Selling Your (MMORPG) Soul 437
Gnpatton writes: "Here is an article about the recent ruling in the Blacksnow/Mythic case. It talks about the EULA (End User Licence Agreement, that thing that you never read) and about how this case might affect the rest of the software industry, not just with game companies. From now on, you might just want to read the EULA before you click 'accept'."
but you don't sell accounts (Score:3, Insightful)
Re:Just get someone else to install it for you. (Score:2, Funny)
Re:Just get someone else to install it for you. (Score:2, Interesting)
"Any minor that agrees to this contract, and uses or installs software most obtain consent from a legal parent or guardian"
With this in hand, it is difficult to say 'but my kid installed it' as LEGALLY the kid cannot use or install it without your permission. Notwithstanding this a good company lawyer could say that a reasonable parent would monitor the programs that a child installs on your computers.
This is sure an issue that will feed the lawyers for a while
Medevo
Re:Just get someone else to install it for you. (Score:3, Interesting)
Interesting...but if the kid can't be legally bound by the EULA to begin with, isn't it reasonable to assume that he/she/it can't be bound by the clause of the EULA that says they need a parent/guardian's permission?
Re:Just get someone else to install it for you. (Score:2, Funny)
If the kid makes a contract to obtain a necessity (purchases a pizza by delivery), parents are responsible.
If the kid agrees to anything regarding a non necessity (ie video game) parents are not responsible.
The idea being parents have to provide the life necessities, if they are not and the kid has to go out on his own, the parents aren't meeting obligations.
Re:Just get someone else to install it for you. (Score:2)
Re:Just get someone else to install it for you. (Score:2, Insightful)
Untill then, they'll volture over old ladies driving with hot coffee obtained from multi-billion dollar international conglomerates...
Ouch. (Score:3, Insightful)
Re:Ouch. (Score:3, Interesting)
It's more than just that, however. This is a case about Mythic asserting its right to control data on its own servers that're the indirect reflection of the user's interaction with the game.
Personally, I think the simplest solution would be if Mythic had decided to just provide the person with the virtual data that he was so worried about. The catch, however, is that they'd cease hosting it on their servers. So the plaintiff would have a copy of his character data, but it would no longer be part of the game.
Re:Ouch. (Score:2)
You could try to keep a MD5 of the user's char on a server at compare at runtime. Then create a new MD5 at game exit. Of course, you'd have people hacking the data during the game. Not to mention how to handle game crashes.
Re:Ouch. (Score:5, Insightful)
I think you misunderstood my point. Character data for the game world would continue to be hosted on the Mythic server. However, Mythic would send a copy of the savegame file for the plaintiff to him. They would then remove that savegame from the server.
The result is that the plaintiff has a copy of his character's data (i.e. the information that is the basis of the lawsuit), but the character's data no longer exists on the Mythic server and thus no longer exists in the Mythic game world. The plaintiff would have all the bits that made up his or her character, but it'd be utterly worthless as said bits would no longer affect anything.
The beauty of it is that it underscores the entire problem of the suit. The suit wasn't about knowing or copying certain data or even owning an exclusive copy of certain data, but rather about insisting that the certain data exist in a very specific place on Mythic-owned server. Since attempting to control someone else's server in that manner is somewhat ludicrous, the complain was disguished in the form of data ownership. But if that were the case, Mythic could merely hand over the data and wash its hands of the matter as I've explained above.
Re:Ouch. (Score:2, Interesting)
Re:Ouch. (Score:3, Insightful)
And it isn't like you are totally bound by this. If you purchased the softwared, decided that you didn't agree to the EULA, then you can return it. End of story.
Yeah, like you can actually return the software for a refund. Try it sometime - it won't work
It is not like this is totally out there - these agreements popup BEFORE the software installs and they blatently say - IF YOU AGREE TO THIS CLICK HERE!!! What is so hard to understand about that?
It pops up after you've bought the software and opened it, thus removing your ability to back out. Since this gives you the option of clicking on agree or waving goodbye to your cash, I doubt any sane person would hold the EULA enforcable.
Re:Ouch. (Score:2)
Huh? Return it, how? Software retailers don't accept returns, except to exchange for another copy of the same thing.
It is not like this is totally out there - these agreements popup BEFORE the software installs and they blatently say - IF YOU AGREE TO THIS CLICK HERE!!! What is so hard to understand about that?
It's a like a contract signed at gunpoint. You pay $50 for an office suite, go to install it, and it says to install you must click agree. Otherwise, kiss your $450 away because we know you can't return it and get your money back.
