Anyone want to help us write an End User License Agreement? That might not sound like a lot of fun, but we're taking volunteers anyway.
What we need help on is designing a model EULA, one that is actually "fair and balanced" between the interests of software customers and publishers. And while I'm not completely at liberty right now to say who "we" are in this respect, I'm not the only one who thinks it's time to develop a fair model EULA. And we could use some help doing so, particularly from those who have experience negotiating software contracts on either side of the transaction.
Fortunately, we don't have to start from scratch, as there are some very decent EULAs being used in the real world already. A few weeks ago I wrote about one model license candidate from a company called Code-It Software. Now I've just posted another one in the EULA Reviews section of my website: the license agreement for Evolution Computing, makers of FastCAD and EasyCAD computer-aided-design programs.
As with the Code-It EULA, one of the things I like about the FastCAD EULA is that it keeps things simple and, as much as possible, in plain English. Evolution Computing founder and long-time industry veteran Mike Riddle says he's always had the philosophy that the license just needs to provide fair use for both customer and vendor. "What vendors need from customers is fair use," he says. "Don't make copies and give them away. Don't put it on a network for hundreds of users unless that is what is licensed. Don't modify a demo for perpetual use via 'cracker site' information.
"And what customers need from vendors is fair use," Riddle says. "The data in a file belongs to customers and should not be held hostage to keep a customer base. We have published every file format we have ever used, and helped other companies work with it. Customers need honesty about a product's capabilities and limitations in order to fulfill their obligation to make a valid decision about the product's suitability for their needs."
Of course, it's hard to miss the irony that a program with such reasonable terms competes in a segment of the market space occupied by AutoCad, given some of the nasty terms we've seen that Autodesk uses. Like Code-It owner Michael Baker, Riddle doubts that having a good EULA is something that's ever translated into extra sales for him. People don't buy products on the basis of how fair the license agreement is.
All else being equal, though, I think most of us would prefer knowing before we buy whether the terms are reasonable or outrageous. We just don't want to have to read the legalese ourselves. (Among all the lawyers I've encountered who argue for the sanctity of shrinkwrap/clickwrap licenses, none have ever claimed they themselves actually read all the EULAs to which they as a customer have "agreed" to be bound.) If there was a way to tell at a glance that a product does have a EULA that meets some reasonable standards of fairness, it really might make a difference in the marketplace.
That's what we believe, anyway. If you think so, too, write me at Foster@gripe2ed.com and volunteer to help us with the fair model EULA project. And be sure to let me know if you have any specific expertise or experience that will help us craft this thing. But we are ultimately going to need all the help we can get from anyone and everyone who is willing to lend their efforts and ideas to the project. And, of course, we need those who are from the vendor side as well as the customer side to make sure we really do stay fair and balanced. So we will gratefully welcome any and all volunteers.
10:54:49 AM 
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