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. | 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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By hiding contentious or unconscionable terms in dense legal documents, manufacturers exploit: | 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. | ||
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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> | 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' | <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 | 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> | ||
Placing disclaimers such as | 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 === | ||
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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. | 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 ( | 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 ( | 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 == | == Consumer Impact == | ||
The practice undermines informed consent in digital transactions by: | 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. | ||
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== Legal Context == | == Legal Context == | ||
While EULAs and Terms of Service are legally binding documents, the " | 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). | ||
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The concept has been used in advocacy for: | 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. | ||