA is eradicated from this insane holo-simulation.

    1. Re:Insanity should not be respected... by PortHaven · · Score: 2

      Likewise, another argument. I email every one who send me email, that in order to do so, they are subject to a license agreement in which their very souls become my possession, and all material possessions - and since companies are people too, they are subject as well.

      Since Adobe sent me an email after I sent them the license notification. They are now subject to my license terms. Yes, it's stupid. But it's essentially what EULAs do.

  12. Uh... no. by mark-t · · Score: 2
    I don't doubt that a good majority of people do simply click the check-box, and ignore the EULA...

    The article then goes to use some creative math to imply that it must be virtually impossible to accomplish by assuming it takes 10 minutes to read, multiplying that by 8 million downloads per day, and then converting that to years, saying that it works out to 1522 years

    However... this is wrong.

    It's bad math. Bad in the sense that it ignored significant figures, and bad as anyone who respects dimensional analysis can affirm.

    10 minutes to read the EULA multiplied by 80 million users per day simply equals 80 million user-minutes per day.

    The number of minutes per year can be easily calculated by multipying 60 times 24 times 365.25 = 525,960 minutes per year.

    If we divide 80,000,000 user-minutes per day by 525,960 minutes per year, the result is in man-years per day, and is roughly 152.1. This figure is a full order of magnitude less than the figure they claimed. It's obvious that they slipped up on a decimal point somewhere.

    However... 152.1 man-years is not the same thing as 152.1 years. And since that's still being split across 8 million people, it ends up still coming out to that same old 10 minutes per person. Many of them would simply have to be happening simultaneously, of course.

    Again, however, I'm not suggesting that many people actually read the EULA or even that most people read it... only pointing out that the apparent absurdity that it could not reasonably happen is actually a deduction based on a fallacy. 80 million minutes works out to This sounds like a lot... but remember, again... that's split across 8 million people, so each one of them would still only take 10 minutes to read it.

  13. 8 million A DAY? by argStyopa · · Score: 2

    8 million a day seems a little absurd.

    There are only 7 billion people on the planet, and the vast majority of them don't dwell on the internet.

    For those who do, I'd guess that they watch a youtube video once and voila, they don't need to install flash again*.

    *Then again, it does seem like adobe patches air, pdf, and flash 600 times/day (for functionally the same bloody software that's been installed for 10 years...), so maybe the math DOES work out.

    --
    -Styopa
  14. wishes by spottedkangaroo · · Score: 2

    I wish this would go ahead and get popular, work, or be useful: http://tos-dr.info/

    --
    Imagine if you weren't allowed to use roads because a bus company complained about your driving 3 times. --skunkpussy
  15. Scraping the barrel today, aren't we? by gallondr00nk · · Score: 2

    OMG! Imagine how many years have been wasted to like, fucking Atlas Shrugged man.. If everyone who read it took like, 30 hours to read it that'd be like, a million years in wasted man hours. Whaooo...

    It reminds me of those anti piracy studies that take some figure out of their ass, multiply it by the number of downloads of Rihanna albums on a few BT trackers and then claims that's what they've lost in revenue this year.

  16. Summary by jones_supa · · Score: 2

    Would it be possible to make a human-readable short summary of the core idea of the particular EULA, followed by the actual text?

    For example: "By accepting these terms, you agree not to disassemble, modify or redistribute this software. It is provided to you as is, without any warranty. For details, the complete end user agreement follows."

  17. Re:Is such a contract enforceable? by aedil · · Score: 2

    There is also the notion that an EULA bears only explicit agreement from one party, which generally isn't enough to call it a true contract in writing. A unilaterally binding agreement is not really a contract in the strictest sense. When combined with the actual act of purchasing, one could try to argue that the entire transaction (that concludes with the agreement to the EULA) constitutes some form of contract, but I doubt that in a legal sense that would be held up as a broad interpretation of the contract concept.

    I know of at least one situation where a contractor had a customer sign his agreement that stated that the customer would pay a certain amount for work listed on the agreement. There was a dispute over the work, the agreement was brought into evidence, and rendered invalid as a contract because (1) the customer never got a copy of the agreement he signed, and (2) the agreement did not contain a signature of the contractor or representative.

  18. it times out before you finish reading it by Dr.+Evil · · Score: 2

    I read through the iTunes EULA and gave it a good think. Then when I returned to my computer to press "I agree" it told me my session timed out.

    I could start again, but how can I be sure that the EULA didn't change?

    I wrote Steve Jobs (when he was alive), asking how it could be legally binding if it was impossible to read and click on?

    No response.