EULA roofie: Difference between revisions

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"EULA roofie" describes the practice of hiding contentious terms within an End ~~User License Agreement~~ (EULA). The term applies to situations where such terms, if made clear upfront, might cause a customer to second-guess their purchase. The term was coined by consumer rights advocate [[wikipedia:Louis_Rossmann|Louis Rossmann]][source?].

'''EULA roofie''' describes the practice of hiding contentious terms within an [[End-user license agreement]] (EULA). The term applies to situations where such terms, if made clear upfront, might cause a customer to second-guess their purchase. The term was coined by consumer rights advocate [[wikipedia:Louis_Rossmann|Louis Rossmann]][source?].

This term ~~higlights~~ the unethical business practice of "manufacturing consent" for terms which a reasonable and informed customer might reject. It also emphasizes the erosion of informed consent through shaming and conformity.

This term highlights the unethical business practice of "manufacturing consent" for terms which a reasonable and informed customer might reject. It also emphasizes the erosion of informed consent through shaming and conformity.

By hiding contentious or unconscionable terms in dense legal documents, manufacturers exploit:

# the consumer's lack of proficiency in understanding legal documents,

#the consumer's lack of proficiency in understanding legal documents, and

# the impracticality of reading long documents in order to meet one's basic human needs.

#the impracticality of reading long documents in order to meet one's basic human needs.

The "EULA roofie" applies to individuals and corporations that utilize these practices to secure and manufacture consent under these false pretenses.

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According to Rossmann, just as drugging someone ("roofying") to secure agreement is indefensible, so too is the act of concealing ethically or morally questionable terms in the fine print of a contract. The term "EULA roofie" attempts to draw a greater degree of societal scorn, scrutiny, and condemnation towards these actions, as they are seen at best as a minor legal nuisance rather than a disregard for informed consent and human rights.

== Core Concept ==

==Core Concept==

The term "EULA roofie" describes three key deceptive practices:

# Burying unattractive terms deep within an End User License Agreement (while avoiding mention of them in marketing materials and customer-facing interfaces).

#Burying unattractive terms deep within an End User License Agreement (while avoiding mention of them in marketing materials and customer-facing interfaces).

# Making the full terms impractical or impossible for the customer to meaningfully review.

#Making the full terms impractical or impossible for the customer to meaningfully review.

# Pointing to the End User License Agreement as a justification for unpopular practices.

#Pointing to the End User License Agreement as a justification for unpopular practices.

== Notable Examples ==

==Notable Examples==

=== Sony PlayStation Store ===

===Sony PlayStation Store===

Sony prominently displays ''"PURCHASE"'' buttons for digital content but buries a redefinition of the word "purchase" in Section 10.1 of their Terms of Service:<ref>PLAYSTATIONTM NETWORK TERMS OF SERVICE AND USER AGREEMENT, December 30th, 2023: https://web.archive.org/web/20231230163548/https://www.playstation.com/en-us/legal/psn-terms-of-service/</ref>

<blockquote>"Use of the terms 'own,' 'ownership', 'purchase,' 'sale,' 'sold,' 'sell,' 'rent' or 'buy'~~...~~ does not mean or imply any transfer of ~~ownership...~~"</blockquote>

<blockquote>"Use of the terms 'own,' 'ownership', 'purchase,' 'sale,' 'sold,' 'sell,' 'rent' or 'buy'… does not mean or imply any transfer of ownership…"</blockquote>

This became an issue in 2023 when Sony and Discovery removed previously ''"''purchased''"'' content from users' libraries, citing terms hidden in their service agreement.<ref>Playstation Video Content: Legal Update Notice https://web.archive.org/web/20231203150040/https://www.playstation.com/en-us/legal/psvideocontent/</ref>

This became an issue in 2023 when Sony and Discovery [[Sony's attempted removal of "purchased" content|removed previously "purchased" content]] from users' libraries, citing terms hidden in their service agreement.<ref>Playstation Video Content: Legal Update Notice https://web.archive.org/web/20231203150040/https://www.playstation.com/en-us/legal/psvideocontent/</ref>

Placing disclaimers such as ''"''We may take away and remove television and movies you bought & paid for at any time, because purchase doesn't mean purchase anymore''"'' next to the ''"''Add to cart''"'' button would understandably negatively affect sales. Therefore, Sony buries this information on page 21 of their Terms of Service.

Placing disclaimers such as "We may take away and remove television and movies you bought & paid for at any time, because purchase doesn't mean purchase anymore" next to the "Add to cart" button would understandably negatively affect sales. Therefore, Sony buries this information on page 21 of their Terms of Service.

