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October 8th, 2009

It's time to bring the EULA madness to an end!

Posted by Adrian Kingsley-Hughes @ 6:51 am

Categories: Legal

Tags: EULA, Honeyball, Adrian Kingsley-Hughes

Why is it that every time I install a bit of software that I end up having to trawl through, or ignore, pages upon pages of seemingly meaningless legal gobbledygook collectively knows as the End User Licensing Agreement, or EULA?

Seriously, does software need to come with an elaborate “Licensing Agreement” in the first place? OK, maybe it does, but does that agreement need to be more than a few paragraphs long? A page at most? I’m pretty sure that if you can’t condense everything important down into a few hundred words, then something’s seriously wrong. The current EULA for Windows Vista SP1 jabbers on meaninglessly for a page on “Validation,” two pages on “Internet-based services,” and half a page on MPEG-4 and VC-1 standards.

Who cases? I know I don’t!

Do you read EULAs?

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I’ve bought things, sold things, conducted business deals and even out my life on the line (or other people’s lives on the line) based on far fewer legal words that I have to endure when installing software. I can’t think of a single aspect of my life that’s as dominated by meaningless legalese as installing software.

Note: OK, some of you are bound to point out other jargon and legalese-ladened areas of life, such as finance, tax and insurance. OK, I accept that, but these areas are usually quite self-contained, and it’s actually worth paying for professional advice. Am I expected to consult a lawyer each time I install a piece of software? Give me a break …

The truth is that the EULA isn’t meant to be read by the end user. In fact, companies make it deliberately difficult for users to know what they are agreeing to. Take a look at this EULA for Microsoft’s Windows Media Center, as uncovered by PC Pro’s Jon Honeyball:

Here you have the EULA spread over an insane 69 pages. Honeyball describes this as “entrapment,” and I have to agree with him. Imagine if you were sent a legal document through the mail, but that document was shredded into tens of pieces. Would you read it? Would you agree to it? Would you feel it was fair? This is just one of hundreds of dirty tricks aimed at getting you to hit “I agree” without knowing what you are really agreeing to.

Do you understand EULAs?

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It’s time to bring the EULA madness to an end!

  • If it can’t be said in a few sentences, it doesn’t need saying!
  • If it can’t be said in plain speak, it doesn’t need saying!
  • If it can’t be said without hyperlinking to more jargon and legalese,  it doesn’t need saying!
  • If the EULA can’t be presented in such a way as to make it easy for the end user to read, it doesn’t need saying!

Thoughts?

Adrian Kingsley-HughesAdrian is a technology journalist and author who has devoted over a decade to helping users get the most from technology. He also runs a popular blog called The PC Doctor. See his full profile and disclosure of his industry affiliations

Want to get in touch? Got a tip? Feel free to drop me a note! I ALWAYS respect anonymity. I'm also on Twitter (@the_pc_doc)

Right to Reply: Should any industry representatives wish to comment on any posts on Hardware 2.0, I will be happy to publish their reply verbatim on this blog.

