October 25, 2006
Adobe Flash Player - It’s Totally Audit-omatic
I am sure alot can be said about the EULA for the Adobe (formerly Macromedia) Flash Player, especially considering how essential a component it is for anyone who uses the Internet for more than just e-mail.
One reader submitted the following. I’d be interested in hearing about any actual *audits* that have taken place or why this language is included:
Lowpoints: This:
You agree that Adobe may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse Adobe for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
Means: We get to check your computer to see what you are doing and if we don’t like it, we can change it around until we do.
Highpoints: That IF I installed it, I would be able to see whatever pretty pictures on the internet that Macromedia allowed me to see.
Readers: please comment and feel free to contribute your own tale of EULA/waiver/consent astonishment via email or submit via this form.
I get a feeling this may be the results of a shared eula between their flash viewer and flash maker programmes. They started cracking down on companies a year or two ago and have audited a fair few. It is not done via spying but rather up front starting off with a legal letter saying it will happen and proper auditors being hired.
By eating this food, you agree to the following:…
Cory Doctorow : Andy Sternberg’s “Small Print Project” continues to rack up astounding examples of crummy…
I wasn’t very happy about this either when I spotted it a few years ago, but I came to the conclusion that the clause only remained in effect for the duration of the license. So if Macromedia wanted to audit my PC, I could uninstall Flash and tell them to, ah, go away. (Caveat - IANAL)
I can’t find it on the most recent EULA here
http://www.adobe.com/products/eulas/players/flash/
It may have been replaced with the more reasonable sounding clause 13, which supports Jim’s comments.
I don’t agree to the terms of the EULA. I find the penalties of law for violating Adobe’s copyright on Flash Player to be better terms. I am bypassing the clickthrough and using Flash Player as an un-licensed product. Please come sue me for damages (presumably calculated as a function of the retail price).
Thank you.
Okay, now for a more lucid translation:
“You agree not to rip us off, and we don’t make you pay if we catch you.”
I hate it when people whine about not being able to get away with theft. Geez, grow up already. If someone takes you to court and you lose, guess who pays the lawyers fees? You. Same thing here.
“You agree not to rip us off, and we don’t make you pay if we catch you.â€
Free software!
How are we ripping them off? Are we stealing the free software?
As the original post points out
“especially considering how essential a component it is for anyone who uses the Internet for more than just e-mail.”
This is clearly a load of b.s.
By eating this food, you agree to the following:…
Andy Sternberg’s “Small Print Project” continues to rack up astounding examples of crummy “user agreements” that you find yourself entering into by buying goods and services. Seems like no one wants to “sell” you anything anymore — everything c…
Hi, I’m not accredited as a lawyer, and cannot usefully comment on anything lawyerly at all.
But, I do know the folks I work with each day at Adobe, and I don’t think anyone really has the time or interest in auditing individual machines. I’m supposing that’s a clause for handling corporate piracy issues or such, but I really don’t have useful knowledge here.
But I *do* know that I can pass your essay among the people I work with, to make sure your voice is heard, your concerns considered. Deal…?
jd/adobe
[...] Small Print’s collecting the worst of ‘em — like, when you install Flash Player, you agree to let Adobe audit your PC at any time, and the scam artist who makes you promise you’re not from the FTC as a condition of looking at his site. But this one takes the cake: edible paper with a EULA printed on it — by eating it, you “agree”: Product: A chef in a Chicago restaurant recently perfected a line of edible paper. Customers receive an image of cotton candy printed on a sheet of paper that tastes like cotton candy. Customers who order the treat receive it with the following printed under it: Confidential Property of and © H. Cantu. Patent Pending. No further use or disclosure is permitted without prior approval of H. Cantu. [...]
Itsumishi:
It’s only free software in that you don’t have to pay money for it. But just because you didn’t pay for it, doesn’t mean that it’s use isn’t governed by certain constraints. That’s why you click the “I Agree” button under the EULA when you install the thing. If you don’t like the terms, don’t install it. I don’t know where you get this sense of entitlement, as though you’re somehow owed the right to do whatever you want with the software in quesiton. You didn’t write it, it isn’t yours, it wasn’t intended for certain uses by the makers of the software, you agreed to that when you installed it by agreeing to the EULA so STOP WHINING ABOUT IT ALREADY AND GROW UP!
Itsumishi:
Please forgive the yelling in the last line. I tend to get worked up and short tempered at times. I apologize.
[...] The Small Print Project : Adobe Flash Player - It�s Totally Audit-omatic - toller Blog mit den interessantesten Eskapaden aus den User Agreements; hier: Adobe Flash [...]
I NEED MACROMEDIA LATEST FLASH PLAYER
Do not install it It is peace of Sh… We realy need to do something about it, and stop this spammers, you got two options.
1. Sue them! *asking over and over if you want to install Flash again when you view a page that has embedded flash, pressing NO will not help - bacause of this “feature” it is SPAM
2. To prevent flash install spam:
Just add this few lines to your “Hosts” file using notepad
0.0.0.0 download.macromedia.com
0.0.0.0 activex.microsoft.com
0.0.0.0 active.macromedia.com
Save it as read only.
Enjoy!
want to install adobe flash player
sdfsdafsadfsdfsadfsadf