On this topic Forums Discuss IT management Newsletters IDC's IT Forecaster. They were confusing, rarely invoked, and varied wildly among vendors. Even when customers read the EULA or TOS, they rarely complained about the document's terms because little of the content demanded attention. The document is a commercial code for software licenses and other computer information transactions. It was produced by the National Conference of Commissioners, an organization of legislators, judges, law professors, and attorneys from every state, who produce the uniform state commercial laws.
Some agreements let the software maker perform highly invasive scans of the user's system.
They may limit the methods by which consumers can resolve disputes, or even restrict customers from complaining publicly about a product. Some consumer groups argue that the most restrictive clauses violate the customer's right to privacy and, potentially, the right to free speech. Several vendors declined comment on this hot topic. Many factors seem to be in play, including vendors anticipating state ratification of the new federal e-commerce rules. But in many cases, the software companies seem to be playing the game as though they're both player and referee, in some cases setting the rules to their own advantage, even though they violate long-standing precepts such as fair use or free speech.