Oops, Is That Your EULA?

["Hart, Geoff" <Geoff-H -at- MTL -dot- FERIC -dot- CA>]

I think the time will soon arrive when consumers, fed up with
incomprehensible, restrictive, verbose end-user licenses, will revolt and
institute a class-action lawsuit against some major manufacturer to set a
legal precedent.  I've certainly seen EULAs that seem to contradict the
"fitness for purpose" provisions of the consumer-protection laws, and ones
that I (despite my expertise with the English language) was wholly unable to
parse.

I can imagine that less-skilled readers than we are would have even more
difficulty. The U.S. SEC has already imposed plain-English rules for the
purveyors of mutual funds, and I think it's long past time that the
department of Commerce (or some other appropriate legal authority) did the
same with EULAs. Such agreements should be clear enough for the average
reader to understand, short enough that these people are willing to try, and
in better conformity with consumer protection legislation*. Ralph Nader, you
listening?

* For example, I'll bet you that if you polled purchasers of software, not 1
in 100 will be able to tell you whether they've purchased the software (just
like they'd purchase a book) or licensed it (like renting a car), and what
the difference between these terms happens to be. This strikes me as a
communications failure at best, and deceptive advertising at worst.

--Geoff Hart, geoff-h -at- mtl -dot- feric -dot- ca
Forest Engineering Research Institute of Canada
580 boul. St-Jean
Pointe-Claire, Que., H9R 3J9 Canada 
"User's advocate" online monthly at
www.raycomm.com/techwhirl/usersadvocate.html
"By three methods we may learn wisdom: First, by reflection, which is
noblest; second, by imitation, which is easiest; and third, by experience,
which is the bitterest."--Confucius, philosopher and teacher (c. 551-478
BCE)


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