EFF: EFF Warns Consumers about the Dangers of EULAs

[David Farber <dave () farber net>]

------ Forwarded Message
From: EFF Press <press () eff org>
Organization: Electronic Frontier Foundation
Reply-To: <press () eff org>
Date: Thu, 17 Feb 2005 14:01:42 -0800
To: <presslist () eff org>
Subject: [E-B] EFF: EFF Warns Consumers about the Dangers of EULAs

Electronic Frontier Foundation Media Release

For Immediate Release: Thursday, February 17, 2005

Contact:

Annalee Newitz
   Policy Analyst
   Electronic Frontier Foundation
   annalee () eff org
   +1 415 436-9333 x131

EFF Warns Consumers about the Dangers of EULAs

New White Paper Outlines How Click-Through Agreements Erode
Privacy, Fundamental Liberties

San Francisco - Today the Electronic Frontier Foundation
(EFF) released a white paper warning consumers about how
they can be harmed by end user license agreements (EULAs)
for consumer electronics and online services. Many EULAs
contain terms that damage consumer interests, including
invitations for vendors to snoop on users' computers,
prohibitions on publicly criticizing the product in
question, and bans on customizing or even repairing
purchased devices.

"Overbroad EULAs are one of the greatest threats to
consumer rights in the high tech industry," said Annalee
Newitz, EFF policy analyst and author of the white paper.
"Few people realize that simply visiting a website or
downloading a software update may constitute 'agreeing' to
a EULA that permits third parties to monitor your
communications or allows a vendor to dictate what you can
or cannot do with the product you've bought. Clicking the
'I Agree' button may mean clicking away your privacy,
freedom of speech, or other rights."

EULAs, often called "click-through agreements," have become
ubiquitous in the technology industry. While they are
supposed to bind consumers to strict terms dictated by
vendors, consumers don't negotiate them, don't sign them,
and in many cases can't even read them until after they've
bought the product, taken it home, and opened up the
package.

EFF's white paper, "Dangerous Terms ­ A User's Guide to
EULAs," comes at a key juncture in the case of Davidson
(commonly known as Blizzard) v. Internet Gateway, a lawsuit
that tests whether EULAs can override public protections
under federal copyright law such as the fair use doctrine.
Tomorrow, lawyers for Blizzard will file an appeal brief
arguing that three open source programmers violated
Blizzard Entertainment's EULA by creating bnetd, a free
game server whose creation was a fair use under copyright
law. EFF is co-counsel to the defendants in the case, which
is currently on appeal in the Eighth Circuit.

EFF is also in the process of devising legal strategies to
challenge EULAs. This white paper is intended to educate
the public, but also to serve as a call to arms for
consumers who want to fight  unfair terms in EULAs. EFF
invites people who have been harmed by EULA terms, or who
have been threatened with lawsuits for violating terms in
EULAs, to contact EFF with their stories.

"Dangerous Terms ­ A User's Guide to EULAs"
http://eff.org/wp/eula.php

Consumers harmed by EULAs can contact EFF at:
EULAharm () eff org

More on the Blizzard case:
http://www.eff.org/IP/Emulation/Blizzard_v_bnetd/

For this release:
http://www.eff.org/news/archives/2005_02.php#002412

About EFF

The Electronic Frontier Foundation is the leading civil
liberties organization working to protect rights in the
digital world. Founded in 1990, EFF actively encourages and
challenges industry and government to support free
expression and privacy online. EFF is a member-supported
organization and maintains one of the most linked-to
websites in the world at http://www.eff.org/


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