OT: click license (was Re: Software Licensing and Sanity (was ...))

[Fairlight]

>From inside the gravity well of a singularity, Kenneth Brody shouted:
> 
> Well, I don't know if it's been challenged recently in the courts, but I've
> seen "click to agree" license agreements that require you to (1) scroll down
> through the entire text of the agreement before enabling the box for step 2,
> (2) click on an "I agree" box, and finally (3) click "proceed".
> 
> Yes, it's still possible for you kid/cat/cup of coffee do all of these for
> you, but it's less likely.  I guess the idea is to make it harder for you
> to claim "but I didn't agree to that".  (Though anyone who's seen Alex on a
> computer could easily testify that, having him see it done once, could do it
> himself if he so chose.)

I wouldn't be so much concerned about kid/cat/cup of coffee.  I've seen
those as well.  But the thing is knowing that there are going to be a whole
slew of people out there who have seen so many ludicrous EULA's that are
pretty much written in legalese anyway, that they'll just assume it's the
same ol' BS, scroll down, select, and click anyway, without even bothering
to read -any- of the text.  It's "just another one of those annoying
licenses...".  *Scroll, scroll scroll, click, click*  "Finally.  Damned
thing.  Just let me install it, already!"

It's obviously happened many millions of times over with M$'s Passport
system, as the EULA snags in that came as quite a shock to many once
someone actually bothered to look at it closely.  And that's -one- thing.
Start multiplying.

By the time someone's done purchasing the software in the first place, most
probably don't give a damn.  "You pays your money, you gets your software,
and you installs it!"  I suspect that, "You takes your chances," falls in
there twice--both with the stability of said software -and- the sneaky
EULA's.

FWIW, our industry isn't the only one with patently absurd terms.
Apparently the cellular industry is worse.  I was reading a recent article
somewhere (I think from GripeLine) about Cingular.  Now I've been with them
for 2 years and never had a problem--they've even bent over backwards to
honour a quote that went against their plan, as recently as 2 weeks ago.
But some people have had nightmares with them, Verizon, and several others.
But those are -real- contracts.  Actually, I read mine in full when I
signed up two years ago.  I honestly didn't read the full thing again when
I just resigned on for another two years, but at $240 early cancellation,
prorated, it's not -that- big a deal.  I don't see bailing early anyway.
So far, they've been 10x as good as BellSouth -or- GTE.  (Yes, I'm aware
that BellSouth owns half of them...the contrast of which never ceases to
amaze me.)

I'll read real contracts in full before signing them.  I'll question
points--I've even made modifications, which is perfectly legal if both
parties sign thereafter.  (Actually, when you visit a doctor, they pay SO
little attention that I'm tempted to cross out and initial the clause
saying I agree to pay the balance that my insurance won't cover, and let
them sign off on it after that, never having noticed.  Haven't tried it
yet, but it's tempting.  I wonder if that would hold up...probably not,
since they don't sign their own contracts.)

I'd be lying if I said I don't often skim clickware EULA's if I even bother
at all.  I'll read them more carefully if I have a doubt about it, like if
it's a subscription-based game where my credit card is involved.  But most
of the time, "Yadda yadda yadda."  And I think a lot of people are like
that, especially in light of the return/refund situation once it's opened.
People have become so inured to the omnipresent things that it's like
electrical outlets--you don't even notice them until the power grid goes
down during a storm.

mark->
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