Hidden EULA language: Difference between revisions
Rough draft of types of hidden EULA language |
Main: eula. mention standard licenses. resource: eula of despair |
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{{Main|End user license agreement}} | |||
'''[[End-user license agreement|End-User License Agreements]]''' are often purposefully obfuscated through legal and technical language to hide terms and permissions that negatively affect the consumer. YouTuber and right-to-repair advocate, [[wikipedia:Louis_Rossmann|Louis Rossman]], coined the term "'''EULA roofie'''" to describe this anti-consumer behavior, equating the hidden language for the purpose of securing an unfavorable agreement to drugging someone (''roofying)'' for personal gain. The concept of hidden language within a EULA applies to situations where such terms, if made clear upfront, might cause a customer to second-guess their purchase. | '''[[End-user license agreement|End-User License Agreements]]''' are often purposefully obfuscated through legal and technical language to hide terms and permissions that negatively affect the consumer. YouTuber and right-to-repair advocate, [[wikipedia:Louis_Rossmann|Louis Rossman]], coined the term "'''EULA roofie'''" to describe this anti-consumer behavior, equating the hidden language for the purpose of securing an unfavorable agreement to drugging someone (''roofying)'' for personal gain. The concept of hidden language within a EULA applies to situations where such terms, if made clear upfront, might cause a customer to second-guess their purchase. | ||
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#Pointing to the End User License Agreement as a justification for unpopular and unfair practices. | #Pointing to the End User License Agreement as a justification for unpopular and unfair practices. | ||
== Types of hidden EULA language == | ==Types of hidden EULA language== | ||
=== Redefining "buy" and "own" === | ===Redefining "buy" and "own"=== | ||
Some companies attempt to redefine common terms such as "buy" and "own" through legal obfuscation within the EULA. | Some companies attempt to redefine common terms such as "buy" and "own" through legal obfuscation within the EULA. | ||
=== "Neutral third-party" arbitration === | ==="Neutral third-party" arbitration=== | ||
Many companies employ [[forced arbitration]] as a way to negate the consumer's right to pursue legal action against the company when they've been wronged. They hide this fact by using language to make it seem that the company is being fair by outsourcing issues in the company-consumer relationship to a "fair" and "nonjudgmental" third party who may act as a mediator during disputes. While this sounds neutral, objective, and even fair on the surface, it neglects the ways in which the company uses arbiters in their favor. Additionally, it completely removes the consumer's right to a class-action lawsuit in cases where the company's bad practice affects dozens, hundreds, or even thousands of other consumers. | Many companies employ [[forced arbitration]] as a way to negate the consumer's right to pursue legal action against the company when they've been wronged. They hide this fact by using language to make it seem that the company is being fair by outsourcing issues in the company-consumer relationship to a "fair" and "nonjudgmental" third party who may act as a mediator during disputes. While this sounds neutral, objective, and even fair on the surface, it neglects the ways in which the company uses arbiters in their favor. Additionally, it completely removes the consumer's right to a class-action lawsuit in cases where the company's bad practice affects dozens, hundreds, or even thousands of other consumers. | ||
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*Prominent disclosure of significant terms. | *Prominent disclosure of significant terms. | ||
*Reform of digital ownership rights. | *Reform of digital ownership rights. | ||
Use of standard license agreements. | |||
* More people review each license | |||
* Encourages reviewers to post comparative license information | |||
==Resources== | ==Resources== | ||
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*[https://tosdr.org/en/ TOSDR] — 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://opentermsarchive.org/en/ Open Terms Archive] — 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 | ||
*[https://www.pilotlab.org/eulas-of-despair EULA of Despair] — Illustrates the size and complexity of license agreements, with the subsidiary documents they include, for some common services. | |||
==References== | ==References== | ||