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]]<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 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.

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<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.

~~'''Valve Steam Store'''~~

~~Valve does something identical to Sony in the it says you are "PURCHASING" a game but redefined what the word "purchase" means in Section 1 of their terms of service. [3]~~

# 1. LIMITED LICENSE; RESTRICTIONS AND OWNERSHIP - this Agreement does not give you any right to obtain reissues or replacements of the Game at any time and ZeniMax [valve] is not obliged to supply software updates, upgrades, or expansions for the Game, or even to operate or continue to support the Game for an indefinite period.

# Valve may change, modify, suspend, or discontinue any aspect of the Game at any time and Valve may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.

This is essentially saying your 'ownership' amounts to nothing, as they say in the EULA they can discontinue the game you purchased at at any time they wish. You are merely leasing a game when you 'purchase' a game from steam. There will be a lot of blow back on this because most people think they own their steam games but there is no argument to be made when it says right their in their EULA that you in face only own it for only they amount of time Valve decides to support it. At any time, and for no reason other than they want to, the game you purchased will no longer be playable.

~~In this same EULA they clearly state they can modify the terms and conditions at any time and you are responsible for keeping up with the new terms.~~

~~[3] footnote - https://store.steampowered.com/eula/1716740_eula_0~~

===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]]

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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.

=== 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==

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==Resources==

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

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

*[https://~~tosback~~.org/ ~~TOSBack~~] &~~emdash~~; 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==

@@ 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 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.
@@ Line 26: / Line 26: @@
 <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.
-'''Valve Steam Store'''
-Valve does something identical to Sony in the it says you are "PURCHASING" a game but redefined what the word "purchase" means in Section 1 of their terms of service. [3]
-# 1. LIMITED LICENSE; RESTRICTIONS AND OWNERSHIP - this Agreement does not give you any right to obtain reissues or replacements of the Game at any time and ZeniMax [valve]  is not obliged to supply software updates, upgrades, or expansions for the Game, or even to operate or continue to support the Game for an indefinite period.
-# Valve may change, modify, suspend, or discontinue any aspect of the Game at any time and Valve may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.
-This is essentially saying your 'ownership' amounts to nothing, as they say in the EULA they can discontinue the game you purchased at at any time they wish. You are merely leasing a game when you 'purchase' a game from steam. There will be a lot of blow back on this because most people think they own their steam games but there is no argument to be made when it says right their in their EULA that you in face only own it for only they amount of time Valve decides to support it. At any time, and for no reason other than they want to, the game you purchased will no longer be playable.
-In this same EULA they clearly state they can modify the terms and conditions at any time and you are responsible for keeping up with the new terms.
-[3] footnote - https://store.steampowered.com/eula/1716740_eula_0
 ===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]]
@@ Line 57: / Line 39: @@
 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.
+=== 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==
@@ Line 83: / Line 77: @@
 ==Resources==
-*[https://tosdr.org/en/ TOSDR] &emdash; Helps consumers to understand and review terms of service policies
+*[https://tosdr.org/en/ TOSDR] &mdash; Helps consumers to understand and review terms of service policies
-*[https://tosback.org/ TOSBack] &emdash; 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==