EULAs

[Michael Bauer]

On Sun, 2 Jun 2002, David Johnson wrote:

> On Sunday 02 June 2002 02:28 pm, Michael Bauer wrote:
> 
> > 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?
> 
> So you want to restrict how the user can use the software? For this you will 
> need a legally binding contract with the user. My suggestion is to forego any 
> semblance of publication and make all transactions private. Don't let any 
> user aquire the software before they have explictly assented to the license 
> and registered for it, and you have verified that they are legally empowered 
> to enter into contractual obligations (ei, not a minor).
> 
> But given the nature of your software, I don't understand why you need to 
> restrict usage to begin with. Can you elaborate? If you are concerned about 
> liability, wouldn't a disclaimer attached to the copyright be sufficient?
> 
Restrictions on usage would center on something like not using the 
software outside the network.  This is actually a restriction provided by 
SETI at HOME.  There are certain other things that seem like a good idea as 
part of a EULA, such as privacy assurances.  I didn't find anything like 
that in the SETI EULA and a simple attachment to a copyright notice for 
liability wouldn't cover enough.  

I'm really looking for some kind of generally acceptable EULA that would 
address the concerns of both the provider and the user of the software.  
It doesn't seem like a good example exists.  I don't really want to 
necessarily debate the viability of EULAs for software.  I'll leave that 
to the Supreme Court.

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

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