Man Finds $1,000 Prize in EULA

bhtooefr writes "When Doug Heckman was installing a PC Pitstop program, he actually read the EULA. In it, he found a clause stating that he could get financial compensation if he e-mailed PC Pitstop. The result: a $1,000 check, and proof that people don't read EULAs (3,000 people before him didn't notice it). The goal of this was to prove that one should read all EULAs, so that one can see if an app is spyware if it is buried in the EULA."

Chances are...

[hot_Karls_bad_cavern]

... we, the slashdotting community, will not be receiving an award for burning down their server. :(

After discovering the nastiness of the kazaa family back in the day, i've been much more careful about reading the EULAs - plenty of "iffy" programs have not been installed on my Windows machines because of the trash found in so many EULAs that apparently no one reads anymore! (or did they ever?)

'cept our newly enriched friend ... what's his name and email again? i'm his cousin ... and stuff.

Yeah Right!

[md17]

so that one can see if an app is spyware if it is buried in the EULA

Because all spyware apps include a EULA with "THIS IS SPYWARE" in big bold letters? People don't read EULA's because they are legal fluff and mean nothing to the average reader. I personally would like to see a standard, simple format for EULA's like credit card companies do with rate disclosures. Otherwise most users have no idea what they have just agreed to.

Great, but...

[t_allardyce]

Im pretty sure EULAs are not legally binding under the UK Consumer Rights Act (namely the bit that talks about fair legal contracts drawn up buy both parties on equal footing, and also statutory rights) anyone know better?

Personally I think this is a case where the government needs to protect the ignorant and at the same time protect me, because if the idiot masses don't read EULAs and allow their consumer rights to be chipped away, then mine will also be lost.

Re:$1,000 for reading all the way through EULAs?

[ackthpt]

To demonstrate, it gives the first paragraph from GAIM's EULA, seen here: "which will display Pop-Up, Pop-Under, and other types of ads on your computer based on the information we collect as stated in this Privacy Statement."

Which is why, EULA's aside, I don't install anything I don't understand. I try to keep a minimum of apps on my computer, uninstall what I'm not using and limit my internet connection time. Also helpful is a firewall that watches for any traffic, so I may be aware that something is gathering information (he who harvests my information, harvests trash) and trying to send it out.

Very good, but...

[Anonymous Coward]

It seems obvious to me that most software companies don't want you to read their EULA. They make it as difficult as possible to do so, by saving the best bits for last, by having large sections all in caps (likely a requirement for emphasis, but more difficult to read I find), and by having the EULA display windows as small as possible, so that excessive scrolling is necessary.

Re:Difficult

[LuSiDe]

The GPL is not an EULA afaik.

As you say: reading is one, understanding is two. Often related to each other, but not by definition.

What if you haven't read (for example) the GPL but understand it well enough to know: 1) the most important implications/rights to your work or the work you're using? 2) the very details? 3) what someone who's a lawyer explained to you in laymen terms? and all this due to translations of license (e.g. done with GPLv2, but not legally binding) or brief explanation in laymen terms (e.g. done with Creative Commons).

There are other paths than reading the actual license. They may cost more or less time, money, energy and may or may not be useful depending on situation (e.g. the license). Really depends. For example, reading the CC short explanation really saves time and i trust the author of it (Lawrence Lessig).

PS: GPLv3 will be translated to multiple licenses which versions will are legally binding. This was posted about in decembre or january at /. iirc with a link to eWeek.

Re:Reading every EULA?

[omahajim]

OK, so it took me just a few minutes more to find it [yale.edu] (not the slashdot story itself, but the correct subject anyways). I guess you could say 'the karma's in the mail' now?

Found it!

[BobPaul]

Is this [slashdot.org] what you were looking for, my good man?

Re:$1,000 for reading all the way through EULAs?

[Sentry21]

IANAL, but from what various law classes have taught me...

When it's generally accepted that what is being put in front of you is for a specific purpose (i.e. consent for surgery or permission to run a credit check), all you need to ask for is if there's anything in the contract that you need to know. If there's anything that would not be expected (e.g. 'if you die we get your organs'), then they will tell you, and if they don't, it's not enforcable.

I imagine that if tested in court, EULAs would be considered in the same realm.

Speaking of Lawyers...Aftab

[imtheguru]

The lawyer quoted in the article, Parry Aftab [aftab.com], isn't she the infamous Aftab who (was said to have) harassed Katie Jones [slashdot.org] of Katie.com [katie.com]?

From the article "...if the agreement is incomprehensible, it may be unenforceable, according to Aftab."

Personally i wouldn't trust Ms. Aftab to sit the right way on a toilet. Let alone give sound legal advice.

Oh, and down with software patents and Linux rules n all that.

Re:Yeah Right!

[TTMuskrat]

I personally would like to see a standard, simple format for EULA's like credit card companies do with rate disclosures.

I wouldn't use credit cards as a good standard for disclosure. There was an episode of Frontline on PBS called "Secret History of the Credit Card" (http://www.pbs.org/wgbh/pages/frontline/shows/cre dit/ [pbs.org]) and they pointed out the really fine print on those credit cards brochures - things like "a clause that allows the company to change your interest rate (APR) at any time, for any reason, as long as they give you 15 days' notice".

I think credit card disclosures are just as bad as EULA agreements and that there are more than a few companies that don't want you reading either.

Re:$1,000 for reading all the way through EULAs?

[espo812]

all you need to ask for is if there's anything in the contract that you need to know.

IANALE, this certainly isn't legal advice, but I would imagine the suits at any place that deals in contracts/releases like that should have educated the workforce that the proper response to "Is there anything I need to know?" is "Yes. Read the whole thing."

I imagine that if tested in court, EULAs would be considered in the same realm.

So you have to call up the software manufacturer and ask "Is there anything I need to know in this EULA?" Might as well read the damn thing while I'm on hold. And they should just say "Yes, read the whole thing."

Re:Ctrl-F

[TheDormouse]

^f €

Now was that so hard?

(know thy character entitities: €)