===Smart Appliance Data Collection & Third-Party Data Sharing===

=== Smart Appliance Data Collection & Third-Party Data Sharing ===

[[File:LG ThinQ app terms of service part 1.webp|alt=LG ThinQ app terms of service from July 2024, for use of an LG smart washing machine|thumb|LG ThinQ app terms of service from July 2024, for use of an LG smart washing machine]]

[[File:LG ThinQ app TOS.webp|alt=LG ThinQ app terms of service from July 2024, for use of an LG smart washing machine: part 2 of 3.|thumb|LG ThinQ app terms of service from July 2024, for use of an LG smart washing machine: part 2 of 3.]]

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LG Electronics (among others) require users to accept extensive terms of service and privacy policies to use the "smart" features on home appliances, such as washing machines.

While the "smart" features may have time-saving benefits, the time required to actually read and decipher these documents (''often 3+ hours, especially for non-tech-savvy users'') negates any time-saving benefits of the smart features themselves. This makes meaningful informed consent impractical.

While the "smart" features may have time-saving benefits, the time required to actually read and decipher these documents (often 3+ hours, especially for non-tech-savvy users) negates any time-saving benefits of the smart features themselves. This makes meaningful informed consent impractical.

A consumer has to read the complete Privacy Policy (''see attached images below'') to learn that LG collects their personal data and shares it with their advertising partners. Futhermore, this Privacy Policy is only shown to the customer once they have bought the LG product.

A consumer has to read the complete Privacy Policy (see attached images below) to learn that LG collects their personal data and shares it with their advertising partners. Futhermore, this Privacy Policy is only shown to the customer once they have bought the LG product.

== Consumer Impact ==

=== Disney's Wrongful Death Lawsuit ===

In a wrongful-death lawsuit, Jeffrey Piccolo sued Walt Disney Parks & Resorts and Great Irish Pubs Florida, Inc. after his wife, Dr. Kanokporn Tangsuan, died from a severe allergic reaction at Raglan Road Irish Pub in Disney Springs on 5 October 2023. The lawsuit accused the restaurant and Disney of negligence in accommodating her food allergy, which contributed to her death<ref>{{Cite web |last=Piccolo |first=Jeffrey J. |date=02 Aug 2024 |title=AUGUST 2ND RESPONSE |url=https://consumerrights.wiki/images/9/9d/AUGUST_2ND_RESPONSE.pdf}}</ref><ref>{{Cite web |last=Treisman |first=Rachel |date=14 Aug 2024 |title=Disney backtracks on request to toss wrongful death suit over Disney+ agreement |url=https://www.npr.org/2024/08/14/nx-s1-5074830/disney-wrongful-death-lawsuit-disney |url-status=live |archive-url=https://web.archive.org/web/20240821192924/https://www.npr.org/2024/08/14/nx-s1-5074830/disney-wrongful-death-lawsuit-disney |archive-date=21 Aug 2024 |access-date=13 Jul 2025 |website=NPR}}</ref>.

In May 2024, Disney attempted to have the case dismissed from court and sent to [[Forced Arbitration|arbitration]], citing two separate [[End-user license agreement|user agreements]]:

# The [[Disney+]] user agreement Piccolo accepted in 2019 when signing up for a free trial to Disney's streaming service on his [[wikipedia:PlayStation|PlayStation]]

# Terms accepted when purchasing (ultimately unused) Epcot tickets through the My Disney Experience app in September 2023

This represented a classic example of a EULA roofie, where Disney attempted to use terms buried within a streaming-service agreement to deny a consumer's right to sue over an unrelated wrongful-death case at a restaurant. Disney argued that because Piccolo had clicked "Agree & Continue" when signing up for the Disney+ streaming service, he was bound by an arbitration clause for any legal claims against the company or its affiliates. This, they argued, included the food served by a restaurant on their premises that killed his wife, even if the issue was unrelated to the streaming service.

Disney said that the reason for trying to send the case to arbitration was that the restaurant "is neither owned nor operated by Disney" and that they were defending themselves against inclusion in the lawsuit.<ref>{{Cite web |last=Valinsky |first=Jordan |date=14 Aug 2024 |title=Disney wants wrongful death suit thrown out because widower bought an Epcot ticket and had Disney+ |url=https://edition.cnn.com/2024/08/14/business/disney-plus-wrongful-death-lawsuit/index.html |url-status=live |archive-url=https://web.archive.org/web/20240815002807/https://edition.cnn.com/2024/08/14/business/disney-plus-wrongful-death-lawsuit/index.html |archive-date=15 Aug 2024 |access-date=13 Jul 2025 |website=CNN}}</ref>

==Consumer Impact==

The practice undermines informed consent in digital transactions by:

* Using lengthy documents (often 50+ pages) to hide terms that deprive the consumer of their privacy and their rights

*Using lengthy documents (often 50+ pages) to hide terms that deprive the consumer of their privacy and their rights.

