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	<title>Comments on: Unusable EULA&#8217;s</title>
	<atom:link href="http://www.usabilityblog.com/2007/03/unusable-eulas/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.usabilityblog.com/2007/03/unusable-eulas/</link>
	<description>Blogging about user experience, usability, and design</description>
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		<title>By: habika</title>
		<link>http://www.usabilityblog.com/2007/03/unusable-eulas/comment-page-1/#comment-9632</link>
		<dc:creator>habika</dc:creator>
		<pubDate>Sat, 22 May 2010 12:28:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.speechusability.com/wordpress/?p=102#comment-9632</guid>
		<description>the Sugar legal team undoubtedly just concatenated the separate boilerplate licenses for the open-source components installed with SugarCRM, then added in a bit of their own liability-proofing text for good measure. In other words, they were lazy. What resulted is an unfriendly, unusable mess.&lt;br&gt;===============================&lt;br&gt;&lt;a href=&quot;http://www.mortgagecontrols.com&quot; rel=&quot;nofollow&quot;&gt;Mortgage Calculator&lt;/a&gt;</description>
		<content:encoded><![CDATA[<p>the Sugar legal team undoubtedly just concatenated the separate boilerplate licenses for the open-source components installed with SugarCRM, then added in a bit of their own liability-proofing text for good measure. In other words, they were lazy. What resulted is an unfriendly, unusable mess.<br />===============================<br /><a href="http://www.mortgagecontrols.com" rel="nofollow">Mortgage Calculator</a></p>
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		<title>By: Traveling</title>
		<link>http://www.usabilityblog.com/2007/03/unusable-eulas/comment-page-1/#comment-9629</link>
		<dc:creator>Traveling</dc:creator>
		<pubDate>Sat, 22 May 2010 04:40:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.speechusability.com/wordpress/?p=102#comment-9629</guid>
		<description>landram</description>
		<content:encoded><![CDATA[<p>landram</p>
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		<title>By: donnaklopez</title>
		<link>http://www.usabilityblog.com/2007/03/unusable-eulas/comment-page-1/#comment-9381</link>
		<dc:creator>donnaklopez</dc:creator>
		<pubDate>Sun, 12 Apr 2009 17:57:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.speechusability.com/wordpress/?p=102#comment-9381</guid>
		<description>And while we’re on the subject of readability… I also recommend NOT SHOUTING AT YOUR READER. PEOPLE REALLY DON’T LIKE READING IN ALL CAPS. Sentence &lt;a href=&quot;http://www.karlsmortgagecalculator.us&quot; rel=&quot;nofollow&quot;&gt;Karls Mortgage Calculator&lt;/a&gt; case is much more civil, don’t you agree? So that’s all I have today about the EULA experience. I know several other people have written about the sorry state of software EULA’s, so here’s a few links for you. And thanks for listening to my EULA kvetch.</description>
		<content:encoded><![CDATA[<p>And while we’re on the subject of readability… I also recommend NOT SHOUTING AT YOUR READER. PEOPLE REALLY DON’T LIKE READING IN ALL CAPS. Sentence <a href="http://www.karlsmortgagecalculator.us" rel="nofollow">Karls Mortgage Calculator</a> case is much more civil, don’t you agree? So that’s all I have today about the EULA experience. I know several other people have written about the sorry state of software EULA’s, so here’s a few links for you. And thanks for listening to my EULA kvetch.</p>
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		<title>By: donnaklopez</title>
		<link>http://www.usabilityblog.com/2007/03/unusable-eulas/comment-page-1/#comment-8838</link>
		<dc:creator>donnaklopez</dc:creator>
		<pubDate>Sun, 12 Apr 2009 13:57:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.speechusability.com/wordpress/?p=102#comment-8838</guid>
		<description>And while we’re on the subject of readability… I also recommend NOT SHOUTING AT YOUR READER. PEOPLE REALLY DON’T LIKE READING IN ALL CAPS. Sentence &lt;a href=&quot;http://www.karlsmortgagecalculator.us&quot; rel=&quot;nofollow&quot;&gt;Karls Mortgage Calculator&lt;/a&gt; case is much more civil, don’t you agree? So that’s all I have today about the EULA experience. I know several other people have written about the sorry state of software EULA’s, so here’s a few links for you. And thanks for listening to my EULA kvetch.</description>
		<content:encoded><![CDATA[<p>And while we’re on the subject of readability… I also recommend NOT SHOUTING AT YOUR READER. PEOPLE REALLY DON’T LIKE READING IN ALL CAPS. Sentence <a href="http://www.karlsmortgagecalculator.us" rel="nofollow">Karls Mortgage Calculator</a> case is much more civil, don’t you agree? So that’s all I have today about the EULA experience. I know several other people have written about the sorry state of software EULA’s, so here’s a few links for you. And thanks for listening to my EULA kvetch.</p>
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		<title>By: anthropocentric</title>
		<link>http://www.usabilityblog.com/2007/03/unusable-eulas/comment-page-1/#comment-49</link>
		<dc:creator>anthropocentric</dc:creator>
		<pubDate>Wed, 21 Mar 2007 00:56:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.speechusability.com/wordpress/?p=102#comment-49</guid>
		<description>EULA&#039;s are designed to not be read.

