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Re: EULA Privacy Statements. bruzzes:
This is an excellent question (or set of questions).
I'm assuming that you're concerned about classic bundled adware -- i.e., software that piggybacks on other software (host software). The classic example of this is KaZaA, so let's take a look at KaZaA's EULA (»www.kazaa.com/us/terms.htm)
said by KaZaA EULA:
7. Sharman's Right to Run Advertising without Payment to Users
7.1 Sharman reserves the right to run advertisements and promotions on the Kazaa Media Desktop.
7.2 By accepting the terms of this Licence, you agree that we have the right to run such advertisements and promotions without compensation to you.
7.3 The timing, frequency, placement and extent of advertising by us within the pages comprising kazaa.com or the Kazaa Media Desktop is subject to change and shall be determined by us at our sole discretion.
7.4 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Kazaa web site or Kazaa Media Desktop, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
7.5 You agree that Sharman is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Kazaa Media Desktop and/ or the Kazaa web site.
8. Links to Third-Party Sites and Channels
8.1 Sharman may provide links to or frame various third party web sites or frame within such sites through the Software or on kazaa.com, including co-branding and other relationships that offer e-commerce and other services and features to users. Any third-party sites, including channels, to which kazaa.com or the Kazaa Media Desktop may link or frame are not under control of Sharman. Sharman does not have any responsibility or liability for any information, data, communications or materials available on such third-party sites. These linked and framed sites are only for your convenience and you therefore access them at your own risk.
The company grants itself the right to inundate you with advertisements, make money off those advertisements, junk your computer with those advertisements, all without incurring any responsibility to you.
You'll find that this is a frequent theme in these EULAs: we have all kinds of rights but no responsibilities; you have all kinds of responsibilities but absolutely no rights.
said by KaZaA EULA:
9. Third Party Software
9.1 During the process of installing Kazaa Media Desktop, you must install software from third party software vendors pursuant to licences or other arrangements between such vendors and yourself ("Third Party Software"), including without limitation those software components noted in Section 9.4 below. Please note that the Third Party Software may be subject to different licences or other arrangements, which you should read carefully. By installing and using this Third Party Software you accept these Third Party Software licences or other arrangements and acknowledge that you have read them and understand them. Sharman does not sell, resell, or license any of this Third Party Software, and Sharman disclaims to the maximum extent permitted by applicable law, any responsibility for or liability related to the Third Party Software. Any questions, complaints or claims related to the Third Party Software should be directed to the appropriate vendor.
9.2 Sharman makes no representations or warranties of any kind concerning the quality, safety or suitability of this software, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement to the maximum extent permitted by applicable law, in no event will Sharman be liable for any indirect, punitive, special, incidental or consequential damages however they may arise and even if Sharman has been previously advised of the possibility of such damages.
9.3 There are inherent dangers in the use of any software available for downloading on the Internet, and Sharman cautions you to make sure that you completely understand the potential risks before agreeing to install any of the Third Party Software. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the Third Party Software, and Sharman will not be liable for any damages that you may suffer in connection with using, modifying or distributing any of the Third Party Software.
9.4 Embedded Third Party Software
9.4.1 Cydoor. The Software includes a Cydoor Technologies advertising delivery program, which may display web content such as banner ads, e-commerce offers, news headlines and other value-added content. The Cydoor component uses your Internet connection to update its selection of available ads and stores them on your hard drive. For information on Cydoor Technologies and their software, go to »www.cydoor.com. For information on their privacy policy, go to »www.cydoor.com/Cydoor/Company/Co···vacy.htm.
9.4.2 Topsearch. The Software includes the Topseach software provided by Altnet. The Topsearch component regularly downloads an index of available Altnet content through your Internet connection. This index contains a list of available rights managed files which can be displayed in your search results. For information on Altnet and their software, go to »www.altnet.com. For information on their privacy policy, go to »www.altnet.com/privacy/.
9.4.3 Bullguard P2P. The Software comes with a virus protection feature provided by Bullguard Technology, which is designed to guard your computer from virus attacks by quarantining and deleting files downloaded via P2P that may have a virus. The BullGuard P2P component will update its virus definition file through your Internet connection. . For information on Bullguard and their software, go to »www.bullguard.com. For information on their privacy policy, go to »www.bullguard.com/privacypolicy.aspx
9.4.4 GAIN AdServer. Kazaa Media Desktop incorporates a software component called the GAIN AdServer, which is provided by GAIN Publishing. The GAIN AdServer software identifies your interests based on some of your computer usage and uses that information to deliver advertising messages to you. This software helps keep Kazaa Media Desktop free. The GAIN AdServer is provided pursuant to the GAIN Publishing End User License Agreement and Privacy Statement (located at »www.gainpublishing.com/help/psdo···p51.html), which you acknowledge that you have read and accept. If you would like to stop receiving advertisements through the GAIN AdServer, you will need to remove all GAIN supported software from your computer, including Kazaa Media Desktop, using the Add/Remove Programs Control Panel. For further information on GAIN Publishing and the GAIN AdServer, go to »www.gainpublishing.com/.
