Most people never read these documents, called End User License Agreements or Terms of Service. 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. In recent months Juno, Adobe, Verant, and now Microsoft have been among a number of companies that have felt the sting of a backlash against particularly unreasonable licensing terms for the use of software and web services. 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.