Monday, September 15, 2003
EULA's: The Insanity Continues
The following tale overwhelms me. It points up the lengths that software companies will go to in order to protect their intellectual property. It's an End User License Agreement (EULA). Or, in this case maybe, a SEULA (SUPER End User License Agreement)? Or a EUSA (End User Stupid Agreement)? For, as I'll show, any End User who agrees to this thing has to be a few bits short of a byte.
The product and the company are called X1. They're based in California, which once again earns its reputation as the home of DisneyLand and La-La Land.
The first thing that made me sit up and take notice was that the thing wanted to use the Windows online installer to download and run the actual setup routine. Personally, I don't even like to let MICROSOFT run this thing. If a hacker got is fingers into it, your whole system security is toast. And the way it works doesn't let you check the thing, OR the software it installs, for viruses/Trojans/worms. Being a software junkie and a risk-taker from way back, I let the thing bring down the install. Phew! Dodged THAT bullet! No signs of a virus.
Then the REAL attack on my system began! I got through the usual 'Duh, where do you want to put this thing' and got hit smack in the face by their EULA. I know that it's fashionable to simply click through these things and go your merry way, unphazed by the idea of being sued for tromping on some giant software company's toes, but have you noticed that the first 261 of the RIAA's victims are NOT laughing? The EULA is no longer something we can afford to ignore. Ask for the opinion of that poor New York City mom, who had to shell out $2,000 for the actions of her not-yet-teenage daughter. But I doubt if you want to hear that many dirty words from a formerly nice person.
So, I started a quick read through the EULA, expecting the usual crap about destroying the copies of the software if you ever sell or give away your licensed copy and about promising on a stack of bibles not to do bad things like make illegal copies, etc. Imagine my shock when I read things that stop just a hair short of mortgaging your immortal soul to the leeches who want to sell you a 'license' to use their software (maybe).
Unfortunately, if the terms of the EULA are followed to the letter, there won't be any distribution of the thing, except through X1. Frankly, if people followed the EULA, there might be a few people using the program, but they couldn't tell you about it. It's not allowed. There is more arrant stupidity written into the EULA, but I cut out the usual legal drivel and just give you the most pungent quotes-
1) "X1 is not obligated to provide maintenance, support, or updates to you for the Software."
2) " Except as expressly permitted herein, you may not make or distribute copies of the X1 Pro Software or electronically transfer the X1 Pro Software from one computer to another or over a network."
3) "You may not access any third party software made available in connection with or through the Software without the presence and execution of the Software."
4) "You may not view documents using any third party software made available in connection with or through the Software other than from within the Software."
5) " You agree to keep the Software strictly confidential, and not to disclose the Software to anyone."
6) "YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE AND SUCH THIRD PARTY SOFTWARE."
There you have it. Especially note that they try not only to handcuff you with regards to their own software, but to put chains on your use of OTHER PEOPLE'S SOFTWARE. I'm sure that they think this is okay, but if *I* were a software developer, the last thing in the world I'd do was write anything that might qualify as a third-party add-on to X1. Who wants to write an add-on for a program that no-one in their right mind would install? Bad enough that they don't have to support their program if they don't feel like it. But they obviously don't want anyone else to support it, either.
I advise that you stay away, FAR away, fromthis software and anything else put out by X1.
The product and the company are called X1. They're based in California, which once again earns its reputation as the home of DisneyLand and La-La Land.
The first thing that made me sit up and take notice was that the thing wanted to use the Windows online installer to download and run the actual setup routine. Personally, I don't even like to let MICROSOFT run this thing. If a hacker got is fingers into it, your whole system security is toast. And the way it works doesn't let you check the thing, OR the software it installs, for viruses/Trojans/worms. Being a software junkie and a risk-taker from way back, I let the thing bring down the install. Phew! Dodged THAT bullet! No signs of a virus.
Then the REAL attack on my system began! I got through the usual 'Duh, where do you want to put this thing' and got hit smack in the face by their EULA. I know that it's fashionable to simply click through these things and go your merry way, unphazed by the idea of being sued for tromping on some giant software company's toes, but have you noticed that the first 261 of the RIAA's victims are NOT laughing? The EULA is no longer something we can afford to ignore. Ask for the opinion of that poor New York City mom, who had to shell out $2,000 for the actions of her not-yet-teenage daughter. But I doubt if you want to hear that many dirty words from a formerly nice person.
So, I started a quick read through the EULA, expecting the usual crap about destroying the copies of the software if you ever sell or give away your licensed copy and about promising on a stack of bibles not to do bad things like make illegal copies, etc. Imagine my shock when I read things that stop just a hair short of mortgaging your immortal soul to the leeches who want to sell you a 'license' to use their software (maybe).
Unfortunately, if the terms of the EULA are followed to the letter, there won't be any distribution of the thing, except through X1. Frankly, if people followed the EULA, there might be a few people using the program, but they couldn't tell you about it. It's not allowed. There is more arrant stupidity written into the EULA, but I cut out the usual legal drivel and just give you the most pungent quotes-
1) "X1 is not obligated to provide maintenance, support, or updates to you for the Software."
2) " Except as expressly permitted herein, you may not make or distribute copies of the X1 Pro Software or electronically transfer the X1 Pro Software from one computer to another or over a network."
3) "You may not access any third party software made available in connection with or through the Software without the presence and execution of the Software."
4) "You may not view documents using any third party software made available in connection with or through the Software other than from within the Software."
5) " You agree to keep the Software strictly confidential, and not to disclose the Software to anyone."
6) "YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE AND SUCH THIRD PARTY SOFTWARE."
There you have it. Especially note that they try not only to handcuff you with regards to their own software, but to put chains on your use of OTHER PEOPLE'S SOFTWARE. I'm sure that they think this is okay, but if *I* were a software developer, the last thing in the world I'd do was write anything that might qualify as a third-party add-on to X1. Who wants to write an add-on for a program that no-one in their right mind would install? Bad enough that they don't have to support their program if they don't feel like it. But they obviously don't want anyone else to support it, either.
I advise that you stay away, FAR away, fromthis software and anything else put out by X1.
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