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  • Talkback
  • Most Recent of 119 Talkback(s)
RE: It's time to bring the EULA madness to an end!
For most needs I use Linux + it?s software, and FreeDOS + it?s software. And for those times I need to use a commercial app, I run it?s EULA through Eulalyzer. That way I get in short, understandable format, everything the EULA says and I can see if there?s something bad snuck in there.... (Read the rest)
Posted by: Ptero.4@... Posted on: 12/11/09 You are currently: a Guest | | Terms of Use
My gripe with EULA is when I'm patching software.  ye | 10/08/09
Its the dawn lawyers...:-(  MLHACK | 10/08/09
Shakespeare  zclayton3 | 10/08/09
Read the rest of the play  cmkconsulting | 10/08/09
Best line in the play  Dippncope | 10/08/09
I shun Google  nikacat | 10/08/09
There's reasons for that...  sailor_0703 | 10/10/09
There should be EULAs on web sites  chro4@... | 10/30/09
I may be wrong....  James T. Kirk | 10/08/09
You're not wrong.  ye | 10/08/09
Besides...  sailor_0703 | 10/10/09
That is not as annoying as..  eqpc | 10/08/09
Agreed. And it's why I don't believe those who say it was...  ye | 10/08/09
They have had automatic reboot upon timeout of the display.  Patanjali | 10/08/09
"The first thing we do, let's kill all the lawyers".  pmcgrath@... | 10/08/09
Do you understand the context of that quote?  msalzberg | 10/08/09
The wonderful thing about the English language  frgough | 10/08/09
funny thing  steeleblue_cactus | 10/08/09
And yet those same lawyers  GuidingLight | 10/08/09
Actually...  Confused by religion | 10/08/09
Context of quote  wcollar@... | 10/08/09
Do you? I think not.  zclayton3 | 10/08/09
The context is more than just the few lines...  msalzberg | 10/08/09
I'll bet you correct peeplez speelign two...  FrankleeMiDeer | 10/08/09
So misunderstanding is good?  compudog | 10/09/09
Yes, I know it is taken out of context...  pmcgrath@... | 10/09/09
Now the bloggers are quoting Shakespeare. Great!  compudog | 10/08/09
It's a basic CYA for the companies  Norcross | 10/08/09
RE: It's time to bring the EULA madness to an end!  Loverock Davidson | 10/08/09
Come on ZDNet employee Loverock. You can do better  CounterEthicsCommissioner-23034636492738337469105860790963 | 10/08/09
RE: It's time to bring the EULA madness to an end!  phleroy | 10/08/09
Not about "using" the software.  DevGuy_z | 10/08/09
Yep, Adrian was just trolling with this post  markbn | 10/08/09
Who's Lazy? Who is a time thief?  john@... | 10/14/09
First thing you do it kill all the Lawyers.  Fark | 10/08/09
If I don't agree to EULA, can I have my money back?  wildtaterhead | 10/08/09
And isn't that nice, when the EULA is INSIDE the damned box?  James T. Kirk | 10/08/09
This is why EULAs need to be replaced  Michael Kelly | 10/08/09
Yes, I always go shopping with a Lawyer.  Zogg | 10/08/09
re: This is why EULAs need to be replaced  none none | 10/10/09
I always wondered  voyager529 | 10/08/09
Legible?  plumnilly | 10/09/09
Which is more difficult?  voyager529 | 10/11/09
Don't blame the company  frgough | 10/08/09
Eh.. let's blame them both.  James T. Kirk | 10/08/09
I am with frgough on this one  GuidingLight | 10/08/09
That's not what frgough said  none none | 10/10/09
I read someplace  don3605 | 10/08/09
RE: It's time to bring the EULA madness to an end!  durretjd@... | 10/08/09
A bigger problem -- Contents of EULA  alokgovil | 10/08/09
Mechanical Failure  lazerousz | 10/08/09
The issue with warranty  Joe_Raby | 10/08/09
because  steeleblue_cactus | 10/08/09
Not quite.....  Ole Man | 10/08/09
Here's another poll question  j.m.galvin | 10/08/09
RE: It's time to bring the EULA madness to an end!  Sunon@... | 10/08/09
FEDERAL TRADE COMMISSION & MAGNUSSON-MOSS ACT  Rick_R | 10/08/09
RE: It's time to bring the EULA madness to an end!  neverhome | 10/08/09
Let's bring licensing, version, and activation madness to an end!  rsmith187 | 10/08/09
I agree, and I often question if they are even legal.  No_Ax_to_Grind | 10/08/09
Interesting place to live!  rahbm | 10/08/09
Back to Borland!  dumptux | 10/08/09
The Borland no-nonsense agreement has always been my favorite  rsmith187 | 10/08/09
Activate?  Ole Man | 10/08/09
Yes.  msalzberg | 10/08/09
Re; Borland's No-Nonsense License . . .  hkommedal | 10/08/09
RE: It's time to bring the EULA madness to an end!  Vesicant | 10/08/09
How is that the same thing?  Zogg | 10/08/09
RE: It's time to bring the EULA madness to an end!  dbarr@... | 10/08/09
Amen!  davidthomas@... | 10/08/09
RE: EULA - Blame IBM!  TAPhilo | 10/08/09
EULA  Karusai | 10/08/09
You can always switch to open source.  Henry Miller | 10/08/09
Why should I have to?  jbfleischauer@... | 10/08/09
You don't have to.  Henry Miller | 10/08/09
Not a big deal if you're the average customer  Ken_z | 10/08/09
I know what the EULA means.  FrankleeMiDeer | 10/08/09
RE: It's time to bring the EULA madness to an end!  vertago1@... | 10/08/09
If only we had some recourse when the software crashes..  walter2 | 10/08/09
Why do you post this dreck?  Duke E. Love | 10/08/09
RE: It's time to bring the EULA madness to an end!  The Rifleman | 10/08/09
You won't like it if your hard work to make a living was stolen from you!  plumnilly | 10/09/09
Screwdrivers  The Rifleman | 10/10/09
RE: It's time to bring the EULA madness to an end!  sedelson | 10/08/09
Eulalyzer  mvpgoblue | 10/08/09
In-box EULA  c_hirst@... | 10/08/09
Something worth protecting  jragosta | 10/08/09
re: Something worth protecting  none none | 10/10/09
He wasn't talking about YOUR rights!  Ole Man | 10/11/09
RE: It's time to bring the EULA madness to an end!  striker333 | 10/08/09
Government EULA madness!  Recce1 | 10/08/09
Sometimes...  TheITStranger | 10/08/09
Agree (nt)  roaming | 10/08/09
Make it a "sale" and not a licence  deaf_e_kate | 10/09/09
This is EXACTLY the answer  daengbo | 10/09/09
re: Make it a "sale" and not a licence  none none | 10/10/09
Exactly precisely correct  Ole Man | 10/11/09
All right I am in the 3% WHY  Altotus | 10/09/09
Are you a lawyer with speed-reading skills?  djchandler | 10/09/09
RE: It's time to bring the EULA madness to an end!  Little Fava | 10/09/09
RE: It's time to bring the EULA madness to an end!  Bozzer | 10/09/09
re: RE: It's time to bring the EULA madness to an end!  none none | 10/10/09
It's definitely time to bring the EULA madness to an end!  TonyOz | 10/09/09
The MS police don't bang on the home user's door...  tek_heretik | 10/09/09
RE: It's time to bring the EULA madness to an end!  deadguy69@... | 10/09/09
I like the ones that put spywre crapware on  chro4@... | 10/30/09
RE: It's time to bring the EULA madness to an end!  arthurhaglund@... | 10/09/09
RE: It's time to bring the EULA madness to an end!  eco_delsol | 10/09/09
Its for when they want to sue you  ksarkies@... | 10/09/09
RE: It's time to bring the EULA madness to an end!  blackfirenova@... | 10/09/09
RE: It's time to bring the EULA madness to an end!  8007342 | 10/09/09
Really...  sailor_0703 | 10/10/09
There are those who are eager  Ole Man | 10/10/09
re: Really...  none none | 10/10/09
RE: It's time to bring the EULA madness to an end!  leary@... | 10/12/09
It need to be explained BEFORE you buy!!!  nazarenorodrigues@... | 10/13/09
RE: It's time to bring the EULA madness to an end!  NCWeber | 10/14/09
You've got a point..  vivekbernard | 10/14/09
RE: It's time to bring the EULA madness to an end!  Ptero.4@... | 12/11/09

What do you think?

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