[Infowarrior] - Computer software terms 'unfair'

[Richard Forno]

 Computer software terms 'unfair'

Some of the world's biggest computer firms have been accused of imposing
unfair contracts on customers who buy their software.

The National Consumer Council (NCC) has accused 17 firms, including
Microsoft, Adobe and Symantec, of using unfair "end user licence agreements"
(EULAs).

The NCC has asked the Office of Fair Trading to launch an investigation.

The NCC said the firms' EULAs were misleading customers into "signing away
legal rights".

"Software rights-holders are shifting the legal burden on to consumers who
buy computer programmes, leaving them with less protection than when they
buy a cheap Biro," said Carl Belgrove of the NCC.

"Consumers can't have a clue what they're signing up to when some terms and
conditions run to 10 or more pages.

"There's a significant imbalance between the rights of the consumer and the
rights of the holder," he added.

'Legal responsibility'

As one of the firms named by the NCC, Microsoft said it had not seen the
details of the report and was unable to comment.

But it added that it was committed to dealing "fairly" with consumers and
addressing any concerns they might have.

The NCC looked at 25 software packages and said that in 17 instances, the
packaging did not tell potential buyers they would have to sign an EULA in
order to use it.

While some contained the EULA inside an instruction manual, or let it be
read online, this was only after the software had been bought.

"This means that consumers are unable to make informed decisions before they
buy a product, yet are being forced to take on an unknown level of legal
responsibility," said the NCC.

After examining the contents of the EULAs, the NCC also said that some
contained potentially unfair clauses.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/business/7252707.stm

Published: 2008/02/19 15:20:51 GMT

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