Re:Ouch. (Score:3, Insightful)
I haven't agreed to any such thing. You cannot consider my use of the software (including its installation) to be evidence of acceptance, since I already possess the right to use (and install) the software by virtue of purchased it commercially. You haven't rented, leased or licensed it to me. You sold it to me.
Imagine you just purchased a new car for zero down and zero percent interest. Sounds like a good deal? So you sign the papers and go to your new car. But there stuck to the steering wheel is a piece of paper that says "by driving this car you agree to immediately refinance you car for $10,000 down and 10% interest. Just an "agreement" wouldn't last five seconds in a court of law. Yet this is essentially what EULAs are doing. You have made an commercial transaction to obtain the software, which grants you the right to use and install the software according to both the US Commercial Code and Title 17 Copyright Law. But upon attempting to use and install the software you are presented with a different agreement which is in opposition to the commercial transaction.
Re:Ouch. (Score:2)
If WinXP is only rented and never sold, then CompUSA is obviously engaging in massive fraud by claiming to sell people a product that's only rented out. It's also interesting that a clickthrough can be considered a valid rental agreement for software, but to rent anything else one needs to sign all these forms in the store before touching the merchandise, much less paying for it and taking it home. If it looks like a sale, and quacks like a sale -- it's a sale, and any sane court will acknowledge that.
Re:Ouch. (Score:3, Interesting)
Re:Ouch. (Score:3, Insightful)
What about pre-installed software? (Score:4, Interesting)
Recent support fun... (Score:2, Interesting)
Re:What about pre-installed software? (Score:2)
Whoa! (Score:2)
Huh? (Score:3, Funny)
Re:Huh? (Score:4, Funny)
Re:Huh? (Score:2)
After all, If MS can make a change to an EULA, so can I.
That was one weak article (Score:3, Insightful)
Eh? (Score:3, Insightful)
read the eula? (Score:5, Interesting)
Re:read the eula? (Score:4, Interesting)
If anyone is in Gainesville, Florida and wants to try this, I'd be game. Reply.
Re:read the eula? (Score:3, Insightful)
It seems expensive to fight big companies.
Fighting "no refunds" with chargebacks (Score:3, Interesting)
If they won't give you a refund, do a chargeback.
Re:maybe not totaly rigth place to ask, but close (Score:2)
was it on the service or the software? (Score:5, Interesting)
Image if you were buying a bed and you were asked to sign an agreement first.
Or rather, imagine if a tag on the underside of the bed read "You agree to the agreement on our website just by laying on this bed." And courts upheld it because of some obscure twist of logic (the way they say making a copy of the software you bought in RAM is a copyright violation).
As for this ruling, well, is it for the SERVICE or for the SOFTWARE. If it's for the service, the position isn't as clear, because you didn't buy anything, you agreed that if you do such-and-such, the service will be provided to you, and if you don't do such-and-such, it won't.
But if the EULA on the purchased SOFTWARE was found to be binding, we're in DEEP SHIT TROUBLE, you better believe it.
Software End-User: Ha ha! I found a way to use the software in a way that Microsoft doesn't want, but still meets the terms of the EULA!
Microsoft HQ: Ieee! They found a loophole in our EULA! Quick! Mutate the EULA terms every 15 seconds! On my mark... go!!
End-User: Ahhhhhhrg!! They're mutating EULA frequencies! I can't keep up with the changes! I might be violating them and I won't know! *KNOCK KNOCK* Uh oh, it's THE KNOCK! The cops are here! *dragged away at gunpoint*
Microsoft HQ: Whew, that was close! Reduce EULA rotation frequency to the usual once per day.
Re:was it on the service or the software? (Score:2)
That's not the way these work. I think even when you buy a windoze pre-installed, you have to click on it when the machine fires up the first time.
Even if not, the real issue is that people put up with this crap because it rarely impacts them. They simply click and go on, and then when Kazaa uses it (or more likely, a hacker who figures out how to take it over), they'll scream "they shouldn't have been allowed to do that! Pass a law!" Well, if people would Just Say No in the first place, there wouldn't be a problem. But apathy rules, and as a result, there isn't any commercial software out there that doesn't have an egregious EULA.
I would support a law that required a plain english version in front of the legalese, and that the whole thing had to be less than a page.
Re:was it on the service or the software? (Score:2)
What if you purchace a PC from a mom & pop store? Are you bound by the EULA that pop clicked on when he was installing your video card drivers for you? Is he bound to the EULA because he was the one who clicked?
The only good answer I can come up with is that he must print the EULAs and have you sign them when you pick up your PC. All three parties are then bound (you to him, and him to MS) into a strange love/hate triangle.
If it was later found that the EULA had been violated, I wonder who would spend time in the federal prison?