Duh.

Exactly like the surgeon generals warning on a box of cigarettes - they break every convention of good design to create a design that lends itself to not being read.

Uppercase text (proven more difficult to read than mixed case), aggravated white space (due to outer border, etc.</description>
		<content:encoded><![CDATA[<p>EULA&#8217;s are designed to not be read.</p>
<p>Duh.</p>
<p>Exactly like the surgeon generals warning on a box of cigarettes &#8211; they break every convention of good design to create a design that lends itself to not being read.</p>
<p>Uppercase text (proven more difficult to read than mixed case), aggravated white space (due to outer border, etc.</p>
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		<title>By: red floyd</title>
		<link>http://www.usabilityblog.com/2007/03/unusable-eulas/comment-page-1/#comment-48</link>
		<dc:creator>red floyd</dc:creator>
		<pubDate>Thu, 15 Mar 2007 21:37:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.speechusability.com/wordpress/?p=102#comment-48</guid>
		<description>Here is the best EULA:

http://www.gnu.org/copyleft/gpl.html

It is designed to *guarantee* your freedom, not take it away.

GPL is not an EULA, it&#039;s a distribution license.  It specifically states you don&#039;t need to accept it to run the GPL program.  I actually filed a bug against FileZilla because it required me to accept the GPL, when the GPL had no such requirement</description>
		<content:encoded><![CDATA[<p>Here is the best EULA:</p>
<p><a href="http://www.gnu.org/copyleft/gpl.html" rel="nofollow">http://www.gnu.org/copyleft/gpl.html</a></p>
<p>It is designed to *guarantee* your freedom, not take it away.</p>
<p>GPL is not an EULA, it&#8217;s a distribution license.  It specifically states you don&#8217;t need to accept it to run the GPL program.  I actually filed a bug against FileZilla because it required me to accept the GPL, when the GPL had no such requirement</p>
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		<title>By: Dark Phoenix</title>
		<link>http://www.usabilityblog.com/2007/03/unusable-eulas/comment-page-1/#comment-45</link>
		<dc:creator>Dark Phoenix</dc:creator>
		<pubDate>Thu, 15 Mar 2007 19:50:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.speechusability.com/wordpress/?p=102#comment-45</guid>
		<description>&lt;p&gt;&gt;Just by glancing at the first EULA, the reason for the problem becomes very obvious: open source license agreements: apache, php, mysql, mod_dav, python (which includes software history, etc), libiconv, various GNU licenses, etc. All of which have different terms. All of which have their own notice requirements. All of which the developer/lawyer didn&#039;t want to read. It also illustrates one of the reasons many corporations and their ill-informed attorneys fear or become frustrated by OSS: too many new license terms. It becomes so frustrating that most don&#039;t view OSS has open at all.&lt;/p&gt;
&lt;p&gt;Actually, that confuses me; only the old BSD licence requires crediting the licence and/or licensors in your software EULA.  Generally, if you&#039;re using OSS, as long as the licence YOU use is GPL-compliant, you don&#039;t have to run down the full GPL/LGPL/BSD/MIT/whatever licence yourself.&lt;/p&gt;
&lt;p&gt;The exceptions, IIRC, are the Apache licence and as I mentioned before, the old BSD licence.  But IANAL...&lt;/p&gt;
&lt;p&gt;Also, I figured I&#039;d mention, after working with Visual Studio, I noticed that Microsoft&#039;s default install generator generates the licence boxes mentioned above; so actually, odds are the LAWYER is generating the licence agreement box and that&#039;s why it&#039;s so horrible in terms of usability.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>&gt;Just by glancing at the first EULA, the reason for the problem becomes very obvious: open source license agreements: apache, php, mysql, mod_dav, python (which includes software history, etc), libiconv, various GNU licenses, etc. All of which have different terms. All of which have their own notice requirements. All of which the developer/lawyer didn&#8217;t want to read. It also illustrates one of the reasons many corporations and their ill-informed attorneys fear or become frustrated by OSS: too many new license terms. It becomes so frustrating that most don&#8217;t view OSS has open at all.</p>