* Employing complex legal language to obscure the real meaning of agreements.

*Employing complex legal language to obscure the real meaning of agreements.

* Placing important information deep within documents where it is unlikely to be found.

*Placing important information deep within documents where it is unlikely to be found.

* Presenting one meaning of terms (like "purchase") in the user interface while legally defining them differently in hidden terms.

*Presenting one meaning of terms (like "purchase") in the user interface while legally defining them differently in hidden terms.

== Legal Context ==

==Legal Context==

While EULAs and Terms of Service are legally binding documents, the "''EULA roofie''" concept challenges their legitimacy by highlighting how they may violate principles of contract law such as:

While EULAs and Terms of Service are legally binding documents, the "EULA roofie" concept challenges their legitimacy by highlighting how they may violate principles of contract law such as:

* Meeting of the minds (mutual understanding between parties).

*Meeting of the minds (mutual understanding between parties).

* Good faith dealing.

*Good-faith dealing.

* Reasonable notice of terms.

*Reasonable notice of terms.

* Unconscionability (terms so unfair they shock the conscience).

*Unconscionability (terms so unfair they shock the conscience).

== Consumer Protection Response ==

==Consumer Protection Response==

The concept has been used in advocacy for:

* Plain language requirements in consumer agreements.

*Plain-language requirements in consumer agreements.

* Prominent disclosure of significant terms.

*Prominent disclosure of significant terms.

* Reform of digital ownership rights.

*Reform of digital ownership rights.

==Resources==

*[https://tosdr.org/en/ TOSDR] — Helps consumers to understand and review terms of service policies

*[https://opentermsarchive.org/en/ Open Terms Archive] — Helps consumers to understand and review terms of service policies

==References==

~~== References ==~~

[[Category:Common ~~Term~~]]

[[Category:Anti-Consumer_Practices]]

[[Category:Common terms]]

