InfoWorld: Quicker and Quicker Quicken Sunsets
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THE GRIPE LINE: ED FOSTER http://www.infoworld.com
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Tuesday, January 25, 2005
IN THIS ISSUE
* Terms of Embarrassment
* Dell's SC Return Policy
* NPF Headaches
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TERMS OF EMBARRASSMENT
One of the best ways to rid ourselves of bad terms is to hold their
purveyors up to a little public embarrassment. So this week we examine
another collection of egregious EULA provisions that readers have
spotted. Cast your vote for the worst of them all, and let's see how
many of them we can make disappear.
You might recall that among the outrageous terms that went away after
readers pointed them out was Hilton's (
http://newsletter.infoworld.com/t?ctl=B2DDBA:353CA35 ) "we own all
your information" privacy policy. But while Hilton did remove the most
offensive privacy terms, some other bizarre legal language remains in
its website usage agreement (
http://newsletter.infoworld.com/t?ctl=B2DDBF:353CA35 ). For example, in its
"Release" section, the Hilton website terms describe California's
Section 1542 and similar laws that say you don't give up claims you
don't yet know about. But Hilton says:
"Nevertheless, it is your intention, through this Agreement, and with the
advice of counsel, fully and finally settle and release all such
matters, and all claims relative thereto, which do now exist, may exist,
or have existed between and among the parties hereto, including the
Indemnified Parties. You hereby acknowledge that you have been advised
by your legal counsel, understand and acknowledge the significance and
consequence of this release and of this specific waiver of Section 1542
and other such laws."
So even the most casual of visitors browsing a Hilton-related website is
supposed to have retained counsel in order to give up their legal
rights? While Section 1542 releases aren't all that uncommon in EULAs, I
haven't seen any others where you agree you've consulted an attorney. Of
course, EULA writers like to push the envelope in a number of areas like
this. One reader spotted an "equitable relief" section in the EULA for
Sierra's Hallmark Card Studio Deluxe 2004:
"You hereby agree that Sierra would be irreparably damaged if the terms
of this License Agreement were not specifically enforced, and therefore
you agree that Sierra shall be entitled, without bond, other security,
or proof of damages, to appropriate equitable remedies with respect to
breaches of this License Agreement, in addition to such other remedies
as Sierra may otherwise have available to it under applicable laws."
In other words, said the reader, it would seem that Sierra can do
anything it wants to you. Another reader, knowing my fondness for
censorship clauses, pointed out one that goes beyond the typical
restrictions on publishing benchmarks. The EULA for Micromuse's Netcool
product (
http://newsletter.infoworld.com/t?ctl=B2DDB8:353CA35
) states:
"No benchmark results nor results of any functional testing or evaluation
of the Program shall be disclosed to any third party or used for any
purpose other than to facilitate Licensee's internal use of the
Program."
If you can't disclose your evaluation of the program to any third party,
the reader wondered if she was violating the EULA by telling me what she
thinks of their censorship clause. What if she wanted to recommend the
software to a friend at another company - would that also be
prohibited?
Spyware EULAs no doubt deserve their own separate ...
http://newsletter.infoworld.com/t?ctl=B2DDBB:353CA35
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DELL'S SC RETURN POLICY
As if we didn't already have too much fine print from the software
vendors, now it looks like we've got to read the hardware vendors' terms
as well. At least that's what one reader discovered when he tried to
return a Dell server that wouldn't work properly with his Linux
application.
"I recently ordered a PowerEdge SC420 server from Dell," the reader
wrote. "I ordered it with an SATA Raid array and ordered the second
drive from Dell to make sure it would work with the first drive. They
said it came with software to assist in loading the server system.
Unfortunately, even though it does not warn of this limitation on the
on-line order system, this software does not support any Linux
installation -- not even the Red Hat products Dell sells. When it
arrived, I tried to load my server software on it, which happens to be a
Linux-based product. I actually tried three different products and each
one said there were no hard drives."
The reader called Dell's legendary support, with predictable results. "I
called Dell for support and they said I had to find a driver, but they
could not really tell me how ...
http://newsletter.infoworld.com/t?ctl=B2DDBC:353CA35
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NPF HEADACHES
Is Norton Personal Firewall causing support headaches for ISPs around the
world? That's what one reader hypothesizes after noting a pattern in the
support calls his company receives.
"I work for a large business ISP in the UK which also hosts some large
home-user ISPs, and the team I work for deals with our support mailbox."
the reader wrote. "We get approximately twenty to thirty e-mail a day,
and maybe five calls a night, that take a course as follows:
End user: Hi, Someone's trying to hack me, and they're on your network,
their IP is 123.123.123.123. TELL THEM TO STOP IT OR I'LL TAKE LEGAL
ACTION!
Support: That IP address belongs to a web proxy that you use as part of
your contract with (an ISP we host).
End user: Then tell them to stop it!
Support: 'They' are not doing anything. 'They' is a server cluster. What
told you about this?
End user: My firewall.
Support: Which one is it?
End user: Norton Personal Firewall.
Support: OK. Can you try a different one, and see if the same thing
happens, please?
End user: Ha! I already have! But nothing showed up, so I guess it was
inferior. NPF is an industry ...
http://newsletter.infoworld.com/t?ctl=B2DDBD:353CA35
Contact Ed Foster at Foster@gripe2ed.com .
Ed Foster's "Reader Advocate" column,
http://newsletter.infoworld.com/t?ctl=B2DDC0:353CA35 , can be read exclusively
at his GripeLog Web site: http://newsletter.infoworld.com/t?ctl=B2DDC4:353CA35
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