03-16-2005, 09:00 AM
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Swami
Join Date: Feb 2004
Posts: 4,303
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Click Here to Agree?
"If cars were sold under the same terms as software, the chances are we would all be walking to work. This is because almost every computer program is installed on condition that you accept onerous terms that you would reject if they were applied to anything else. For instance, if your car was sold to you under similar terms you would not be able to talk about its poor mileage down the pub with your mates, and would have to get the permission of the car maker every time you changed radio station or another member of your family drove it. And don't even think about putting car seats in the back for your kids or adding a roof rack - if you don't want to void the warranty that is."
This BBC news article about impenetrable End User Licence Agreements (Eulas), points out that it's an issue that's now really starting to get public attention. Various campaigns are ongoing to draw the people's attention to the problems inherent to agreeing to terms before you can install software. US politicians have also threatened to draw up laws that make software developers liable for shoddy programs. It's a very complex area and I'm sure we hear a lot more about this sort of thing in the future. How many of you guys actually read the Eula before installing new programs?
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03-16-2005, 09:18 AM
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Developer & Designer, News Editor Emeritus
Join Date: Aug 2006
Posts: 12,959
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This post reminds me of the poll Ed had conducted last month. It's great seeing the results. There aren't many that actually do read the EULA.
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03-16-2005, 09:18 AM
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Ponderer
Join Date: Aug 2006
Posts: 77
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That's easy to answer: Never. 
__________________
Regards from Germany
Jochen aka Spenser
iPAQ 4700, BT GPS-Receiver GNS 5843
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03-16-2005, 10:11 AM
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Thinker
Join Date: Aug 2006
Posts: 330
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I find reading the EULA is usually so long winded and complicated that you need a lawyer sitting with you when you are trying to decipher it.
Plus the reason you want to install the software in the first place is becaue you need to use it so you end up clicking agree anyway.
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03-16-2005, 10:25 AM
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Swami
Join Date: Feb 2004
Posts: 4,303
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Quote:
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Originally Posted by wocket
Plus the reason you want to install the software in the first place is becaue you need to use it so you end up clicking agree anyway.
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Yes, which is the whole point. You want the software, so it would have to be something extremely bad to stop you installing it. However, it's inevitably only after you install it that you find the problems. :?
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03-16-2005, 01:13 PM
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Philosopher
Join Date: Jan 2003
Posts: 539
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i've only read the EULA once: when i installed a p2p program. i wanted to make sure there's no "i agree to have my computer infested with spyware/adware".
when it's from a "respectable" software house, i usually trust them to do things right !
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03-16-2005, 03:03 PM
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Executive Editor
Join Date: Aug 2006
Posts: 29,160
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I read the EULAs for all software that I know I'll want to have on multiple computers: I look for what the developer says about having it installed on more than one computer. I always laugh at developers who think people are going to buy one copy of the software for every computer they own - I'm all for supporting developers, but there's no way I'm going to buy a copy of the same software three times to get it on my PC and two laptops... :roll:
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03-16-2005, 03:12 PM
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Swami
Join Date: Feb 2004
Posts: 4,303
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Quote:
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Originally Posted by Jason Dunn
I'm all for supporting developers, but there's no way I'm going to buy a copy of the same software three times to get it on my PC and two laptops... :roll:
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Agreed, though I do think it is good that Apple are offering the X 'Tiger' upgrade for �100 for a single license, or �169 for a 5 pack 'Family license'.
Some companies like Adobe allow you to install e.g. Photoshop on a desktop and laptop, as long as you only use one copy at a time. That seems fair.
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03-16-2005, 03:13 PM
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Intellectual
Join Date: Dec 2004
Posts: 135
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Quote:
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Originally Posted by dMores
when it's from a "respectable" software house, i usually trust them to do things right !
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Ah, but there's the rub. Have you seen some of the stuff they actually put in EULAs, such the Microsoft death clause?
Quote:
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10. NOTE ON JAVA SUPPORT. THE SOFTWARE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
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Not only that but most of the time you don't see the EULA until after you have removed the shrink wrap.
Do you know that by simply turning on your new preloaded Windows based computer you are automatically accepting the EULA?
Read the EULA, you may be surprised at what you are agreeing to. Then, if you have the money, hire a lawyer and save us all! 8O
<edit> Oh crap, now I need a lawyer because I discussed Microsoft's EULA without permission. Thankfully I'm a member of EFF.</edit>
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03-16-2005, 06:27 PM
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Intellectual
Join Date: Jul 2003
Posts: 221
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This is a topic that really does need serious investigation.
IMO though it should be expanded to all computer related software and data that have a cruddy EULA - including "we will kill your firstborn if you let anyone else hear this" music EULAs.
What's wrong with:
1) Products must be fit for the purpose they're sold for
2) As long as you don't distribute it, you can do what the hell you want with it.
Neither of which tend to apply in these crooked EULAs
You know, the same sort of rules that apply to physical goods...
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