Claria/Gator prohibits "unauthorized" uninstalls, network monitoring

[Declan McCullagh <declan () well com>]

-------- 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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