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Oppressive Adobe Flash EULAOppressive Adobe Flash EULAPosted Oct 23, 2010 17:49 UTC (Sat) by giraffedata (subscriber, #1954)In reply to: 25 years of making people who agree with you cringe by madhatter Parent article: How not to recognize free hardware
16.1.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and your computer data subject to the provisions of this agreement.I particularly enjoyed this one, inasmuch as it requires you to make backup copies of the software in accordance with the agreement, when the agreement earlier forbids you from making copies (a copy is OK; copies are not). That might be wrong; it's definitely impossible. You just aren't parsing it correctly. A backup copy of the Software and a backup copy of your Windows registry constitute two backup copies, i.e. copies of the Software and your computer data. And incidentally, there is a rule of contract construction that says if a clause can be interpreted two ways and one of them is impossible, the other one is the one that applies.
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Oppressive Adobe Flash EULA Posted Oct 23, 2010 21:27 UTC (Sat) by madhatter (subscriber, #4665) [Link]
I can't agree with your reading. One of each would be "you are required to make a back-up copy of the software and your computer data"; the singular has no other use. "Back-up copies of both" implies multiple copies of each.
Your point about contract construction seems much more convincing to me, and very sensible to boot - but it will doubtless vary from jurisdiction to jurisdiction. An EULA which requires me to do the impossible seems unwise to me, even though local contract law might save me from its insanities.
Oppressive Adobe Flash EULA Posted Oct 24, 2010 0:51 UTC (Sun) by giraffedata (subscriber, #1954) [Link] If I were writing that contract, with the meaning that we both know Adobe intended, I would write "copies," because "you are required to make a back-up copy of the software and your computer data" means you're required to make a single combined copy of the two, which is not normally how people back those things up. It's "you must send bills to all your customers," not "you must send a bill to all your customers." But I know people often say the latter. Also, the plural includes the singular in the same way the masculine includes the feminine in formal English. For example, "you must send bills to your customers" validly covers a merchant with one customer, if the text doesn't otherwise assert there is only one. I could add a bunch of words to prevent any interpretation like you're proposing, but it wouldn't be worth complicating the the text since I know no judge will choose an interpretation that makes it impossible to perform. Contract law varies very little throughout the US and even the whole English common-law world. Local variations are in specific subject matter areas; it's hard to find variation in basic things like construction (what did the parties mean when they said X?). You don't find law school contract textbooks specific to a state, for example.
Oppressive Adobe Flash EULA Posted Oct 25, 2010 9:48 UTC (Mon) by madhatter (subscriber, #4665) [Link]
You may well be right. I suppose I'm, oddly, minded to prefer software with a license that I don't have to examine with Strunk and White, and the 2010 White Book, to hand, in order to decipher my obligations. I'll stick with the GPL, and other free licences, and enjoy their protection, thanks.
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