Game players say Blizzard invades privacy

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It scary how many think the EULA is an unlimited escape clause...

It is really, really scary how many people think that there are no limits to the text of a EULA. That merely because the EULA text is shown before you, that any and all its terms should be morally (if not legally) binding, and the only recourse for a customer or a user is to refrain from using the product or service.

Should the EULA an escape clause for someone to take away all your liberties, in the guise that you "voluntarily submitted yourself" to the restrictions? Is this the way society should be?

Why is the only relationship possible between Blizzard and its users happened to be spelled out in a one-sided document that no one but lawyers can understand, much less negotiate in good faith?

People with such one-sided views of contract law always neglect to take into account the relative power level of the parties and the ability for the parties to negotiate the terms. Terms on EULAs are onerous enough, especially the ones that state "company can change the terms of this 'agreement' at anytime." Why are they so onerous? Because the interests of users are NOT represented, and because there is no true negotiation. "Take it or leave it" involves as much negotiation as "do what I say or you will die".

No one has an expectation that a program has the right to look at all your personal data, no matter what it says on a EULA. In fact, most people probably have an expectation that a software program will only access data that belongs to itself, or what the user directs.

Maybe I should put a EULA on my personal home page: "By accessing this document or page, you have given me implied consent to access, display, exploit, modify, and otherwise make use of any and all information on your computer, as well as install any programs of my choice. Such programs may include spyware, malware, viruses. You agree to hold me harmless, and to indemnify me in any legal proceedings. I can change this agreement at any time. If you do not accept this agreement, then you must close your browser within five seconds."

The "Take it or leave it" people will foce you to surrender all your liberties in arcane and restrictive, one-sided "agreements". Lawyers already have undue influence in this world. What these people are suggesting is nothing less than tyranny.

Posted by: Root User   Posted on: 08/12/05 You are currently: a Guest | Members login | Terms of Use

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