[Hague-jur-commercial-law] Claria/Gator prohibits "unauthorized" uninstalls, network monitoring

[James Love]

-------- Original Message --------
Subject: Claria/Gator EULA prohibits "unauthorized" uninstalls, network 
monitoring
Date: Fri, 3 Dec 2004 11:00:50 -0500
From: Ben Edelman <edelman@law.harvard.edu>
To: 'Declan McCullagh' <declan@well.com>

Declan,

Perhaps of interest to Politech readers worried about one-sided EULAs --

I've recently taken the time to read the 5,900+ word, 63-page license
agreement for Claria/Gator, as presented in a bundle with Kazaa.  The
results aren't pretty.  The license:

1) Prohibits removal via Ad-Aware, Spybot, and other "unauthorized" 
methods. What about "format c:"?

2) Prohibits use of a packet sniffer to observe what personal 
information is transmitted.

3) Has removed bold face and line breaks that previously drew attention 
to section headings and distinguished headings from body text.

4) Has removed one-click access to a Notepad version of the license 
which allowed search (Edit-Find) and print.

My site has relevant screen-shots, license excerpts, etc.
<http://www.benedelman.org/news/112904-1.html>.

See also discussion by Ed Felten
(<http://www.freedom-to-tinker.com/archives/000731.html>) and by LawMeme
(<http://research.yale.edu/lawmeme/modules.php?name=News&file=article&sid=16
52>).


Ben



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