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:
Best regards,
Joe Glessner
__________________
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.
I’ve looked at Microsoft EULA once… Stopped reading when I reached increadibly useful info that I should be happy that I am not obliged to buy separate license for every monitor I run it on. :)
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http://www.boingboing.net/2007/11/28/pixars-funny-eula-fo.html
There is an open question about whether the first sale doctrine actually applies here — that’s why EULAs commonly say something like “This software is licensed, not sold.” And, then there’s a completely separate question about whether the license is enforceable as a contract — assuming that you actually own (and not just license) the copy, does clicking on “I Accept” have any legal effect?
It’s still a murky area of law.
I think EULAs are just a way to scare your average user and to have a document to wave around in case it comes down to a law suit.
But some of the stuff I see in these things are hysterical.
I am going to put a sign on my front lawn stating that if you are reading this I am now entitled to 20% of your net worth. I know you move your lips when you talk so it’s a verbal agreement!
And as Homer would say… Patent-pending, Patent Pending, Patent-Pending :)