Public law trumps private contracts. (Score:4, Insightful)
Some of the dumber EULA are sure to be thrown out. Is anyone really going to enforce the "you can't say bad things about M$ with front page" term? Good freaking luck. They might be able to take away that horrible program from you but they can't keep you from telling the world how much they suck.
Privacy is a real concern. The XP EULA grant's M$ the ability to search your computer. You had better believe they already do and will continue to do it. They even changed up their hotmail junk so they could spam you all the way to China. Kazza's gonna sell your cycles to Iraq for wepons development, well I don't think so.
These are all violations of your property and patience, but God help them if they actually break things in a way that lawers can understand. The waste M$ inflicts is huge, some starving lawyer is just waiting to pounce on it. Then poof, the proven illegal monopoly is going to actually pay.
My contracts with M$hit expired a long time ago and I'm much happier for it. You see freedom [fsf.org] from all these abuses is closer than you think [debian.org]. Do something good for yourself and dump that privacy invading, insecure,unstable, advert laden junk. The power ends when you don't need it.
Re:was it on the service or the software? (Score:2)
Re:was it on the service or the software? (Score:3, Insightful)
1. You don't sign an EULA. In order for a contract to be valid it must be signed by both parties and the original must be given to the End User. There is no reason Microsoft couldn't release Digital Sig 1.0 today and require that a EULA have a valid sig. If you wonder why the YES/NO thing is bad, as yourself who installed your mom's software. If a third party installs software for your mom and clicks yes, should she be held accountable for an agreement she never saw? Or is the third party the one bound to the EULA?
2. EULAs are not easy to understand by common sense. If I buy a car, I can use it anywhere. I can let anyone ride in my car. I can let anyone borrow my car. Why is a Win98 disk any different? You can say that the disk is easy to copy and the car is not. That is a major factor, but I don't think the prob should be solved under legal terms. Agian, Digital Sig 1.0 could be used to authenticate a user's sig agianst a product code and compare them with a MD5 on a server at Redmond. Why haven't they done that already? If I was into conspericaies, I'd say it's because MS wants you to be doing something illegal. That way, they control you.
3. The terms of the EULA are subject to change after you agree. Right there, the whole legality of the system comes crashing down. If you and I agree to meet at 4:30pm at the MS Campus, and I show up at 6:30, who's the asshole? Well, seeing as how I changed the meeting time and posted the change on the back door of my house, you would be the asshole for not checking to see if the time had been changed. Also, what gives one party the right to change a contract and not the other. As of now, I am changing the EULA of my copy of Win2k to reflect that it is now covered under the GNU/GPL. Is that legal? After all, MS has been given notice of the change(in this forum).
Simple solution! (Score:3, Funny)
Simple solution: get a 14-year-old to click all the "accept" buttons. Minors cannot be bound by contracts!
Re:Simple solution! (Score:2)
Re:Simple solution! (Score:3, Interesting)
Re:was it on the service or the software? (Score:2)
The courts have ruled that publishers can't put a contract inside the front cover ("by reading this book you agree not to resell it" &c)... why should it be any different for software?
Doh! (Score:2, Insightful)
Software EULA are messed up (Score:5, Insightful)
Re:Software EULA are messed up (Score:5, Interesting)
The click-thru EULAs have the text right there on the screen, so there's no excuse that a judge will accept for not reading it. Particularly those that make you hit some odd key or a non-default button to continue, so that you can't argue that you'd accidentally hit enter too many times and never even saw the EULA screen. Even getting a kid to do it won't work, since they would be considered to be acting as your agent. A minor who bought the software with his own money and clicked thru *might* get out from under, since he can't be bound by a contract and his parents were not involved (which would bind them, if not him), but don't bet real money on it.
Really, by arguing under what circumstances the EULA is or isn't binding, we're already conceding the biggest point: that a licensing model should even apply at all to software. I'd much rather see it treated under the law as a book or CD, my property to dispose of as I please subject to the doctrine of first sale. I can tear out pages, draw on it, loan it to friends, whatever I want. That's the fight we need to focus on, not minor little bits regarding the fine details of consent without a paper signature.
Re:Software EULA are messed up (Score:2, Insightful)
That is not true. You cannot agree to a contract without having read it. Since the EULA contract is inside the box, breaking the seal on the outside of the box is the least enforceable part of the EULA. However, if I am not mistaken, by breaking the seal on the box, you agree to a smaller agreement that is on the outside of the box. Generally, it reads something along the lines of "Either you must agree to the EULA inside, or return the product to the place of purchase for a refund." Of course, getting stores to refund your money is an entirely different matter...
