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End User Limitation Arrogance
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And you thought renting cars was bad.
Do you understand what an EULA is? For those of you casual readers who don't, it's how you get screwed. Really. Any time you buy software, the EULA screws you hard enough to burst blood vessels in your future children's eyeballs.
The End-User License Agreement is how corporations and software companies absolve themselves of liability. Notice how every time you open up a software installation program you have to click "I agree" to something in order to install it? That's what you're agreeing to. Just by clicking a button, you are admitting to whatever is in that gigantically irrationally huge blob of text.
Quoted directly from Wikipedia:
"Many EULAs assert extensive liability limitations. Most commonly, a EULA will hold harmless the software licensor in the event that the software causes damage to the user's computer or data, but some software also includes limitations on whether the licensor can be held liable for damage that arises through improper use of the software (for example, incorrectly using tax preparation software and incurring penalties as a result). One case upholding such limitations on consequential damages is M.A. Mortenson Co. v. Timberline Software Corp., et al. Some EULAs also include restrictions on venue and applicable law in the event that a legal dispute arises.
Some copyright owners use EULAs in an effort to circumvent limitations the applicable copyright law places on their copyrights (such as the limitations in sections 107-122 of the United States Copyright Act), or to expand the scope of control over the work into areas for which copyright protection is denied by law (such as attempting to charge for, regulate or prevent private performances of a work beyond a certain number of performances or beyond a certain period of time). Such EULAs are, in essence, efforts to gain control, by contract, over matters upon which copyright law precludes control."
Bingo, kids. When you use software, if it does anything to your computer or console, the EULA is what keeps you from holding the software company liable. Think about this for a minute: if the software somehow causes a catastrophic meltdown of your video processor (unlikely, but it has happened) you cannot hold the software producer liable for damage.
Can you imagine any other medium in which people could get away with this? If you install a brake pad into your car that fails and results in a crash, could you imagine not being able to sue the company that made the pad? "By opening this box, you agree forthwith to accept all liability for this product, its effects, and whatever the hell we want to stick you with." How and why is this acceptable?
Copied directly from the Windows Vista EULA:
"17. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES."
Holy CRAP. If Vista software problems or software failure outside of expectations results in you losing profits, your social security number, or any duty including of good faith or reasonable care (come on, seriously?) you're boned. Well and truly boned. Ask not from whom the bone bones, for the bone would bone for thee. O, what cruel fate to be thusly boned.
I honestly cannot explain how this is allowed in any sort of consumer product. Even if forwarned, Microsoft or any supplier for Microsoft cannot be held liable for damages whatsoever? That sounds like your little sister saying, "Not touching, can't get mad! Not touching, can't get mad!"
And what's your alternative? Don't use the software. Right. You need to run an OS in order to have a working PC. If you disregard the EULA, you can't even install Vista completely. Wonderful. Don't you wish there were laws to deal with this sort of thing? Oh wait, there are!
Wording of the US copyright law in this area is unfortunately vague. Big name companies (maybe, but not explicitly Sony) have used this ambiguity to their advantage, going so far as to word their EULAs to indicate that the owner of a software product is not in fact the person who purchases it from a store, but the company that manufactures it. Everyone else only has "rights" to the product as renters, not as owners.
Next time you install something with a Microsoft logo on it, try wading through their EULA. Get back to me in a few years once you're done and let me know how it went.
