EULA Be Sorry!
The long legalease that accompanies most software could be a hidden danger
Monday, May 09, 2005
BY : Brian Ashe
Life is complicated. We have forms to fill out, procedures to follow, too much to do and too little time to do it in. While this usually just raises our stress levels or causes us to "veg" in front of the television for a couple of hours to unwind (when that is possible), it also means we have a tendency to not always look before we leap. Especially when we don't think there could be any danger there.
For instance, what could possibly be in one of those long diatribes of legalese that come with most software that could be a danger?
First you have to understand a little bit of background. All software is automatically protected by Copyright Law. There are additional means of protection from patents, but that doesn't matter for this discussion. Under copyright law, there are some basic tenets that determine what you can do with copyrighted material. The most basic of these is the idea of "copying". This sets up the who, what, when, where and how a copyrighted material can be reproduced. There is also the provision that those rights (for each side of the agreement) can be waived or extended by contract. The most common of these in software is "use" or what you can actually "do" with what you have purchased or received.
You also have to understand that you don't actually "buy" software. You license it. This means that you pay money (this is not required) to enter into an agreement with the software publisher for permission to use the software. This is often called an "End-User License Agreement" (EULA; pronounced "yoo-lah" to those familiar). Almost every piece of software you encounter in stores or on the Internet has one of these attached.
To those of you that this doesn't seem familiar, I can assure you that you have seen them. A lot. These usually show up during the install routines of every software package that you buy or download. Even if it was free, you have probably agreed to something to start using it. To you it has just been another of those "Yes, yes, just put it on my computer so I can use it!" buttons that you encounter during the install routine. However, you did just agree to a contract. Shame on you for not reading it. Your lawyer would not be happy.
Now, most reputable software companies don't put anything that will force you into indentured servitude or take away your first-born or anything that dramatic. [OK, to date no one has invoked a clause like that.] However, they have often put limitations such as saying that you can't use the program to create a document that says something critical of the program, or that you can't publish benchmarks on how it performed for you or other "gag order" types of things. You have agreed to every one of those conditions whether you know it or not. That one click on "I Agree" is a legal binding contract.
While the above mentioned limitations and conditions probably won't keep you awake at night, there are some programs that come with much more ominous conditions. Most of the time these are within those "free" programs that you download because they seem so cool at the time. Many of those "free" cursors, screensavers, download managers, search bars, etc. all tag along conditions that allow unscrupulous companies to do things that you would never allow (at least if you've been paying attention).
So just what are they getting out of this relationship with your computer and you? Some of the things that people have given up for the use of a little bit of free software are :
- Software distributed along with a popular file sharing program at one time allowed another company to use all of the connected computers as it's own content and advertising delivery network.
- Another company was distributing software that included in it's EULA; "In addition, you further understand and agree, by installing the Software, that the COMPANY and/or the Software may, without any further prior notice to you, remove, disable or render inoperative other adware programs resident on your computer, which, in turn, may disable or render inoperative, other software resident on your computer, including software bundled with such adware, or have other adverse impacts on your computer."
- Many programs include verbage similar to "automatically update the Software and install added features or functionality or additional software conveniently without your input or interaction, sometimes from third parties"
- Most adware / spyware will send you to places you didn't know you were about to go to when you type in search terms or go to particular web sites
- Some even have you agree to the storage of very privileged information (credit card numbers, social security numbers, etc.) into what are basically insecure applications "for convenience"
So while some of these "free" packages may seem like a fun little diversion from the monotony of balancing your checkbook or finishing that report that's due tomorrow morning, you may have not only just "infected" your computer with, often, shoddy software, you may have also agreed to letting someone take near complete control of your computer... legally.
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