@@ Line 1: / Line 1: @@
-"EULA roofie" describes the practice of hiding contentious terms within an End User License Agreement (EULA). The term applies to situations where such terms, if made clear upfront, might cause a customer to second-guess their purchase. The term was coined by consumer rights advocate [[wikipedia:Louis_Rossmann|Louis Rossmann]]<sup>[source?]</sup>.
+'''EULA roofie''' describes the practice of hiding contentious terms within an [[End-user license agreement]] (EULA). The term applies to situations where such terms, if made clear upfront, might cause a customer to second-guess their purchase. The term was coined by consumer rights advocate [[wikipedia:Louis_Rossmann|Louis Rossmann]]<sup>[source?]</sup>.
-This term higlights the unethical business practice of "manufacturing consent" for terms which a reasonable and informed customer might reject. It also emphasizes the erosion of informed consent through shaming and conformity.
+This term highlights the unethical business practice of "manufacturing consent" for terms which a reasonable and informed customer might reject. It also emphasizes the erosion of informed consent through shaming and conformity.
 By hiding contentious or unconscionable terms in dense legal documents, manufacturers exploit:
-# the consumer's lack of proficiency in understanding legal documents,
+#the consumer's lack of proficiency in understanding legal documents, and
-# the impracticality of reading long documents in order to meet one's basic human needs.
+#the impracticality of reading long documents in order to meet one's basic human needs.
 The "EULA roofie" applies to individuals and corporations that utilize these practices to secure and manufacture consent under these false pretenses.
@@ Line 12: / Line 12: @@
 According to Rossmann, just as drugging someone ("roofying") to secure agreement is indefensible, so too is the act of concealing ethically or morally questionable terms in the fine print of a contract. The term "EULA roofie" attempts to draw a greater degree of societal scorn, scrutiny, and condemnation towards these actions, as they are seen at best as a minor legal nuisance rather than a disregard for informed consent and human rights.
-== Core Concept ==
+==Core Concept==
 The term "EULA roofie" describes three key deceptive practices:
-# Burying unattractive terms deep within an End User License Agreement (while avoiding mention of them in marketing materials and customer-facing interfaces).
+#Burying unattractive terms deep within an End User License Agreement (while avoiding mention of them in marketing materials and customer-facing interfaces).
-# Making the full terms impractical or impossible for the customer to meaningfully review.
+#Making the full terms impractical or impossible for the customer to meaningfully review.
-# Pointing to the End User License Agreement as a justification for unpopular practices.
+#Pointing to the End User License Agreement as a justification for unpopular practices.
-== Notable Examples ==
+==Notable Examples==
-=== Sony PlayStation Store ===
+===Sony PlayStation Store===
 Sony prominently displays ''"PURCHASE"'' buttons for digital content but buries a redefinition of the word "purchase" in Section 10.1 of their Terms of Service:<ref>PLAYSTATION<sup>TM</sup> NETWORK TERMS OF SERVICE AND USER AGREEMENT, December 30th, 2023: https://web.archive.org/web/20231230163548/https://www.playstation.com/en-us/legal/psn-terms-of-service/</ref>
-<blockquote>"Use of the terms 'own,' 'ownership', 'purchase,' 'sale,' 'sold,' 'sell,' 'rent' or 'buy'... does not mean or imply any transfer of ownership..."</blockquote>
+<blockquote>"Use of the terms 'own,' 'ownership', 'purchase,' 'sale,' 'sold,' 'sell,' 'rent' or 'buy'… does not mean or imply any transfer of ownership…"</blockquote>
-This became an issue in 2023 when Sony and Discovery removed previously ''"''purchased''"'' content from users' libraries, citing terms hidden in their service agreement.<ref>Playstation Video Content: Legal Update Notice https://web.archive.org/web/20231203150040/https://www.playstation.com/en-us/legal/psvideocontent/</ref>
+This became an issue in 2023 when Sony and Discovery [[Sony's attempted removal of "purchased" content|removed previously "purchased" content]] from users' libraries, citing terms hidden in their service agreement.<ref>Playstation Video Content: Legal Update Notice https://web.archive.org/web/20231203150040/https://www.playstation.com/en-us/legal/psvideocontent/</ref>
-Placing disclaimers such as ''"''We may take away and remove television and movies you bought & paid for at any time, because purchase doesn't mean purchase anymore''"'' next to the ''"''Add to cart''"'' button would understandably negatively affect sales. Therefore, Sony buries this information on page 21 of their Terms of Service.
+Placing disclaimers such as "We may take away and remove television and movies you bought & paid for at any time, because purchase doesn't mean purchase anymore" next to the "Add to cart" button would understandably negatively affect sales. Therefore, Sony buries this information on page 21 of their Terms of Service.
+===Smart Appliance Data Collection & Third-Party Data Sharing===
-=== Smart Appliance Data Collection & Third-Party Data Sharing ===
 [[File:LG ThinQ app terms of service part 1.webp|alt=LG ThinQ app terms of service from July 2024, for use of an LG smart washing machine|thumb|LG ThinQ app terms of service from July 2024, for use of an LG smart washing machine]]
 [[File:LG ThinQ app TOS.webp|alt=LG ThinQ app terms of service from July 2024, for use of an LG smart washing machine: part 2 of 3.|thumb|LG ThinQ app terms of service from July 2024, for use of an LG smart washing machine: part 2 of 3.]]
@@ Line 37: / Line 36: @@
 LG Electronics (among others) require users to accept extensive terms of service and privacy policies to use the "smart" features on home appliances, such as washing machines.
-While the "smart" features may have time-saving benefits, the time required to actually read and decipher these documents (''often 3+ hours, especially for non-tech-savvy users'') negates any time-saving benefits of the smart features themselves. This makes meaningful informed consent impractical.