Re:Software EULA are messed up (Score:2)
Re:Software EULA are messed up (Score:3, Insightful)
First, there is no proof you ever clicked the button. With a real contract there is a a physical proof (your signature) that you agreed, witnessed and countersigned by a notary and/or the other party of the contract. Here, the proof is absent. They can't PROVE you agreed (maybe someone else clicked it, maybe it failed to display, maybe there is software on your system that prevents it from displaying). Remember the burden of proof is on the prosecution here.
Second, there is no room for negoation with an EULA, which is required with a real contract. You can negoate your lease agreement and so on. Now the other side doesn't have to accept your changes, but they do have to negoiate. With EULAs, this never happens. the other side never even signs the contract.
However most importantly EULAs often seek to take away rights that they just can't. There are things you just can't give up, even by contract. For example you can't sell your self into slavery.
Re:Software EULA are messed up (Score:2)
The highest court that has considered this issue, in the ProCD case, decided that they were enforceable.
Re:Pretty soon... (Score:2)
What are the chances that once reading the EULA becomes common knowledge, companies will work to make them more obfuscated, convoluted, and otherwise obscure? (does that horrible mess we call the IRS tax code ring a bell, anyone?) If anything, it will be a boon to the legal industry, as many bewildered end users will have to consult with their attorneys just to make sure they understand what it says.
How Mythic's EULA Works (Score:5, Informative)
Unlike other EULA's, MMORPGs repeat their EULA's every time a user connects to play the game. In Dark Age of Camelot, the EULA pops up when you log in, and to continue, you have to accept the EULA.
Typically, anyone playing MMORPGs sees the EULA enough and is given the chance to NOT play the game if they disagree with the terms.
Contrast this with the typical software package that makes you agree to the EULA without actually seeing it in most cases, and even before you install the software on your computer.
Everquest has similar provisions (as will Neverwinter Nights, I would assume).
Here is the important passage from DAoC:
* You acknowledge and agree that all characters created, and items acquired and developed as a result of game play are part of the Software and Game and are the sole property of Mythic. You acknowledge that: (i) the Software and the Service permit access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by Mythic as covered in Section 3 below.
Re:How Mythic's EULA Works (Score:2)
Re:How Mythic's EULA Works (Score:4, Informative)
Oh. This changes everything. This is not a shrinkwrap/clickwrap style installation EULA, but a web-access EULA. The former is the highly controversial case. The latter is not -- they were settled long ago in the Hotmail case. They are enforcable and there isn't much case for saying that they shouldn't be.
Here you are actually getting something more than the ability to install what you already own (which is an explicit statutory right for the owner of a copy). All the elements of a contract are present: the parties communicate directly, there is consideration (you get access to their server, they get agreement to restrictions), and there is a record of assent (I'm sure they make some record when you click "OK", since that info is sent to them).
So? (Score:3, Interesting)
"What about free markets" (Score:2, Interesting)
Especially considering the shit the Slashdot crew pulled when "Fascdot Killed My Pr" sold his account. And that was with no EULA at all to support you. You just screwed with him.
At least with a EULA we know our rights.
The Sky Is Not Falling (Score:5, Informative)
First, the jurisdiction of the court: the case was decided by a federal district court, a trial judge within the federal system. The Northern District of California, where the case was decided, is well respected for its expertise in matters of technology, having been the site of several important IP lawsuits and serving currently as the home to Silicon Valley. That said, the decision is binding authority only in the Northern District of California (although courts in other parts of the country may find it persuasive), and it has not been tested on appeal.
Second, the implications of the decision: the court did not decide the validity of a generally applicable statute or a regulation; it only ruled that in the facts of this case, the EULA was not procedurally deficient (for failing to give the user notice of its terms, for example) and was not substantively unreasonable (for imposing any terms that were fundamentally unfair, for example). The courts decide thousands of cases interpreting contracts each year, and they often do so by analogy to precedent. Accordingly, this decision might have no immediate impact upon the way you use software or review an EULA, but so long as this issue recurs, other judges likely will use the opinion in this case as the standard that they accept or from which they find reason to depart.
Third, the mutability of the decision: contract law is mostly state law, and most judicial decisions about the law of contracts may be overturned by the legislature. In the fields of, for example, sales, financing, and construction law, there have been enough disputes across many jurisdictions that most states have found it beneficial to enact a uniform law governing the rights of contracting parties. (The Uniform Commercial Code is the best known example of this.) Should this be a sufficiently momentous decision -- I don't think it is -- or become a sufficiently important issue -- and maybe it will -- then one can count upon the legislatures and the law professors to get involved.
