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This topic comprises 3 pages: 1 2 3
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Topic: Google Chrome
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Frank Angel
Film God
Posts: 5305
From: Brooklyn NY USA
Registered: Dec 1999
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posted 09-05-2008 08:17 AM
Do people live near Detroit on purpose?
I always wondered about those EULAs. I mean, they can put ANYTHING they want in them and people just click I AGREE. I wonder what kind of legal strength. For all you know you could be agreeing to deeding over the title to your car to them, or as in this case, your rights to EVERYTHING you type, even your bank pin and account numbers. Is the agreement as binding as say a real legal document that you sign and have witnessed?
Say if Google started using your bank pin....could they actually go into court and win based on the fact that you clicked some dumbass statement? That kid who took Pepsi, was it? to court because they had an ad that said something to the effect that anyone who can guess the number of pepsi bottle caps that would fit in a jet plane, wins the jet plane. The kid guesses the exact number and he damnit, WANTS HIS JET. Pepsi claimed that it was obvious that the ad was a tongue-in-cheek campaigne, and they never intended to give away a jet. They claimed that they didn't have to give him a jet, no matter, the court said, that's what Pepsi SAID they would do without any qualification; the kid didn't get the jet, but he did get one huge cash settlement, enough to make Pepsi take that tongue out of their corporate cheek real fast.
Couldn't Google kinda say the say thing.....in other words, "You, end user imbicel, you SAID you voluntarily give us the right to sell your bank account and pin number and to use your personal information any way we want, including selling it to foreign nationals." Do we have any recourse?
You would think a court would look at common sense with regard to those "I Agree" things and draw the line at something that obviously an average person in good faith would never have signed of on had they known; would a court throw out Google's claim (hypothetical, of course)? One would hope, but then again, courts have come down on some pretty bizarre crap against common sense plenty of times.
I think I am just going to go to download Chrome and then click on I DON'T AGREE. I bet if a couple of thousand people did that, it would make them piss their pants. ![[evil]](graemlins/evil.gif)
Of COURSE she is going to say they "didn't mean it" What would they do if no one caught it and called them on it? Same as if Sony didn't get cought on the worm they planted in their CDs. You wouldn't see ANY of this mea culpa act if they didn't get caught.
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Frank Angel
Film God
Posts: 5305
From: Brooklyn NY USA
Registered: Dec 1999
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posted 09-06-2008 06:38 AM
True, but that's the question. How far can a company go in putting stuff in that EULA before a court would say, no, there's a presumption on the part of the end users that when they click I Agree, that 1) they are signing something that directly relates to just that software, and 2) that it will not do them personal harm.
For example, if Adobe were to put a provision in it's EULA for Photoshop that said by running their software, you are agreeing to give them access to any bank account software, its account and pin numbers, that reside on the same hard drive as their progam and that they have the right to deduct recurring fees every month that you use said software. You would think that a court would say that there would be a presumption on the part of rational, ordinary people, that when they are running installing a graphics program, access to their bank accounts is way out of the realm of reasonable expectation. The law can and does look at "common accepted practice" as one element to consider in civil cases.
And then there are rights that you have that you simply cannot give away in the first place because they contradict other laws like the Consitution, for example, even if you were to actually sign an agreement to the contrary.
One would hope that common sense would prevail in the legal system and it would recongnize when a EULA is writen in a way that would trick or confuse, or outright defraud the end user. I know in other legal issues -- apartment leases for example -- the courts, at least here in NYC, will not accept provisions in a lease document if they are buried and never explained thoroughly to the leasee, regardless if the tenant has signed that lease. The courts want a legal document to include full disclosure and they look very dimmly on stuff that looks like an attempt to get stuff under the radar.
Same thing with stuff like malpractice lawsuits -- it's not good enough that the doctor makes you sign a waiver saying basically that you agree that no matter what happens, it's not their fault. The big legal question always is, before they asked you to sign that waiver, did they explain in clear, understandable layman's terms, what you were getting into, risk included. It's not good enough for them to say, "Yah, but he signed the agreement which says even if what we do in the operating room kills him, it's still not our fault. Yah, ya, so we cut off the good leg and not the diseased arm; what's he complaining about? He's still got the other good leg.....and haven't we agreed to remove the diseased arm at no extra charge?"
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