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Greg Low (The Bit Bucket: IDisposable)

Ramblings of Greg Low (SQL Server MVP, MCM and Microsoft RD) - SQL Down Under

EULAs, Passwords and the Apple AppStore

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http://greglow.com/index.php/2011/01/20/eulas-passwords-and-the-apple-appstore/

Published Wednesday, January 19, 2011 9:00 PM by Greg Low

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WiggityWiggityWiggityWhack said:

Bah, I barely even made it through your article.  I never read the EULA.  

I tried once and my brain started throbbing from all the legalese -- who could possibly understand all that garbage???

January 19, 2011 6:01 AM
 

TiborKaraszi said:

Indeed. I have the very same thought, on both accounts. :-)

January 19, 2011 6:04 AM
 

SQLChap said:

I sometimes read the EULA but even when I do I'm not sure I understand it.

Robert makes an interesting point which is what do you do if you don't agree.

http://www.frictionlessinsight.com/archives/2002/03/you-may-read-th.html

If you don't agree to the istore policy can you take your apple device back to the shop for a full refund or can you load your applications from an alternative store?

January 19, 2011 6:40 AM
 

Jerry said:

I concur on both counts!  A few years ago I received some disks with some demo software (you remember disks?).  The flap on the disk container was sealed with a sticker that said, "By tearing this seal you agree to the EULA contained within."  No lie.

When the salesman called up a couple days later and asked how the demo was going, I told him I was unable to open the disk container because I had to agree to something I couldn't read until after I had agreed with it.  He had no idea how to proceed at that point.  It was quite funny.

Obviously, I really had no intention of using the software or else I would have gone ahead and opened it. It just gave me a great opportunity to watch the sales guy squirm a bit.  :)  But you are right, I cannot see how that ever could have stood up in court.

January 19, 2011 2:21 PM
 

Nick said:

Interestingly enough while EULA's may not have been tested recently, Acceptable Usage Policies have been tested. With the Western Australian Supreme Court upholding a conviction against a woman for breaching an AUP.  It seems once you breach an AUP you are liable for criminal sanctions for unauthorised access.

http://thewellthoughtword.blogspot.com/2011/01/breaching-acceptable-use-policy.html

January 19, 2011 5:22 PM
 

merrillaldrich said:

One of my favorite aspects of EULA's is the ever present "merchantability and fitness for purpose" clause that essentially says "OK, we advertized that the software would do X and solve problem Y, but now that you're on the hook, we're actually not saying that it does anything in particular or fits any need you might or might not have."

The amazing thing is that software has been so compelling to people that everyone ignores this clause and buys it anyway. Imagine if a new car sale worked this way - we'll advertise how a car will take you places, but if you buy one, it might just not do that, but it'll be your problem.

January 20, 2011 3:22 PM
 

Saran said:

I concur Merill Aldrich. I had read that a couple of times and had wondered, "What's wrong with the industry and these people?" In some software that I installed it also said, it may cause your computer system not to function properly.

Is there any software that in the EULA says "it would not send any personal information without the users acceptance?" Why shoul the customers get on the hook for it?

January 24, 2011 1:35 PM

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