Re:The Sky Is Not Falling (Score:3, Insightful)
Think of it this way. I buy a burger from Wendy's. If I don't like it, I can bring it back. But I can't sell the right to bring it back to someone else for use on a different burger. The "contract" is between Wendy's and me, and applies to that burger. I can still dispute with Wendy's about replace vs. refund, or if there is really something wrong with the burger, so the existence of the contract and its validity are two separate issues.
Cool idea (Score:2, Funny)
BFD... (Score:2, Funny)
Who cares... you haven't been able to get a decent price for a Slashdot account since the karma cap went on.
Modern-Day Rumplestiltskins (Score:5, Funny)
IANAL... (Score:2)
Take a look at:
http://www.law.cornell.edu/topics/contracts.htm
. . . and then try and figure out again why it is that society tolerates lawyers...
Just Click No (Score:2)
I've never accepted an EULA. I never will.
Where is the ruling? (Score:2)
Did Blacksnow buy any product directly from Mythic? I could see a justification for a contract being accepted at that time. Also because Mythic offers an ongoing service, this is a different case from a normal EULA. Blacksnow cannot use the service without permission, so it's perfectly possible that they can be forced to agree to a contract in order to get permission to use that service.
Without seeing the ruling, I think it's premature to say that EULAs are enforcible.
They missed the forest for the trees (Score:3, Interesting)
The article doesn't make it clear whether it was the "license" for the service or the actual software that was upheld. The difference is important. I never played whatever game Mythic was producing, but I do know that if you play Diablo, you need to agree to the terms of use of Battle.net separately, if you choose to use it.
Having the terms of use of an online service upheld is reasonable since you have the ability to read the agreement and agree to it prior to using/subscribing to the service, or disagree with it and choose not to use it.
The same is not true for shrink-wrap "licenses". You cannot read the agreement prior to buying the software. By opening the box and installing the software you automatically agree to the "license"... oh, but to see the "license" you need to open the box and install the software! Now, supposedly if you disagree, you can take the software back to the store and get a refund -- but we all know how well that works... So, in effect, you are coerced into accepting whatever terms the software vendor feels like putting in the "license".
The courts have traditionally been sceptical when it comes to enforcing the so-called EULAs. The two supporting cases that I know of are Step-Saver v. Wyse Technology and ARS v. Software Link. There is, to my knowledge, only one case where EULA was upheld outright, "provided that its terms are reasonable" -- ProCD v. Zeidenberg. Interestingly though, that case involved not software but a telephone book on CD. Had the court not held the EULA enforcible, anyone would be free to copy the CD, since, according to the US copyright law, public data (such as names and telephone numbers) cannot be copyrighted.
Re:They missed the forest for the trees (Score:2)
sounds like TOS not EULA (Score:5, Interesting)
Without details of the actual court ruling I can't be sure, but this doesn't sound so unreasonable. The virtual world is being hosted by Mythic's servers, right? Claiming ownership of data residing on their own servers is not so far-fetched. If they want to rent out time and virtual 'property' as part of the Terms of Service for connecting to their servers, that's their prerogative. After all, running those servers does cost Mythic resources. If you want to use their servers, you agree to their terms; otherwise, you play offline, on competing servers, or not at all. It sounds like a Terms of Service issue, not a EULA one.
All this is *very* different from sanctioning EULAs in general. In most situations, you're not connecting to or storing data on the vendor's server. I could not imagine Microsoft laying a successful legal claim to all the Word documents ever generated by Microsoft Office.
Likewise, I can't see this decision being extended to cover every EULA term ever devised. It seems like a very circumscribed case dealing with a very specific issue: who owns the data on Mythic's servers? I suspect even if Mythic's EULA never mentioned ownership of virtual property, the court would still have ruled in Mythic's favor.
Of course this is all just guesswork on my part. IANAL.
So by logical extension (Score:2)
Here are some hypothetical situations that seem analagous to the situation with Mythic, that with this precedent all seem a little bit scary...
Consider a cellular phone company. Would my cell phone's voicemail, being hosted on the cellular provider's equipment, be reasonably considered the cellular provider's property? What if a piece of highly confidential data were left there, say an idea for a new invention. Can the cell phone company claim they own that data and then do with it what they like?
Ok, suppose I keep track of my finances with an online service and I enter the data directly in to their remote server -- the data never lives on my computer; it's remote only. Now if the company hosting that service decides to toss a boilerplate "we own everything" clause in to the click-through on the login screen, do they have a right to my financial data? So financial data is too inflammatory...how about an online database of all my books? I don't see that as significantly different from the Mythic case.
