Friday, July 15, 2005


"What we need is a EULA credit card," wrote one reader. "Instead of the name of your bank or your favorite sports team, the front of this custom credit card could be printed with nearly-microscopic legalese -- a personal EULA. The agreement would state that its terms take full effect whenever an entity or an agent of that entity accepted the card -- or its associated card number -- as payment." What the EULA terms be? "How about disclaiming and disavowing all the odious restrictions found in most common EULAs, and creating a binding contract that the entity is responsible for safeguarding your private data and is forbidden from sharing it with others? ... At least for starters. Oh, and retaining the right to sue for whatever you personally feel merits a court case, in whichever jurisdiction you choose."

Another reader suggested much the same idea, but she felt the terms could be kept relatively short and sweet. "The principle thing you would want to negate is the mandatory arbitration clause, so you would just need a short statement to the effect that you retrain the right to sue," the reader wrote. "That, and perhaps a statement that any later modifications to the agreement must be approved in a writing by both parties."

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