+While the "smart" features may have time-saving benefits, the time required to actually read and decipher these documents (often 3+ hours, especially for non-tech-savvy users) negates any time-saving benefits of the smart features themselves. This makes meaningful informed consent impractical.
-A consumer has to read the complete Privacy Policy (''see attached images below'') to learn that LG collects their personal data and shares it with their advertising partners. Futhermore, this Privacy Policy is only shown to the customer once they have bought the LG product.
+A consumer has to read the complete Privacy Policy (see attached images below) to learn that LG collects their personal data and shares it with their advertising partners. Futhermore, this Privacy Policy is only shown to the customer once they have bought the LG product.
-== Consumer Impact ==
+=== Disney's Wrongful Death Lawsuit ===
+In a wrongful-death lawsuit, Jeffrey Piccolo sued Walt Disney Parks & Resorts and Great Irish Pubs Florida, Inc. after his wife, Dr. Kanokporn Tangsuan, died from a severe allergic reaction at Raglan Road Irish Pub in Disney Springs on 5 October 2023. The lawsuit accused the restaurant and Disney of negligence in accommodating her food allergy, which contributed to her death<ref>{{Cite web |last=Piccolo |first=Jeffrey J. |date=02 Aug 2024 |title=AUGUST 2ND RESPONSE |url=https://consumerrights.wiki/images/9/9d/AUGUST_2ND_RESPONSE.pdf}}</ref><ref>{{Cite web |last=Treisman |first=Rachel |date=14 Aug 2024 |title=Disney backtracks on request to toss wrongful death suit over Disney+ agreement |url=https://www.npr.org/2024/08/14/nx-s1-5074830/disney-wrongful-death-lawsuit-disney |url-status=live |archive-url=https://web.archive.org/web/20240821192924/https://www.npr.org/2024/08/14/nx-s1-5074830/disney-wrongful-death-lawsuit-disney |archive-date=21 Aug 2024 |access-date=13 Jul 2025 |website=NPR}}</ref>.
+In May 2024, Disney attempted to have the case dismissed from court and sent to [[Forced Arbitration|arbitration]], citing two separate [[End-user license agreement|user agreements]]:
+# The [[Disney+]] user agreement Piccolo accepted in 2019 when signing up for a free trial to Disney's streaming service on his [[wikipedia:PlayStation|PlayStation]]
+# Terms accepted when purchasing (ultimately unused) Epcot tickets through the My Disney Experience app in September 2023
+This represented a classic example of a EULA roofie, where Disney attempted to use terms buried within a streaming-service agreement to deny a consumer's right to sue over an unrelated wrongful-death case at a restaurant. Disney argued that because Piccolo had clicked "Agree & Continue" when signing up for the Disney+ streaming service, he was bound by an arbitration clause for any legal claims against the company or its affiliates. This, they argued, included the food served by a restaurant on their premises that killed his wife, even if the issue was unrelated to the streaming service.
+Disney said that the reason for trying to send the case to arbitration was that the restaurant "is neither owned nor operated by Disney" and that they were defending themselves against inclusion in the lawsuit.<ref>{{Cite web |last=Valinsky |first=Jordan |date=14 Aug 2024 |title=Disney wants wrongful death suit thrown out because widower bought an Epcot ticket and had Disney+ |url=https://edition.cnn.com/2024/08/14/business/disney-plus-wrongful-death-lawsuit/index.html |url-status=live |archive-url=https://web.archive.org/web/20240815002807/https://edition.cnn.com/2024/08/14/business/disney-plus-wrongful-death-lawsuit/index.html |archive-date=15 Aug 2024 |access-date=13 Jul 2025 |website=CNN}}</ref>
+==Consumer Impact==
 The practice undermines informed consent in digital transactions by:
-* Using lengthy documents (often 50+ pages) to hide terms that deprive the consumer of their privacy and their rights
+*Using lengthy documents (often 50+ pages) to hide terms that deprive the consumer of their privacy and their rights.
-* Employing complex legal language to obscure the real meaning of agreements.
+*Employing complex legal language to obscure the real meaning of agreements.
-* Placing important information deep within documents where it is unlikely to be found.
+*Placing important information deep within documents where it is unlikely to be found.
-* Presenting one meaning of terms (like "purchase") in the user interface while legally defining them differently in hidden terms.
+*Presenting one meaning of terms (like "purchase") in the user interface while legally defining them differently in hidden terms.
-== Legal Context ==
+==Legal Context==
-While EULAs and Terms of Service are legally binding documents, the "''EULA roofie''" concept challenges their legitimacy by highlighting how they may violate principles of contract law such as:
+While EULAs and Terms of Service are legally binding documents, the "EULA roofie" concept challenges their legitimacy by highlighting how they may violate principles of contract law such as:
-* Meeting of the minds (mutual understanding between parties).
+*Meeting of the minds (mutual understanding between parties).
-* Good faith dealing.
+*Good-faith dealing.
-* Reasonable notice of terms.
+*Reasonable notice of terms.
-* Unconscionability (terms so unfair they shock the conscience).
+*Unconscionability (terms so unfair they shock the conscience).
-== Consumer Protection Response ==
+==Consumer Protection Response==
 The concept has been used in advocacy for:
-* Plain language requirements in consumer agreements.
+*Plain-language requirements in consumer agreements.
-* Prominent disclosure of significant terms.
+*Prominent disclosure of significant terms.
-* Reform of digital ownership rights.
+*Reform of digital ownership rights.
+==Resources==
+*[https://tosdr.org/en/ TOSDR] &mdash; Helps consumers to understand and review terms of service policies
+*[https://opentermsarchive.org/en/ Open Terms Archive] &mdash; Helps consumers to understand and review terms of service policies
+==References==
-== References ==
+<references />
-[[Category:Common Term]]
+[[Category:Anti-Consumer_Practices]]
+[[Category:Common terms]]