Or suppose that a large software company offered remote networked applications via a rental revenue model. The software saves its documents on the remote server. Later I want to retrieve my important documents, but in the meantime the software company has claimed that it owns my documents, based on a clause tucked away in the user license.
Later I want to create a web page. So I upload my web page to a remote hosting site, which of course claims ownership of anythying on its servers. (You'd start to think I'd learn by now!) Later I decide I want to change or remove some information on the site, but the hosting company refuses to give me access claiming I have no right to mess with their data...and then they start selling this content as their own!
If this kind of stuff is not illegal, would you necessarily trust a company not to abuse their rights in this way? Remember that in the last ten or fifteen years there has been a growing consensus in the American business world that anything that can be done to increase profits in the short term necessarily should be done. Glance towards Enron if you believe a company is always going to make the "good" forward thinking choice...
Perhaps we should start lobbying our state legislatures to enact laws to preemptively clear this sort of thing up. Even requiring companies to abide by their agreements as stated the first time a user signs up for a service -- irrespective of how those agreements are initially set up -- would be a positive move. That would make it harder to get blindsided by a change in the user agreement after a person has started using the service (in the syle of Yahoo's "you want Spam" change). And as long as I've got a wish list going, the agreements should be prefaced with a readable easy to understand synopsis of the actual agreement.
But I doubt the business lobby would ever let anything so simple and sensible sneak through a senate chamber someplace...
Copyright is getting too powerful (Score:3, Interesting)
An End User License Agreement effectively grants copyright holders rights the congress has not bestowed upon them.
This has profound implications for all consumer goods. Imagine if Ford used an EULA for their on-board computers. If you don't agree, you can keep the car, but the software (and your ability to use the car) will be disabled.
The makers of a SmartFridge can claim the right to keep track of anything you put in your refridgerator.
Copyright holders can claim that anything you do with their software belongs to them. You use MythicWord to write a your doctoral disertation, and Mythic owns the copyright. This is exactly the precedent the court has supported. You develop a character using Mythic's game, and they own your work.
Congress has the power to grant copyrights. Aside from some constantly expanding experiation date, are their any limits on those rights?
You agreed to it, so abide by it (Score:2)
caveat emptor
Re:You agreed to it, so abide by it (Score:2)
As my sig states (at time of posting):
FOR SALE: 1 slighty-used Slashdot account, Karma ~= 50, metamoderator privleges ... http://cgi.ebay.com/ws/eBayI
It's OK (Score:4, Funny)
I am only half joking.
-Pete
Please post EULAs (Score:4, Interesting)
It would be even handier if someone could point out the heinous sections of each EULA.
MS Design Gallery Live EULA (Score:2)
DCOM95 EULA (Score:2)
EULA FAQ (MSFT) (Score:2)
Re:EULA FAQ (MSFT) (Score:2)
Completely contrary to copyright law. To quote from 17 USC 117:
"It is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided...that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine".
Gee, the law says one thing, and Microsoft says another. No wonder they recommend contacting the BSA as opposed to a qualified and unbiased attorney for clarification.
Microsoft .NET Framework Redistributable EULA (Score:2)
MSNBC INTERACTIVE NEWS ALERT END-USER LICENSE AGRE (Score:2)
Re:Please post EULAs (Score:3, Funny)
We'd love to, but unfortunately, they're copyrighted, so you have to buy the software in order to read them...
Minor prediction... (Score:2)
If EULA enforcement and reinforcement in the courts becomes widespread, we will see a rash of programs devoted to automatically eliminating and otherwise blocking EULA agreements from the user's point of view.
If they're going to take that many rights anyway, they may just as well have to do it completely against the user's will. That, and over the course of thousands of installations, it will probably save days of computer time per user over a lifetime.
:^)
Ryan Fenton
RTFEULA (Score:2)
What is this, the 5000th time I've seen that line in a Slashdot article? Maybe people should start paying attention. RTFEULA. If you don't agree with it, don't install it, and write to the company telling them why (and, as you are legally allowed in the US, demand a refund. No product can be forced on you). Look for an alternative with a license you can agree with. It isn't too tough, and it's the only way to make a point to these companies. Using it anyway doesn't work, bitching on Slashdot doesn't work...a large number of persons telling them they refuse to comply with stupid terms and won't buy it will work.
Interesting Effect on Business Software (Score:2)
Could a system administrator even install the software if she/he was not an officer of the company or otherwise authorized to enter the company into a legally binding contract? (i.e. if the EULA gave the software developer the right to inspect/use the system the company installed it on -- which might also have on it confidential data, customer records, trade secrets, etc.)