9.4.5 PerfectNav. Kazaa Media Desktop comes with a software program called PerfectNav, which is provided by eUniverse, Inc. PerfectNav is designed to redirect your URL typing errors to PerfectNav's web page. This software helps keep Kazaa Media Desktop free. The PerfectNav software is provided pursuant to the PerfectNav End User License Agreement (located below as Exhibit A), which you acknowledge that you have read and accept. For further information on eUniverse, go to »www.euniverse.com/.
And here are the terms notifying you of the installation of a whole host of third-party software. Notice that in agreeing to this agreement, you're effectively agreeing to the terms of agreement with at least five other software makers, which they name and link to. So, you'll have at least five other agreements whose terms you'll be bound by. You'll find that those other agreements are just as exploitative as this one. And once again, the company exempts itself from any and all responsibilities for this third-party software (even though they're making money off it).
KaZaA (Sharman Networks) also provides a privacy policy, which you can read here:
»www.kazaa.com/us/privacy/privacy.htm
It's not much of a privacy policy, though, as it pretty much says that Sharman Networks will collect massive amounts of data, use it however it wants, and that's just your tough luck.
Rather than run through the terms of other EULAs and privacy policies, let me give you links to some classic examples:
GAIN (Gator) EULA
»www.gainpublishing.com/help/app_···est.html
GAIN (Gator) Privacy Policy
»www.gainpublishing.com/help/psdo···e51.html
FunWeb EULA
»www.funwebproducts.com/eula/
FunWweb Privacy Policy
»www.funwebproducts.com/privacy/
eAnthology (Stop-Sign) EULA
»www.eanthology.net/legal/?pg=sto···e&rfx=na
eAnthology (Stop-Sign) Privacy Policy
»www.eacceleration.com/privacy/?p···e&rfx=na
KeenValue EULA/Privacy Policy
»www.keenvalue.com/privacy.htm
IE Plugin EULA/Privacy Policy
»www.ieplugin.com/terms.html
SearchEnhancement EULA
»www.searchenhancement.com/terms.html
SearchEnhancement Privacy Policy
»www.searchenhancement.com/privacy.html
NewDotNet EULA
»www.new.net/policies_software.tp
NewDotNet Privacy Policy
»www.new.net/policies_software_privacy.tp
Note that some of these EULAs and privacy policies are for classic bundled adware -- products that are bundled with host apps like KaZaA -- and others are standalone products that are installed off the web, often by drive-by-downloads. Some of the apps covered here fall under both categories.
For a discussion of Privacy Policies and why they're generally worthless as guarantees of privacy (including links to news articles and a line-by-line analysis of Yahoo's policy), see this page:
»www.staff.uiuc.edu/~ehowes/priv-pol.htm#that
For a breakdown of what constitutes "crapware," "hijackware," "spyware," and other unwanted software, see these pages:
»www.staff.uiuc.edu/~ehowes/crap-count.htm
»security.kolla.de/index.php?lang···etpolicy
»www.spywareguide.com/category_list_full.php
Unfortunately, there isn't a simple set of guidelines on what to look for. The best thing to do is to read a good sample of EULAs and privacy policies. In doing so, you'll become familiar with the terms that are almost universal to all such agreements and you'll be able to spot more quickly those that are unique to any one particular EULA or Privacy Policy.
Hope the above has been of some help.
Best,
Eric L. Howes | |
bruzzesPremium
join:2001-04-26
Euclid, OH Reviews:
 ·AT&T U-Verse
| Another comprehensive answer that is informative, concise, and broken down into simple layers for novices such as myself in this area.
For some reason I feel apologetic for asking such simple
almost naive questions, but sometimes those are the most important questions to ask.
Dave's answer is also important. However, it is BECAUSE most people don't read the EULA, that I had asked for some guideline.
So it is safe to say that the following terms can be found that warrants caution:
Right to Run Advertising without Payment to Users
By accepting the terms of this Licence, you agree that we have the right to run such advertisements and promotions without compensation to you.
May provide links to or frame various third party web sites or frame within such sites through the Software
Embedded Third Party Software
Again, thanks for an informative answer.
--
"Where am I" I asked. "Your on the Island of Conclusions" he replied. "How did I get here?" said I. "Why you jumped here, of course" | |
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