Of licensing agreements and suchon August 24, 2008 at 8:41 am
Have you ever looked at a software EULA? It’s almost enough to make me want to puke, and I’m quite certain that most of the “clauses” in most of the software EULA’s out there are completely unenforceable (it’s like the people that write these things have never heard of the First Sale Doctrine).
Recently I’ve been forced to deal with Microsoft licensing, as well as licensing for several other major software packages, and I feel like I need to hire a lawyer to ensure that I am not violating the license agreements by looking at the software funny (don’t laugh – it is entirely possible that there is a clause in there somewhere that voids the license if I were to glare at the software).
I’ve had enough. While researching some of this stuff I came across a website that was apparently created by people that also are not too fond of the ridiculous direction that software licensing has taken of late, I give you Reasonable Agreement.
From this I’ve created a new email signature (I absolutely loathe the fact that I have to put a disclaimer on my work email – trust me they are totally and completely unenforceable anyway), for my personal email which reads like this:
READ CAREFULLY. By receiving this email you agree, on behalf of your employer, to release me from all obligations and waivers arising from any and all NON-NEGOTIATED agreements, licenses, terms-of-service, shrinkwrap, clickwrap, browsewrap, confidentiality, non-disclosure, non-compete and acceptable use policies (”BOGUS AGREEMENTS”) that I have entered into with your employer, its partners, licensors, agents and assigns, in perpetuity, without prejudice to my ongoing rights and privileges. You further represent that you have the authority to release me from any BOGUS AGREEMENTS on behalf of your employer.
This site is more than just the anti-EULA, it is a collection of experiences of people dealing with these terrible license agreements in the real world. If you’re looking to waste some time and get a good laugh, there is some pretty funny stuff there.