In the coming days I’ll post on Microsoft’s Vista EULA and obtuse DRM policies as a possible watershed moment/turning point for digital agreements as we know them. Additionally, I’ll summarize the year in DRM (digital rights management) and how consumers and developers/corporations alike can learn from present-day experiments and reforms in DRM-free music distribution as a way to reform the licensing and sharing of products and services. Finally, I will suggest some best practices and how I’ve found many major corporations to not only shy away from discussing their EULAs and licensing policies, but have actively worked to obfuscate the historical evolution of their licenses online and otherwise.

Now a word from YOU… Tracy submitted this in an attempt to calm her rage against her television set-maker’s unruly requirements for registration in order to provide warrantied support.

EULA URL: http://www.rca.com/content/viewdetail/1,2811,EI79-CI255,00.html?
Product: RCA Thomson, Customer service for a broken TV.

Low Point: In order to *ask a question about a product*, I have to “register an account”: I must consent to their profiting from a sale of my personal information. I know from the story of Veterans Admin stolen laptops, and other stories of stolen data, that every “live” contact is worth well over $10/. …How much, exactly, is my information worth? ( That is, I am a real person, with a real address, and a real phone number, and a real email)

PS they didn’t answer the question, they did give me a phone number (Unavailable on company literature. Company requires internet registry for any contact.)

The sign says, “If you do not wish to appear in the filming, please stay clear of the area. By entering this area you grant the producers of the footage the right to use footage of your likeness and your voice.”

So you might want to consider throwing down and trademarking your likeness before popping into Disneyland.

(Thanks, Cory)

The basic demands of this TOS:

In your request you must submit a legal photo-identification (Drivers license or passport), a valid social security number, a resume with three personal and business references with your legal address of your business and your landline telephone number that you can be reached at without undue delay.

If you do not following these guidelines — “You will be named as a Cyber Pirate aka a person of ill repute.” [emph. added]

I look forward to hearing from them.

(Thanks to Kitty for the suggestion)

Readers: please comment and feel free to contribute your own tale of EULA/waiver/consent astonishment via email or this form.

(and no, I didn’t even think about getting clearance before posting the above).

Help this project grow: provide your juiciest examples — good and bad — on our form, comments section, or via e-mail.

We Can Delete All the Movies We Sell You
Amazon Unbox: (View Terms).
Section 9(c): “If Amazon changes any part of the Service or modifies license terms… you acknowledge that you may not be able to access, view, or use Digital Content in the same manner as prior to such changes, and you agree that Amazon shall have no liability to you in such case.”

Installation on Certain Computers May Result in NOTHING Working
Windows Vista Operating System: (view PDF)
“You may use the software installed on the licensed device within a virtual (or otherwise emulated) hardware system. If you do so, you may not play or access content or use applications protected by any Microsoft digital, information or enterprise rights management technology or other Microsoft rights management services….”

The inaugural ‘EULA of the Week’ comes from the RockQuest Climbing Center in Cincinnati, Ohio. “Not just a Rock Gym,” the site advertises — according to their waiver (PDF) (available via a prominent link at the bottom left of the home page), they’ll laugh when you fall and laugh harder should you dare blame anybody (or thing) except your own stupid self.

The real kicker comes near the bottom of the form — and correct me if you’ve come across this before. After promising not to sue RockQuest or its employees and volunteers, you guarantee to refund their attorney’s fees should any be incurred as a result of your participation on RockQuest’s ever-unpredictable indoor rock-climbing walls.

The nature of a ‘EULA’ and similar agreements/passive consent, etc and the surreptitious disclaimers within are not unique to digital products & services. As one reader noted, it goes all the way back to carny tickets if not further. Keep ‘em coming — submit via:e-mail | anon. form. More examples here.

The most valuable, informative, and|or unbelievable submissions will be featured in this area.

Contributors and participants will be contacted by e-mail and asked for permission before anything is re-published.

Thanks!