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Reader Voices: Terms of Abuse

By Ed Foster, Section The Gripelog
Posted on Tue Jun 01, 2004 at 09:41:18 AM PDT

The comments are still coming in about the nastiest of nasty license terms we lloked at in my recent column, and readers are contributing more examples of their own. But one reader raised issues about the bigger picture.


"Some EULA provisions that you highlight are truly amusing anecdotes of a legal system gone haywire," the reader wrote. "Companies large and small are turning our legal system upside down and inside out in order to penalize legitimate users like myself. I can and do vote with my dollars by supporting companies that refrain from such tactics, but that is becoming increasingly difficult to do. The big players are already on the EULA and DRM bandwagon -- with their take-it-or-leave-it attitude I might add -- and smaller players will continue to jump on board as the technology to remotely enforce DRM and EULAs matures.

"It disturbs me to say that this trend will only get worse because most consumers are too complacent to care," the reader continued. "They click through EULA agreements automatically, simply as a now-familiar and requisite step in the install process. After all, who wants to spend another 30 minutes reading and interpret the EULA when all you really want to do is start using that great new software? Let's take a poll: How many times have you aborted the install process, repackaged the software, and marched it back for a refund because you read the EULA and don't agree with the terms?

"Website Terms of Use and Privacy Policies are no better, and again demonstrate how the legal system is being hijacked for the benefit of these companies," the reader the reader concluded. "Privacy Policies are a facade, being nothing more than 'Non-Privacy' statements when you actually read them. Companies will proclaim to safeguard your personal information and privacy, right up until the moment it is shared with third-party and "value-added" agents, who are most likely abroad and who most likely get this information the second you click the submit button. The typical consumer trying to engage in Internet commerce, banking, shopping, and other services must agree to these ridiculous terms and invasions of privacy because there is really no choice."

Ultimately, I think the question this reader is really posing is whether or not the marketplace can reward those with fair terms and punish the bad actors. It certainly can't when customers don't have adequate information about the terms vendors are offering, so let's see what happens if we change that.

< Comcast Seems Clueless About Blacklists | Bad Bloodlines >


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Reader Voices: Terms of Abuse | 8 comments (8 topical) | Post A Comment
Reader Voices: Terms of Abuse[ Reply to This ] (none / 0) (#1)
by Anonymous User on Tue Jun 01, 2004 at 11:08:58 AM PDT

Perhaps the trade press could take an active roll in this area. If vendors with poor EULAs received lower evaluation results, perhaps vendors with good EULAs would get more attention and more sales. This it too much to expect I suppose, but it might work.

[ Reply to This ]


Trade Press won't help[ Parent | Reply to This ] (none / 0) (#5)
by srynas on Thu Jun 03, 2004 at 09:36:56 AM PDT

PC Magazine ran a puff article on the "wonders" of activation. I have yet to see this "consumer" magazine do anything about educating anyone about consumr protection issues or even taking an editorial stand against industry practices that are detrimental to its readers. Clearly PC Magizine is addicted to its advertisers.

[ Parent | Reply to This ]


Restocking fee[ Reply to This ] (none / 0) (#2)
by Anonymous User on Tue Jun 01, 2004 at 11:35:08 AM PDT

I have never returned an item because I didn't agree with the terms in the EULA. However, If I returned an open item for such reason, I don't know whether I would be charged one of those restocking fee or not, or what recourse I would have against such a restocking fee!

[ Reply to This ]


Assumes you can return it[ Parent | Reply to This ] (none / 0) (#4)
by Anonymous User on Tue Jun 01, 2004 at 12:23:32 PM PDT

I bought a game for my son at Best Buy. It didn't work. I told them that I didn't agree with the click-wrap license -- they said that didn't matter, that their policy was clearly stated as no returns. Of course, the company that actually made the software was under bankruptcy at the time, so they didn't care, either.

There was a happy ending, though. On the way out of Best Buy, they gave me a customer survey - I won a gift card for 20 times the cost of the software. I gave my son his own account on my wife's linux desktop, and he happily plays "Penguin games," like gcompris and kq. No EULAs required.

[ Parent | Reply to This ]



Shrink wrap....[ Parent | Reply to This ] (none / 0) (#8)
by Anonymous User on Sat Jun 12, 2004 at 12:07:10 AM PDT

That's why I always keep a shink wrapper handy. I've returned plenty of software, music and games that I found to be useless. :-)

C. Wolff
wmax@linaeum.com

[ Parent | Reply to This ]



Uh... take software back?[ Reply to This ] (none / 0) (#3)
by Anonymous User on Tue Jun 01, 2004 at 12:04:39 PM PDT

Interesting. Used to be that if you bought it you could take it back. If you opened it... it's yours. Exchange for another copy only. Did something change? I had 3 copies of @#@$#@$ WinXP, one of which made great a(albeit pricey) coaster after I microwaved it. (Neat the way the edges crinkle) Since it slowed (VERY noticeably) every machine I had tried to install it on it was useless to me. General consensus... "If you didn't think you could use it, why did you open it? (pentium 4's with 1g ram) Hmm... Did I to mention virtually no drivers available for anything I ran? Win2k til they stop supporting it for us. Hopefully Linux will come of age by then.

[ Reply to This ]


Stupid Comment.[ Reply to This ] (none / 0) (#6)
by Anonymous User on Fri Jun 04, 2004 at 09:56:48 PM PDT

Was I the only one who thought that the previous comment was stupid and made no sense what-so-ever?

[ Reply to This ]


Re: Stupid Comment[ Parent | Reply to This ] (none / 0) (#7)
by dliesse on Tue Jun 08, 2004 at 11:09:02 AM PDT

Maybe so, maybe not, but a personally derogatory message like yours, especially posted anonymously, is out of bounds, in my opinion.

[ Parent | Reply to This ]


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