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Click-through licenses are getting out of hand

By Joel 'Jaykul' Bennett on 25-Feb-2008

Can’t someone put a stop to this stuff? Where are our representatives when you need them? I started to sign up to try digsby this evening, but when I read the terms of service, I had to quickly back away and abort. Let me just say this for the record: these are not acceptable terms of service.

We may change this contract at any time. You must review this contract on a regular basis. You can find the most recent version of the contract at http://www.digsby.com/tos.php. The changed contract is in effect right away.

I do not agree to “review this contract on a regular basis” — that’s preposterous. I have several hundred software applications installed — imagine if they all required me to review their contracts every day before I used them, just in case they had modified them. Imagine if I had to read 16 points spread out over 1200 lines of legalese for each application I use, just in case you decided that the terms of service should require me to mew like a cat every 15 minutes while using it or pay a $1500 monthly user fee…

I most certainly do not agree to any changes that go into effect right away before I’ve even been notified of them or had a chance to read them. What if you change them to involve a daily fee …. while I’m on vacation?

All upgrades, updates or enhancements of the Software shall be deemed to be part of the Software and will be subject to this Agreement…. By installing the Software, you hereby agree to automatically request and receive Updates from dotSyntax’s servers.

I most certainly do not agree that you should be allowed to change your software at any time automatically without my permission. And especially not when you also say …

DOTSYNTAX IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE...

Unbelievable!

Oh, yeah, and don’t forget … you would also have to check their privacy policy:

The Privacy Policy available at http://www.digsby.com/privacy.php explains dotSyntax’s information practices that apply to … information about you and your use of Digsby.

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Posted in Huddled | Tagged Apps, Considered Harmful, Disgby, Instant Messaging, Legalese, licensing, Rants

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About Huddled Masses

This is web site is dedicated to the musings of Joel Bennett (aka Jaykul) about technology, software, software development, the web, and the world.

Any resemblance of the views expressed and the views of my employer, my terminal, or the view out my window are purely coincidental. The resemblance between them and my own views is non-deterministic. The question of the existence of views in the absence of anyone to hold them is left as an exercise for the reader.

P.S.: I occasionally link to things I think are great. When I do, I occasionally find a "referral code" so I can make a little cash. I promise that I don't link to anything just because of that cash (I wouldn't cross the street for the amount of cash those links bring in, never mind write a whole blog post) ... but I do not promise that things I link to will stay great as time passes, nor that you will agree with me about their greatness!

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