Slagging on software EULA’s (“end user license agreements”) goes in and out of fashion. Since I’m perpetually the third-to-last guy to hop on a bandwagon, I figured I’d at least be consistent and join this party late as well.
So let’s get right to it: software EULA’s are broken. They’re unusable. And not just for the reasons you might think. Pretty much everything about the EULA experience is horribly, horribly wrong.
Let’s start with the legalese. I’m aware of how and why legal writing has become so impenetrable and difficult to parse. (For more on this, check out this Wikipedia article.) Defenders of the language and style of legal writing point to the need to disambiguate as much as possible and cover all potential contingencies when writing law or a contract. But that argument is specious. Bloated, meandering legalese is created by lazy people who can’t be bothered to express their thoughts and intent clearly and succinctly.
Here’s an example of laziness in action (now *that’s* a contradiction in terms…) that I just encountered while attempting to install a software application I was interested in evaluating. For the curious, I was installing the open source version of SugarCRM, an application for managing customer and sales information. Let me be clear about one thing: I am NOT singling out SugarCRM for extra-special vituperation. They’re just doing what everyone else does. Their EULA experience is really no better or worse than any other vendor’s.
I started the SugarCRM install, and in one or two clicks was presented with this screen:
I don’t typically give the EULA screen more than a nanosecond of thought, but something spurred me to actually check out the license agreement. I started scrolling the text box, but quickly grew frustrated. So I put my pointer in the text box and pressed CTRL+A (“select all”) to highlight the EULA text. I planned to copy it and then drop it into a Word doc.
Surprise… the text didn’t highlight.
Now I know a usability issue when I see it. My curiosity was piqued: just how bad *was* this user experience? So I manually highlighted the EULA text on the first line, and then dragged my pointer downward. Sure enough, the text started highlighting. I figured I’d just keep my index finger down for however long it took to highlight the entire text, then try CTRL+C (“copy”).
The scrollbar indicator was taking an awfully long time to move downward. Then I noticed just how small the scrollbar indicator rectangle was… and I knew this might take a while.
After a solid 2 minutes, I had finally selected the entire block of text in SugarCRM’s EULA screen. Of course, upon pressing CTRL+C I received no indication that the text block had actually copied to the clipboard. But I took the chance, opened up Word, and pressed CTRL+V (“paste”).
When Word stopped grinding, the first thing I did was look at the page count at the bottom left of the status bar.
It said the document was SIXTY PAGES LONG.
Back in the day, I had occasionally seen Word spaz out on a page count; so I hopped to the end of the document then back to the beginning, thinking that the page count would settle down to a reasonable number.
It stayed at sixty pages.
Sixty single-spaced, twelve-point, Times New Roman, one-inch vertical by one-and-a-quarter-inch horizontal margined pages.
Guess how many words?
It has 18,284 of ‘em.
I’ve posted the EULA here so you can revel in its repulsiveness.
So let’s review: the application’s EULA is sixty pages long in Word. The text box on the EULA screen is 470 pixels wide by 135 tall (less if you subtract the gutters). And you can’t easily copy/paste the EULA into an easier-to-read format; you’re expected to read it in this tiny 470-by-135 aperture. Here’s the kicker: it’s written in dense legalese, with seemingly random switches between sentence case and upper case.
Sucks, doesn’t it?
It’s almost like they DON’T WANT you to read it. Typically, the only people who want you to agree to a legal contract without fully understanding it are slimy car salespeople and dishonest mortgage loan officers. Now I doubt that anyone at Sugar actually thinks like that; a quick perusal of their site shows that they’re committed open-sourcers who do much for the development community. In short, they seem like good people.
So why the unusable EULA? Probably the typical reasons: the developer who coded the installer forgot to enable right-click select/copy/paste in the EULA text box. And 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.
Now I was even more curious, and I wanted to do some comparative EULA-gawking. So I played around with the next two apps I had occasion to install: Windows Live Messenger and the iTunes 7.1 update.
Windows Live Messenger
Microsoft’s instant messenger app had a surprisingly readable EULA, but was a snooze-inducing 12 pages and 6,343 words long. The EULA text box was super tiny at 415 by 100 px, but it did permit both keyboard and right-click select/copy/paste.
I’ve posted the EULA here for your edification and enjoyment.
iTunes
Apple’s iTunes EULA experience was not considerably better or worse than the other two. While (relatively) brief at five pages/2,091 words, it yelled at me (i.e., was in all caps) at random times. Guess that famed Apple user experience doesn’t extend to the EULA. Here’s a screenshot showing the generous-for-this-crowd text box aperture:
The EULA itself can be found here. It too suffers from a bad case of boilerplate-itis.
Usable EULAs
This is the part of the rant where I should tell everyone how to create a better EULA experience. So without further ado…here are my recommendations for more usable EULAs:
- Content: Lose the legalese. Lawyers, say no to boilerplate. Say yes to plain language. And try your best to keep it brief. Not only will you communicate more effectively, the lay community might hate you less.
- Readability and flexibility: Display a bigger text box, provide easier ways to select/copy/paste, provide a print button, or (preferably) do all three.
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 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.
More about EULAs at:
Boing Boing: ReasonableAgreement.org – the anti-EULA
Ben Edelman: EULAs Gone Bad
EFF: Now the Legalese Rootkit: Sony-BMG’s EULA
