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Looking For a Good International EULA
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By Ed Foster, Section EULA Reviews
Posted on Tue Apr 18, 2006 at 12:08:47 AM PDT
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If a software company is doing business internationally, does that mean it has to have one of those long, convoluted license agreements in order to protect itself in all the legal circumstances that it may encounter? I don't know the answer, but for reasons that are not entirely clear to me, it seems to be a question that's coming up more and more.
(36 comments, 522 words in story) Full Story
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FEULA .90.1
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By Ed Foster, Section EULA Reviews
Posted on Fri Mar 25, 2005 at 12:20:54 AM PDT
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Here’s the next version of the FEULA. The changes reflect the suggestions we had in the discussion of the first version and are mostly in paragraphs #1 and #2. But there are many open issues, so post any comments you would like to contribute below.
(39 comments, 665 words in story) Full Story
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Fair EULA, Beta Version
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By Ed Foster, Section EULA Reviews
Posted on Fri Feb 25, 2005 at 12:17:07 AM PDT
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As I explain in detail in my upcoming column, I think it's now time to take comments from all sides on the FEULA, my model fair EULA. So the following is the beta version of the FEULA as I've written it so far with input from a number of expert sources. The goal here is to design a complete set of software licensing terms that is equitably balanced between the needs of software publisher and software customer. How close do you think this comes to reachig the right balance point? What suggestions do you have for things that could be added, subtracted, or re-worded to make it better? You can write me with your comments at Foster@gripe2ed.com, but I would prefer - particularly for any specific changes you want to propose - that you post them below so others can sse and respond to your idea. As we go, this story can be found in the EULA Reviews section of my website after it's no longer on the GripeLog home page.
(77 comments, 801 words in story) Full Story
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Hilton High-Speed Internet Service Agreement
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By Ed Foster, Section EULA Reviews
Posted on Thu Feb 10, 2005 at 01:00:20 AM PDT
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A reader writes:
"I read your most recent column with more than my usual interest, as a weekend experience had ensured that I would write you. I stayed at a Hampton Inn as part of a ski weekend. One of the reasons to choose this hotel over others in the area was the promise of high-speed Internet access, as I had need to work one evening during my stay. Upon connecting my computer to their network, I was confronted with their use policy. I then noticed that Hampton Inn is a Hilton subsidiary, so I actually read their policy first. While Hilton Hotels Corporation (HHC) may have changed their policy on the website for those wanting to book rooms over the internet, that same type of language described in your column last summer still appears in their ‘High Speed Internet Access Service -- Service Usage and Information Agreement.’ Is this not the same stuff that caused such a firestorm of protest that HHC removed said language from their website?"
Below is the Hilton/Hampton Inns broadband agreement as the reader copied it in his hotel room in January 2005:
(13 comments, 7546 words in story) Full Story
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Model EULA Candidate #2: FastCAD
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By Ed Foster, Section EULA Reviews
Posted on Mon Nov 29, 2004 at 08:27:22 AM PDT
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Here is the EULA for FastCAD as posted by Evolution Computing on 11-28-2004. As I've noted, I think it and the Code-It EULA make for a good start on a model fair software license agreement. Look it over and post your comments below. -- Ed Foster
(2 comments, 1124 words in story) Full Story
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Battle of the Forms
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By Ed Foster, Section EULA Reviews
Posted on Mon Nov 08, 2004 at 11:25:34 AM PDT
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As described in my "Countering Sneakwrap" column, below is Professor Woodward's "Battle of the Forms" paper. It includes the dispute resolution terms from the Sprint user agreement that he was countering and the form he created to do so. -- Ed Foster
(15 comments, 4259 words in story) Full Story
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Hilton's Semi-Historical Privacy/Website Terms
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By Ed Foster, Section EULA Reviews
Posted on Tue Oct 12, 2004 at 12:23:30 AM PDT
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The following is the document that on June 21, 2004 was serving as both the "Privacy & Security" policy and the "Site Usage and Information & Security Agreement" for Hilton.com and Conrad, Doubletree, Embassy Suites, Hampton Inns and various other Hilton affiliates. As I've noted, on or about July 1st Hilton introduced a more liberal privacy policy, and excised the privacy section (Section IV in the following document) of their website usage terms. As of October 11, 2004, Hilton's privacy policy is much closer to the standard in the hotel industry than the previous policy. But I believe Hilton's website usage policy, even minus the previous Section IV, is still the worst ToS (Terms of Service) I've seen for any major corporation doing business on the Internet. I invite you to review Hilton's past and present "agreements" and post your comments below.
(6 comments, 8286 words in story) Full Story
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Model EULA Candidate #1: Code-It Software
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By Ed Foster, Section EULA Reviews
Posted on Fri Oct 08, 2004 at 08:23:49 AM PDT
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Here is the EULA for Code-it Software as posted on Oct. 7, 2004. As I've noted, I think it's a good start on a model fair software license agreement. What do you think? Post your comments below. -- Ed Foster
(8 comments, 1047 words in story) Full Story
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Copy Protection Terms: Adobe vs Autodesk EULAs
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By Ed Foster, Section EULA Reviews
Posted on Sun Sep 26, 2004 at 01:42:07 PM PDT
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The single issue I've wrestled with most in fashioning in this initial EULA comparison is over which criteria to use in judging licensing language about copy protection. Should we automatically deduct points for the very presence of any form of DRM? If there is copy protection, what should the license say about it, or is the least said the better? The Autodesk and Adobe EULAs give us a good opportunity to discuss this issue, because they take very different approaches to what they said about their product activation.
(8 comments, 844 words in story) Full Story
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