Tuesday, December 21, 2004

A Fatal Blow to Shrinkwrap Licensing?

Ed Foster's Gripelog covers what he says could be a Fatal Blow to Shrinkwrap Licensing.

The Settlement Agreement provides to the General Public of California, amongst other things, the right of consumers to return applicable Symantec, Adobe and Microsoft software for full monetary refunds even if the shrink-wrap has been opened ... In addition, Symantec, Adobe, and Microsoft agreed to provide EULAs for the applicable software products on their web site and notices on their respective software packaging of the web addresses to such EULAs so consumers can review such EULAs prior to purchase of the software.' CompUSA, Best Buy and Staples 'agreed to provide such EULAS to consumers upon request prior to sale of the above software at their retail stores in California and to provide notices to consumers in such stores to effectuate the above.

I don't think this is a fatal blow. Software vendors simply need to make sure that users can read the license before they open the package.

It is ridiculous to expect people to read multi-page EULAs and consult a lawyer for every piece of software they install. What I would like to see is a condensed version of the EULA, maybe with symbols like you find on the care tags in your laundry. Something like Creative Commons offers. They should form some sort of software developers organization, who would then decide on all the various clauses you can have in your EULA. Then publishers would simply select from that predefined set, and put the associated symbols and explanation text, in their EULA. Then we as consumers could look at see exactly what we are getting into.

Seems like I remember reading something about this somewhere a while ago. If you remember the link please let me know!

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