<p>Actually, that confuses me; only the old BSD licence requires crediting the licence and/or licensors in your software EULA.  Generally, if you&#8217;re using OSS, as long as the licence YOU use is GPL-compliant, you don&#8217;t have to run down the full GPL/LGPL/BSD/MIT/whatever licence yourself.</p>
<p>The exceptions, IIRC, are the Apache licence and as I mentioned before, the old BSD licence.  But IANAL&#8230;</p>
<p>Also, I figured I&#8217;d mention, after working with Visual Studio, I noticed that Microsoft&#8217;s default install generator generates the licence boxes mentioned above; so actually, odds are the LAWYER is generating the licence agreement box and that&#8217;s why it&#8217;s so horrible in terms of usability.</p>
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		<title>By: Augur</title>
		<link>http://www.usabilityblog.com/2007/03/unusable-eulas/comment-page-1/#comment-47</link>
		<dc:creator>Augur</dc:creator>
		<pubDate>Thu, 15 Mar 2007 19:31:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.speechusability.com/wordpress/?p=102#comment-47</guid>
		<description>Technically, I would expect that there is not a single EULA in that entire bunch of text.  Open source licenses cannot place restrictions on the use of the software and still qualify as open source.  What you have there are probably nothing but distribution licenses.  You can still use the software if you don&#039;t agree to any of the licenses but you cannot give someone else a copy of the software if you don&#039;t agree to the licenses.  However, the person who created the installer failed to make that clear and instead forced you to agree to distribution terms before you could use the software.  The installer is broken, in my opinion, but not quite in the way you describe.</description>
		<content:encoded><![CDATA[<p>Technically, I would expect that there is not a single EULA in that entire bunch of text.  Open source licenses cannot place restrictions on the use of the software and still qualify as open source.  What you have there are probably nothing but distribution licenses.  You can still use the software if you don&#8217;t agree to any of the licenses but you cannot give someone else a copy of the software if you don&#8217;t agree to the licenses.  However, the person who created the installer failed to make that clear and instead forced you to agree to distribution terms before you could use the software.  The installer is broken, in my opinion, but not quite in the way you describe.</p>
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		<title>By: Daniel</title>
		<link>http://www.usabilityblog.com/2007/03/unusable-eulas/comment-page-1/#comment-46</link>
		<dc:creator>Daniel</dc:creator>
		<pubDate>Thu, 15 Mar 2007 19:17:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.speechusability.com/wordpress/?p=102#comment-46</guid>
		<description>In a similar situation, I suggested to the fellow doing the EULA box that he present a radio button set or some other selection mechanism that controlled what was displayed in the text window.  The default EULA that you see is the one from the software package you&#039;re about to install, and you have the option (and perhaps the obligation) to look at all of the EULAs for each of the packages used in the development of the package, and the GPL &quot;License&quot; file as well.  Because this was a Tcl/Tk application, and cross platform, he didn&#039;t add a print button, but did have a button to copy the entire contents of each EULA to the paste buffer.  (The EULAs were also provided as text files installed with the application.)

