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The E.U.L.A. Generation


   Talk about odd things to spend a few hours on. Yesterday, for no apparent reason, I studied the quagmire that is the End User License Agreement. As you know, this is the thing you sign for many downloadable games, software and the like. They would have had a tough time inserting this stuff down the throats of Americans many years ago but now most of us are sadly amenable to clicking the "I agree" box.
      I read a lot about the agreements over on the terrific site called Wikipedia. The Eula is a device which is intended to form a contract with the user. Its intent is to give the owner of the software more power in copyright than the law allows for. It is many things, including a salve to company insecurities. Many times a court of law will rule them 'unconscionable'. That is, a judge, in good conscious, can't rule for a company that manipulates a customer's young age, ignorance or careless disregard of reading a long boring document, to screw them over. Of course, this can vary by state and individual people, due to the 'friendliness' to business, crooked congressmen, bribes or whatever.
     I have long been familiar with the Eula, but I noticed that on Steam, the game store, a number of games admitting that they contained a demand to agree to a "3rd person Eula". My first thought was about the third party section. Did this mean that the developer was reserving the right to allow a third party (or sell to them) the ability to plant a cookie on your device and spy on you? Perhaps this is true in some cases and not in others. I can see someone trying to get my Dad to sign a contract to play a game. It would be an explosion of shouting. "To Play a ###!!!********** Game?
      I saw where one company, I believe it was Gamestation, had a Eula which included a clause which made you agree to give your soul to them. Supposedly, 88% of customers agreed to this, which shows what percentage of folks are reading the agreement. Scary, and creepy, thing to do and not funny at all, in my opinion.
      I think it was PitStop that had a clause in an agreement that if you notified them that you had read the clause, you would receive a cash reward. It was 3 months and several thousand people later before the money was claimed.
      Back in the day, when I did my gaming on I-Pad, I remember buying games that would let me buy them, then refuse to let me play them without signing the Eula. When I refused, I was just out the money. This happened with EA games a time or two. Now I think most stores require an up-front notice.
      I hate this sort of legaleze with a passion. I hate it when a big outfit like Dish Network requires you to sign a contract that gives them every right and you no rights. They can change it at their discretion, including going up on the price every other month, but you can't back out of it or change your side one whit. Sound fair?  Sound like America? No, not really. Heck, any more, you can't even get the service unless you give them access to your bank account, with some companies. What a great deal when one side of a contract is not bound in any way and the other is fully bound. No wonder a judge would rule "unconscionable". Speaking of Dish, they sent me yet another letter which told me how hard they are fighting to keep my prices down, yet regrettably were going up another $5 a month. They sent me a free movie pass or two in the form letter. My bill has now gone from $155 to $160. They usually just do a raise of a dollar or two a month, but heck, they were confident few would dump them before the Super Bowl so were bold enough to opt for a $5 change to "Our agreement". By the way, Dish, saying you appreciate someone means nothing. It is deeds which show appreciation; ask any wife, husband, child or employee.
      Do you remember when the coffee industry raised their prices astronomically and Americans just quit buying it? I do. In a short time the prices were back to normal. Gee, I wonder what happened to the shortage? Now I hear them prepping the ground again by whispers that chocolate can't be produced in adequate quantities to supply our ardent desires...
     Back to the Eula thing. Once people start caving to an abuse of a relationship, it tends to get worse. Now, if you want to play most of the good games, you click the box. Shadow of Mordor, Tomb Raider, Mass Effect 1 and 2, Batman Arkham City, Crysis 2, Borderlands 2, Bioshock 1,2, Bioshock Infinity, Far Cry 2,3,4 heck, it would be easier to list the games which have no such agreement.
     I often am like most people and fail to read the agreement. Many times I have, however. I actually read all of Apple's 56 page Eula. It is dry reading, I assure you.
      America is a funny nation. We will tend to put up with quite a bit of foolishness, but eventually, the powerful companies will throttle the golden goose too tightly.
     I bid you a good day and I hope you don't mind clicking the EULA at the bottom of this post.
   From the author's green retreat, I'm CE Wills. Ha, Ha.

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