Re:Interesting Effect on Business Software (Score:2)
If I was a bastard, I just might run EVERY software license past the legal team. All the installations. All the Service Packs. Everything. Add that to the "Total Cost of Ownership" of the software. Present the next year's budget with those costs in addition to the regular upgrades, etc., plus the cost for liability insurance ("EULA Insurance"). And present an alternate budget for a Free Software setup. That Peruvian guy was right, ya know. Free Software is better for the local economy.
Re:Interesting Effect on Business Software (Score:2)
Course, that's a great foot-in-the-door for installations like debian or slackware. It's all open (bin and source). The only problem is the programming dept (if you have one). GPL'ed source is nasty in software-only corporations. I dont care what any other dick says, but no propeiritary software dept wants GPL infestation.
The perfect way to steal GPL code (Score:2)
This is a Service EULA, not a Software EULA. (Score:3, Interesting)
It just so happens that the software cannot be run without the service. Much like how your telephone can't be used without the telephone service. (House phones, not cell phones with the nifty games.)
I fully believe that MMORPG developers have the right to not allow links on their database to be sold on eBay. Now, if the developer gets ROYALTIES for each link sold, then that would be okay. But I don't see any of these people paying Mythic royalties for selling Mythic's property...
A question about Pre-Installed software (Score:2, Interesting)
Time to get rid of EULAs (Score:2)
EULAs are based on the unwarranted proposition that the author of the software has the exclusive right to use and install the software. This is not true. According to 17 USC 117, the owner of the copy of the software has the right to utilize the software, including adapting it in such a way as to be able to utilize it (e.i. installation). Since the user has the right to use the software, such use cannot be taken as a form of assent to be bound by the license.
But enough of that. What really bugs me is why these turkeys even need EULAs. Pretend you're a proprietary developer wanting to restrict your software. What do you want to restrict? Let's see... No unauthorized copying. No unauthorized distribution. No unauthorized derivative works. In short, just the same stuff a proprietary novelist wants. So why a EULA? Wouldn't a simple copyright statement be just as good? In just about every EULA I've seen (discounting those monstrosities from Microsoft) the only thing they restrict are copying, distribution and modification.
Audio CDs and DVDs don't have EULAs. But if software EULAs get legitimized, it's only a matter of time before the MPAA and RIAA (those scum) get on the gravy train. We don't want that. We don't want to watch a movie in a theater only to see a EULA two hours later saying that be watching the movie we have agreed to post no negative reviews...
If you're a proprietary developer, stop using End User License Agreements. Start using simple copyright statements. You won't lose anything. Your users will thank you.
this is good for open source (Score:2)
What passes through my bed... (Score:3, Funny)
"
If I sold what passes through my bed, that would technically make me a pimp.
Some points (Score:4, Insightful)
From the court [unknownplayer.com], we find that the owners of Blacksnow did their trading in game. Now, argue all you like about most people not reading the EULA, but professional traders have no excuse for not reading it.
As regarding whether they did or not, and whether they clicked through and agreed to it, remember that this is civil litigation. The burden of proof is not beyond all reasonable doubt, but rather balance of probabilities. In deciding what is fact, the court only has to consider the most likely scenario. And the most likely scenario is that Blacksnow (if not the players) did read (or should have read) and did agree to the EULA. If they didn't, then the burden is on them to show that.
Also note that the issue is about the actions that they chose to perform on the service, not what use they made of the software.
Given all this, it looks pretty clear cut that Mythic are right, and Blacksnow are wrong. My only problem with this is that it feels wrong. Effectively, Mythic are saying that they have complete control over everything that happens on their servers, and that they will be the final arbitrator on who did what - and more importantly, why they did it.
The reason that this last point is important is that from the point of view of Mythic, what's the difference between these actions?
The answer is that from Mythic's point of view, there is no difference. The action that Mythic sees is: Player X wants to drop a Sword of Boinking.
Now, Mythic get to decide what the motivation was behind this action, and to punish me or terminate my account without possibility of appeal. In the case of Blacksnow, it looks clear cut, but that's because Blacksnow have been decent enough to be above board about what they have been doing. But now the precedent is set that Mythic and other online services can charge money to access content that they control and can deny access to at any time for any reason that they like, and your option is to suck it up or... actually, there is no "or".
Is that just? Well, actually yes, because it's Mythic's service, they can set the rules, and nobody is forced to play it. Is it enforcable? Demonstrably, yes. Does this kind of control freakery damage online games? Not really, it's rampant on EQ (down to them enforcing their own particular view on what's an appropriate "fantasy genre but non trademarked" name), but that's still going strong.
