Article of the Week: Does Anyone Actually Read Software EULAs?

Title: Does Anyone Actually Read Software EULAs?

Author: Jeff Attwood

Description: Jeff relates his thoughts on the insanity that is an End User License Agreement.

My Favorite Quote:

"Clickwrap and shrinkwrap agreements all start with the phrase READ CAREFULLY, in caps. The phrase means, "IGNORE THIS." That's because the small print is unchangeable and outrageous.

Why read the "agreement" if you know that:

 

  1. No sane person would agree to its text, and
  2. Even if you disagree, no one will negotiate a better agreement with you?"
The above quote is in Jeff's article but is in Cory Doctorow's article: Shrinkwrap Licenses: An Epidemic Of Lawsuits Waiting To Happen


Published Tuesday, June 26, 2007 8:09 AM by Tod Birdsall
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Doug Campbell said:

I used to read all of them about 2 years ago or so, then I progressed into skimming, now I ignore them for the reasons you list above and because they are so long now.
July 6, 2007 8:59 AM
 

Scott Fletcher said:

Crazy clauses in car rental contracts can be overturned in court. I wonder if sections of EULA's fall into this category: http://en.wikipedia.org/wiki/Unconscionable Specifically (from the Wikipedia article 2007-08-14): "Procedural issues that a court could consider include a party's lack of choice, superior bargaining position or knowledge, and other circumstances surrounding the bargaining process." I am thankful that I have not needed to address this legal issue!
August 14, 2007 12:01 PM
 

Tod Birdsall said:

Scott: That reminds me of "crazy" non-competes that are too restrictive. They prevent the individual from earning a living and they get overturned in court. What a pain.

August 14, 2007 12:44 PM

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