I don&#039;t actually know what became of that project.</description>
		<content:encoded><![CDATA[<p>In a similar situation, I suggested to the fellow doing the EULA box that he present a radio button set or some other selection mechanism that controlled what was displayed in the text window.  The default EULA that you see is the one from the software package you&#8217;re about to install, and you have the option (and perhaps the obligation) to look at all of the EULAs for each of the packages used in the development of the package, and the GPL &#8220;License&#8221; file as well.  Because this was a Tcl/Tk application, and cross platform, he didn&#8217;t add a print button, but did have a button to copy the entire contents of each EULA to the paste buffer.  (The EULAs were also provided as text files installed with the application.)</p>
<p>I don&#8217;t actually know what became of that project.</p>
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		<title>By: License Drafter</title>
		<link>http://www.usabilityblog.com/2007/03/unusable-eulas/comment-page-1/#comment-42</link>
		<dc:creator>License Drafter</dc:creator>
		<pubDate>Thu, 15 Mar 2007 16:14:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.speechusability.com/wordpress/?p=102#comment-42</guid>
		<description>&lt;p&gt;Full disclosure: I am a lawyer who both writes and reads EULAs. I&#039;m also a former software developer with a CS degree.&lt;/p&gt;
&lt;p&gt;Just by glancing at the first EULA, the reason for the problem becomes very obvious: open source license agreements: apache, php, mysql, mod_dav, python (which includes software history, etc), libiconv, various GNU licenses, etc.  All of which have different terms.  All of which have their own notice requirements.  All of which the developer/lawyer didn&#039;t want to read. It also illustrates one of the reasons many corporations and their ill-informed attorneys fear or become frustrated by OSS: to many new license terms.  It becomes so frustrating that most don&#039;t view OSS has open at all.&lt;/p&gt;
&lt;p&gt;However, I can honestly say that the way that this is played out though is problematic on so many levels.  It illustrates what happens when non-lawyers get involved with legal terms. Obviously no lawyer stopped to think about how to make the license agreement internally consistent.  Of course, that would be expensive and add costs. Instead, (I would guess) the developers attempted to address was to make sure that each of the various OSS elements is subject to the correct license terms...voila, instant mess.  IN addition, I would bet that the developers don&#039;t even understand their own rights under this agreement.&lt;/p&gt;
&lt;p&gt;Now good license agreements need not be very long.  Truth be told, though, most licenses won&#039;t be short for lots of reasons.  Not the least of which is that developers/licensors don&#039;t want to be sued for how the end users use their software, and, therefore, it&#039;s in their best interest to make very clear the relationship and the assumption of risk. In addition, most agreements reflect many years of experience with people abusing loopholes.&lt;/p&gt;
&lt;p&gt;I&#039;d give the name of my firm, but that&#039;s just tacky.&lt;/p&gt;
&lt;p&gt;P.S. the Pascal license described above (the one in the manual) is probably not enforceable.  Arguably, notice of the terms would come too late.  A person could have installed, run and used the software for a very long time before becoming alerted to the fact that there were terms at all.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Full disclosure: I am a lawyer who both writes and reads EULAs. I&#8217;m also a former software developer with a CS degree.</p>
<p>Just by glancing at the first EULA, the reason for the problem becomes very obvious: open source license agreements: apache, php, mysql, mod_dav, python (which includes software history, etc), libiconv, various GNU licenses, etc.  All of which have different terms.  All of which have their own notice requirements.  All of which the developer/lawyer didn&#8217;t want to read. It also illustrates one of the reasons many corporations and their ill-informed attorneys fear or become frustrated by OSS: to many new license terms.  It becomes so frustrating that most don&#8217;t view OSS has open at all.</p>
<p>However, I can honestly say that the way that this is played out though is problematic on so many levels.  It illustrates what happens when non-lawyers get involved with legal terms. Obviously no lawyer stopped to think about how to make the license agreement internally consistent.  Of course, that would be expensive and add costs. Instead, (I would guess) the developers attempted to address was to make sure that each of the various OSS elements is subject to the correct license terms&#8230;voila, instant mess.  IN addition, I would bet that the developers don&#8217;t even understand their own rights under this agreement.</p>
<p>Now good license agreements need not be very long.  Truth be told, though, most licenses won&#8217;t be short for lots of reasons.  Not the least of which is that developers/licensors don&#8217;t want to be sued for how the end users use their software, and, therefore, it&#8217;s in their best interest to make very clear the relationship and the assumption of risk. In addition, most agreements reflect many years of experience with people abusing loopholes.</p>
<p>I&#8217;d give the name of my firm, but that&#8217;s just tacky.</p>
<p>P.S. the Pascal license described above (the one in the manual) is probably not enforceable.  Arguably, notice of the terms would come too late.  A person could have installed, run and used the software for a very long time before becoming alerted to the fact that there were terms at all.</p>
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		<title>By: PJS</title>
		<link>http://www.usabilityblog.com/2007/03/unusable-eulas/comment-page-1/#comment-44</link>
		<dc:creator>PJS</dc:creator>
		<pubDate>Thu, 15 Mar 2007 13:38:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.speechusability.com/wordpress/?p=102#comment-44</guid>
		<description>I had a sneaking suspicion that my EULA rant would strike a chord in the tech community.

