StopScum

This post was inspired by the outstanding research done by Benjamin Edelman in his new article titled Gator's EULA Gone Bad. I've pulled a few key points from this article with my own questions and or thoughts:

1. Prohibition against automated removal tools

Nearly three thousand words into its license, Gator proclaims:

"You agree that you will not use, or encourage others to use, any unauthorized means for the removal of the GAIN AdServer, or any GAIN-Supported Software from a computer."

Gator proceeds to list the "authorized means" for removing Gator -- prominently failing to authorize use of popular tools, such as Ad-Aware, Spybot, and Web Sweeper, which millions of users count on to remove unwanted software from their PCs.

My thoughts: Gator can certainly insert any terms and or conditions they wish in their EULA. After all, they are giving away free software to millions of people. However, it's my computer and I think I have the right to use any legally licensed software I wish. Is this restraint of fair trade?

2. You can't use a packet sniffer

The EULA also says: "Any use of a packet sniffer or other device to intercept or access communications between GP and the GAIN AdServer is strictly prohibited."

My thoughts: Why is this clause necessary? It seems to me that if you conduct yourself in a moral and ethical manner you shouldn't be concerned about what a given packet sniffer may discover. You should embrace third party research on your application and exactly what it does.

It will certainly be interesting to see how the new Gator EULA is treated by the courts, if and when this occurs. Benjamin Edelman has much more data and insightful comments in his article titled: Gator's EULA Gone Bad.