But does it feel right? Hell, no. Is there anything that we can do about it? Probably not. I wouldn't play such a horribly restrictive game in the first place, and so I don't even have the meagre threat of withholding my money, but the plain old fact is that most players simply don't know and don't care (enough) about it to leave. So, by the Great and Powerful Laws of Capitalism, Mythic is in the right here, and will continue to remain so until the money stops flowing in.
Re:One enlightening legal approach... (Score:2, Insightful)
Re:FUD and loathing in Las Vegas. (Score:3, Informative)
Where the hell do you shop?. I work for Target Corp., and we do NOT accept returns on software (also CDs and DVDs) that have been opened. Period. Sure, if its damaged, we'll give you a new one. But if you simply don't want it, you're SOL. Once you break that seal, you're screwed. I suspect other large retailers have adopted similar policies, although I'm not sure. Anybody else know?
Re:Read the EULA... (Score:5, Insightful)
They may prefer it, but they aren't "tied" to it. They are free to learn to use one of the alternatives (and this is the first I've seen someone label the Mac "less user friendly").
"Many users are also tied to specific software that they use at work."
Then it is the employer that is bound by the EULA, not the individual.
"If I like Quake, but not the EULA that id software dishes out, I'd probably sign up and play, for the simple reason..."
...that you don't dislike the EULA enough to give up Quake to avoid it. Thus, you _chose_ to accept the EULA.
"Just what purpose does reading the EULA serve,..."
It tells you what you are getting into, should you choose to accept it.
"...when pressing the "I Decline" button is simply not an alternative?"
There is always an alternative. You aren't going to starve to death or die of exposure just because you choose not to use some particular piece of software.
"The root of the problem here is that every single piece of software is a little monopoly..."
None of the software on my computer is a monopoly of any kind.
"You'll usually be able to find two boxes of cereal with similar taste, manufactured by two different corporations."
Many people say otherwise. They insist that there is absolutely no acceptable substitute for the Exploding CatHead(TM) cereal they saw on the morning cartoons. Most of these people are under 10 years old. Sometimes I suspect that most computer users are of a similar mental age.
Re:Read the EULA... (Score:2)
Or c) Modify the older version to implement the features of the newer version (and distribute the result under the old license if I wish) or d) acquire a modified older version from someone else. Ever heard of Xemacs?
"The situation is exactly the same as a non-free product, except that you don't expect the FSF to distribute Emacs under a truly disgusting license."
No it isn't. A non-free product cannot be forked.
[ Reply to This | Parent ]
Re:EULAs are important (Score:2)
No. The GPL is not a User License Agreement at all. From the GPL:
Activities other than copying, distribution
and modification are not covered by this
License; they are outside its scope. The act
of running the Program is not restricted,...
And
You are not required to accept this
License,since you have not signed it.
Thus as long as you only _use_ a GPLd program the GPL does not apply to you at all.
"1. keeping the GPL even more court-defensible..."
No. The GPL is a copyright license. It grants you rights that copyright law reserves for the copyright owner, and does not require you to give up any rights that you would have in its absence.
EULAs are civil contracts. They grant you no rights that you wouldn't have in their absence, and require you to give up rights that you otherwise would have.
Re:EULAs are important (Score:3, Informative)
No it's not. The so-called EULAs require you to accept their terms as a condition of using the software. They start off with the presumption that you have no rights whatsoever and they "grant" you the right to use the software on very restrictive conditions. That of course is nonsense -- you have the right to use the software by the virtue of having bought a copy of it, so in reality, these EULAs take away the rights you normally have.
GPL does no such thing. You are not required to agree to anything if you want to use the software. GPL starts off with the (correct) presumption that you already have this right. However, you do not normally have the right to distribute the software if you do not hold the copyright on it. GPL grants you this right, provided that you agree to its conditions.
This decision will have no effect on the enforcibility of the GPL. The so-called EULAs, however, have always been on a shaky legal ground. It remains to be seen what effect this decision will have.
Re:Missing a big opportunity (Score:2)
The problem with this is that it ruins that game. A large number of people play the game to get away from the real world. They want a game world where what they can acquire and accomplish is determined strictly by what they do in the game.
When someone can come in and pay a few hundred dollars real money to get items, it destroys that independence of the game from the real world.
Re:Software companies should be careful... (Score:3, Insightful)
I've already paid for the software (if it needs to be paid for), and I already have the right to use the software (according to copyright law). Just what is it that the company is giving me and what am I agreeing to give to them?
Of course, in Mythic's case, there is consideration. You don't have the right to use their server, so that is something you gain. But in the case of regular everyday EULAs, they're bogus.
Re:No Worries, Best Buy will accept it for you! (Score:2)