EULAs

Michael Bauer bauer at michaelbauer.com
Sun Jun 2 21:28:36 UTC 2002


On Sun, 2 Jun 2002, David Johnson wrote:

> On Saturday 01 June 2002 07:45 pm, Michael Bauer wrote:
> > I'm working on finding a "generally acceptable" end user license
> > agreement.  I have a feeling this quest is quixotic.  The software is not
> > open source.  Still, I thought I'd ask the list if such an animal exists.
> > Is such a thing total anathema?  Does something "reasonable" exist or all
> > such licenses thought as Draconian as Microsoft's?
> 
> The first question to ask is: what are you looking for? If it's not a EULA in 
> particular, then stop looking for EULA's. A End User License Agreement is a 
> *contract* that is imposed on the user. They basically say "agree to these 
> ludicrous terms or cease using the software".

Well, it is for end user software.  The software will be installed on an 
individual's PC.  I am looking for something without "ludicrous terms" but 
have the impression that having an EULA is by definition "ludicrous".

> 
> IMHO, the vast majority of proprietary software out there has zero use for a 
> EULA. A simple copyright statement is sufficient to prevent the user from 
> modifing, copying and distributing the software. If that's all you need, then 
> just use a simple copyright statement, a simple explanation that the 
> copyright prohibits unauthorized copying and modification, and a "this 
> commercial product is not merchantable" disclaimer.
> 
> 

That's certainly a start but actually copying is less of an issue.  The 
concerns are more with what can be done with this software (a kind of a 
SETI at home software).  Thoughts?

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Michael Bauer     bauer at michaelbauer.com       http://www.michaelbauer.com

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