End user license agreements (EULA’s) are often in the form of those click-wrap agreements that you agree to when you install software, or subscribe to a service.

They are generally enforceable unless they contain unrealistic terms – such as the old Dilbert cartoon where a license required the user to become a towel boy in Bill Gates’ mansion.

Most people don’t read them. Vendors have been known to put things in them such as an admission that it will install spyware.

They are often chastised for being too long and too hard to read. (I like to think that the ones I draft are short and simple – but then I’m biased.)

Techdirt has a post on the subject that refers to software that purports to analyze a EULA to bring nasty parts to your attention. I tried it on one I drafted recently – and the software liked it. While it might be a useful tool to alert one to relevant keywords, it is no substitute for actually reading it.

Read the Techdirt post

Its always good to hear when those who hack into and damage or expose private information are brought to justice.

The 17 year old that was responsible for publishing information found on Paris Hilton’s sidekick, along with several other similar offenses, was recently sentenced to 11 months in detention. Seems he gained access by breaking into the cell phone company’s system, and in turn the ability to change passwords.

Part of his sentence was a 2 year ban on accessing the Internet. Teccdirt has some interesting commentary on what that ban might encompass, considering that almost everything is capable of connecting to the Internet these days.

Read the Techdirt post
Read a Gizmodo post

Canada has a draft bill that would implement a do not call list similar to that in the US. In a nutshell, it allows people to add their phone numbers to a list that telemarketers are not supposed to call.

There are many reasons why this type of legislation may not be effective in practice, including what entities are exempt.

Prof. Michael Geist wrote an article saying that the draft bill has added so many exceptions that it has become the do not hesitate to call list.

He is also critical of the process the government has followed to obtain feedback on the bill – especially the lack of input from consumer groups.

Anyone who has ever been annoyed by telemarketers, and any business that calls potential customers or donors should read his article.

Read Michael Geists’s post and article

David Fraser’s The Canadian Privacy Law Blog has a photo from Yahoo News where a Katrina evacuee shows off her new debit card – with the numbers plainly visible. As David puts it:

Note to self: when a news photographer asks me for a picture of me and my new credit card, say no thanks. I wouldn’t be too surprised to see that account drained before she gets to the store.

I find it odd that the news service would publish such a photo without blanking out the numbers.

Read David Fraser’s post

DAVID CANTON – For the London Free Press – September 10, 2005

Read this on Canoe

Would you want to know if your confidential personal information had been compromised?

This issue will be debated in the upcoming review of Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).

PIPEDA and provincial privacy laws, where they exist, for the most part do not require businesses to notify individuals if their personal information may have been unintentionally released.

One exception is Ontario’s Personal Health Information Protection Act, which requires custodians of health-related data to tell people if their data are “stolen, lost, or accessed by unauthorized persons.”

That has not stopped the federal privacy commissioner from chastising businesses for not notifying customers when personal information has been misplaced.

(more…)

Most people by now will have heard about Apple’s release on Wednesday of the new iPod nano MP3 player.

Last Friday I referred to an article that talked about the power of branding for technology companies. This is the perfect example.

Don’t get me wrong – it is a well designed, desireable product, and certainly one of the slickest looking (I wouldn’t mind having one myself!) – but the product would not be nearly as successful without the brand behind it.

A product or service has to be of decent quality, or it will fail regardless (it will otherwise taint the brand) – but it does not necessarily have to be the best.

Apple has a huge portion of MP3 player sales, despite competition from many competent, often cheaper, devices.

So what has Apple done right in the branding department? It includes:

- creating an image of cutting edge, easy to use products that are cool to have

- clean, simple, functional design

- clean, simple marketing messages

- creating buzz before a product launch

- having the product available for purchase on the day of the announcement

- being bold enough to pull an existing top selling product (iPod mini) off the shelves to replace it with a new one

Read about the Nano on Apple’s web site
Read my post about branding from last week
Read a Slashdot post that points to a glowing review in the Wall Street Journal

Many businesses underestimate the value of their domain names. Consider, for example, what would happen if your entire company’s email ceased to function because your domain registration lapsed. Or if someone else registered a similar name and set up an undesireable web site.

Businesses should carefully consider what domain names they acquire, and make their ongoing care and maintenance the responsibility of someone with authority. Don’t delegate it to the junior IT person, or a 3rd party provider who may have obtained a domain name for you.

Webnames.ca’s most recent The Server Room newsletter has a good article that explains this in more detail, and sets out how they should be dealt with.

It starts off by saying:

In a very short time domain names have gone from total obscurity to a complete necessity, especially for businesses. A domain name (or, more often, a collection of them) is a company’s face to the world-the way customers find them and research their products or services. Clear, direct and identifiable domain names are probably the most useful form of international advertising a corporation can possess. Accordingly, domains have become very valuable corporate assets.

Every business should read this.

Read the Webnames.ca article

An Australian court this week decided that Kazaa infringed copyright. The court gave Kazaa 2 months to add measures to control unauthorized copying, and will have a future hearing into damages.

Kazaa will likely appeal. Their position is that their service is no different than a photocopier – and photocopier manufacturers are not liable for what people copy.

Of course the music industry sees this as a significant victory.

This has lead to some interesting commentary.

A Wired article says that even if this does cripple Kazaa, it won’t stop copying.

Michael Geist comments on the music industry reaction, explains why the result would be different in Canada (in part because of a recent Supreme court decision that involved photcopiers), and ties it into the proposed C-60 copyright reform bill. His post contains a link to a good summary of the case written by an Australian expert.

Read the Wired article
Read Michael Geist’s first post
Read Michael Geist’s second post

DAVID CANTON – For the London Free Press – September 3, 2005

Read this on Canoe

Have you ever returned merchandise to a store and been asked to produce ID or a driver’s licence?

After an Alberta privacy decision, returning merchandise may be different than it used to be.

The Alberta privacy commissioner recently released a decision on merchandise return policies, deciding that while it was acceptable for a store to ask for photo ID to confirm the person’s identity, it is not acceptable for the store to keep a copy of that ID or a record of a driver’s licence number.

The Alberta decision resulted from an investigation into complaints that Canadian Tire stores refused to complete a return transaction unless the customer provided a driver’s licence number that was recorded.

(more…)

The RIAA continues to sue music file uploaders, launching 754 more this week.

There are many sad things about this – including the fact that the individuals are in essence forced to settle as it is far cheaper than litigating it.

Slashdot has a post about one woman who is not eager to settle – with links to a transcript in which the judge was sympathetic to her position.

I am not familiar with US litigation practice – but I am surprised that some enterprising law firm has not found a way to defend these in a manner akin to a class action so the costs are spread out over thousands of defendants.

Read a Cnet post about the most recent suits
Read the Slashdot post