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2 edits | reply to bruzzes
Re: EULA Privacy Statements. Hi:
I've been mulling over this all afternoon. A couple more clauses that we're starting to see in EULAs and Privacy Policies ought to be mentioned. Both of these clauses are driven by the desire of crapware companies to get some legal leverage against apps like Ad-aware and SpyBot S&D.
The first clause specifies that the user agrees not to use "unauthorized uninstallation methods" -- in other words, you can't use a third-party app like Ad-aware or SpyBot S&D to scrub your PC clean of their garbage. Here's a good example from the GAIN (Gator) EULA ( »www.gainpublishing.com/help/app_···est.html ):
said by GAIN EULA:
Access and Interference. You agree that you will not use, or encourage others to use, any unauthorized means for the removal of the GAIN AdServer, or any GAIN-Supported Software from a computer. For a list of authorized means for the removal of GAIN-Supported Software, view »webpdp.gator.com/gain/51/about-gain-01.html. You also agree that you will not use, or encourage others to use, any robot, spider, other automatic or non-automatic manual device or process intended to interfere or attempt to interfere with the proper working of any GPI Supplied Materials, or third party GAIN-Supported Software. You agree not to use any means to avoid the display of any GAIN Ads while retaining the ability to use any GAIN-Supported Software other than purchasing a license to all GAIN Supported Software.
Another clause that I've starting seeing is one that authorizes the company to remove software from your computer that "interferes" with their service and software. What might that be? It could easily mean anti-crapware apps like Ad-aware and SpyBot S&D -- those are obvious targets. But couldn't it also mean a firewall that you've configured to deny internet access to their apps? How about the new NAV 2004 that targets their app for removal?
You can think of this clause as the "Radlight clause" in honor of the software that caused a furor during the spring of 2002 when it uninstalled Ad-aware without notice or warning. Radlight took a beating for that move. These companies would still very much like to bite back at Ad-aware and other similar apps, but they're much more careful to cover their backsides.
Here's an example of that clause from CommonName ( »www.commonname.com/eng/help/poli···ence.asp ):
said by CommonName EULA:
2. USE
(...)To enable our service to operate, it may be necessary to override or remove software from your computer that performs a similar function or tries to override or hinder our service. By choosing to download CommonName you authorise us to take this step.
CommonName will do its best to continue offering the services “as is”, but may be required for various reasons, within or not within our control to alter any part of its services. By choosing to download CommonName you authorise us to make any amendments that we deem appropriate or are required to make.
You'll notice the language that mens rea and I mentioned earlier which gives the company carte blanche to push whatever software and modifications it desires onto your computer.
Folks, these are not companies or applications that you want to have any business with.
Best,
Eric L. Howes | | |
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Reviews:
 ·Shaw
| Eric, I had read those conditions with some interest, and in fact referred to them in your post concerning Dell and spyware removal: »Dell does not support the removal of spyware. Personally, I would not hesitate to use a third party program to remove such offending software, particularly where there has been no notice by the crapware company that the installation of their product may in fact impact upon the performance of my pc.
I suppose crapware may (and I do emphasize may) have some sort of leg to stand on if the removal program merely strips the offending component and otherwise leaves the software intact and usable, since it has now been altered for use. Simple solution, have it break completely, and good riddance. | |
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