Thanks to the commenters above (and hopefully, below) for the contributions.

I should stop now, or else my head won&#039;t fit through the door.</description>
		<content:encoded><![CDATA[<p>I had a sneaking suspicion that my EULA rant would strike a chord in the tech community.</p>
<p>Thanks to the commenters above (and hopefully, below) for the contributions.</p>
<p>I should stop now, or else my head won&#8217;t fit through the door.</p>
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		<title>By: somebody</title>
		<link>http://www.usabilityblog.com/2007/03/unusable-eulas/comment-page-1/#comment-43</link>
		<dc:creator>somebody</dc:creator>
		<pubDate>Thu, 15 Mar 2007 12:38:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.speechusability.com/wordpress/?p=102#comment-43</guid>
		<description>Here is the best EULA:

http://www.gnu.org/copyleft/gpl.html

It is designed to *guarantee* your freedom, not take it away.</description>
		<content:encoded><![CDATA[<p>Here is the best EULA:</p>
<p><a href="http://www.gnu.org/copyleft/gpl.html" rel="nofollow">http://www.gnu.org/copyleft/gpl.html</a></p>
<p>It is designed to *guarantee* your freedom, not take it away.</p>
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		<title>By: K</title>
		<link>http://www.usabilityblog.com/2007/03/unusable-eulas/comment-page-1/#comment-41</link>
		<dc:creator>K</dc:creator>
		<pubDate>Thu, 15 Mar 2007 11:45:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.speechusability.com/wordpress/?p=102#comment-41</guid>
		<description>I&#039;m right with you on the EULAs.  But I don&#039;t understand why you, as someone concerned about usability, make your blog so hard to read.  I.e., low contrast grey on white.  My view on that practice is explained at http://www.kbh3rd.com/grey/</description>
		<content:encoded><![CDATA[<p>I&#8217;m right with you on the EULAs.  But I don&#8217;t understand why you, as someone concerned about usability, make your blog so hard to read.  I.e., low contrast grey on white.  My view on that practice is explained at <a href="http://www.kbh3rd.com/grey/" rel="nofollow">http://www.kbh3rd.com/grey/</a></p>
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		<title>By: davidwr</title>
		<link>http://www.usabilityblog.com/2007/03/unusable-eulas/comment-page-1/#comment-40</link>
		<dc:creator>davidwr</dc:creator>
		<pubDate>Thu, 15 Mar 2007 10:42:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.speechusability.com/wordpress/?p=102#comment-40</guid>
		<description>Best EULA ever:  An early/mid-&#039;80s version of Turbo Pascal.  The EULA was less than 2 pages long and came printed in the manual.  It came with it&#039;s own summary, which said &quot;treat this software like a book.&quot;  How simple is that?</description>
		<content:encoded><![CDATA[<p>Best EULA ever:  An early/mid-&#8217;80s version of Turbo Pascal.  The EULA was less than 2 pages long and came printed in the manual.  It came with it&#8217;s own summary, which said &#8220;treat this software like a book.&#8221;  How simple is that?</p>
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		<title>By: Mister Thorne</title>
		<link>http://www.usabilityblog.com/2007/03/unusable-eulas/comment-page-1/#comment-39</link>
		<dc:creator>Mister Thorne</dc:creator>
		<pubDate>Wed, 14 Mar 2007 19:22:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.speechusability.com/wordpress/?p=102#comment-39</guid>
		<description>Way back when, Apple used to have the most reasonable license agreements. They offered a model of simplicity, clarity, and respect for the consumer. Now it seems as if they&#039;re in competition with Microsoft.</description>
		<content:encoded><![CDATA[<p>Way back when, Apple used to have the most reasonable license agreements. They offered a model of simplicity, clarity, and respect for the consumer. Now it seems as if they&#8217;re in competition with Microsoft.</p>
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