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THE GRIPE LINE: ED FOSTER                       http://www.infoworld.com
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Tuesday, October 12, 2004

LATEST WEBLOG ENTRIES
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* Rewriting History, Sneakwrap Style
* Technology Turn-Off Time?
* A Model License

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REWRITING HISTORY, SNEAKWRAP STYLE
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Posted October 12, 12:16 AM Pacific Time

I've discovered a funny thing about the really nasty sneakwrap terms --
they often disappear shortly after I write about them. And while that's
a good result in the overall scheme of things, it does make it harder
for us to continue discussing these terms as we go.


An interesting example of this has unfolded over the last few months.
Back in June, I wrote a GripeLog column (
http://newsletter.infoworld.com/t?ctl=94290B:2B910B2 ) about the
absolutely horrifying terms Hilton Hotels was using as both its online
site usage agreement and privacy policy. Coincidence or not, barely a
week later Hilton had changed both policies (
http://newsletter.infoworld.com/t?ctl=94290A:2B910B2 ), removing the
most offensive privacy terms from their site usage agreement and
revising their privacy policy extensively.


Then last month I started hearing from a few readers who had noticed an
article ( http://newsletter.infoworld.com/t?ctl=94291A:2B910B2 ) in
an Internet community called CIOinsight. (I suspect CIOinsight might
have pretensions to being more than an Internet community, but since
that's how they chose to identify the GripeLog without further inquiry,
I feel justified in returning the favor.) The story quoted the Hilton
CIO at rather remarkable length about how dearly his company values
privacy, and then ended with a reference to my story having criticized
language in the Hilton privacy policy "which seemed to give it license
to use customer information as it chooses."


Now, doing what I've been doing for all these years, I've learned not to
begrudge the companies I write about engaging in a little damage
control. So I was more amused than anything else about the story when it
was first pointed out to me, particularly as it did contain one
enlightening fact. It turns out that Hilton's Chief Privacy Officer
reports not to the CIO but to the legal department, which explains a lot
about why it took the company a year to replace their no-privacy privacy
policy with something a little more balanced. When the same legal eagles
that are in charge of writing the sneakwrap terms get to write the
privacy policy as well, of course it's going to be one-sided and totally
unfair.


But then I received a message from another reader who had just seen the
CIOinsight story. "Hilton seems to be calling you a liar, so I am very
disturbed that I can't find the privacy terms you quoted in your
original story in any of the agreements from Hilton or its affiliates,"
the reader wrote. "I checked the 'update' link you provided the original
terms, and it's broken. Unless you made it all up, I would urge you to
produce the original so that we can help defend you."


Yikes. Defend me? While I don't believe Hilton is actually suggesting the
language I quoted wasn't there, it does give me pause to realize there
is no evidence to be found on the web now of what the Hilton documents
said. This has happened to me before when discussing some particularly
nasty EULAs that were changed after I brought them to light. Linking to
an archival webpage doesn't work ...

For the full story:
http://newsletter.infoworld.com/t?ctl=94290E:2B910B2


TECHNOLOGY TURN-OFF TIME?
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Posted October 11, 7:55 AM Pacific Time

Are all the latest technology toys worth the trouble? One reader recently
explained why he's decided to just stop using broadband, PDAs, high-end
cell phones and on-line bill payment.


"Essentially -- if anything has to talk to anything else -- I avoid it,"
the reader wrote. "Because it won't. Or it won't without a lot of
coaxing. Or an upgrade. Or a separate service charge. Or the moon being
in the right phase, you standing on the left foot, and reciting
Shakespeare. In fact, a lot of my 'time saving tools' have been costing
so much time spent fixing glitches caused by 'computer errors' on the
part of software or the institution that I've dropped:


"High Speed Internet: The time spent downloading or uploading mid sized
files on dial-up is now exceeded by the time spent downloading and
installing the latest fixes and patches to keep out viruses I never had
to worry about when using dial-up. Cost? Don't go there.
"PDAs: I loved my PDA -- but problems using it with the Outlooks address
book always put me traveling, out in the middle of nowhere, only to find
the latest update before I left wrote gibberish all over my travel
instruction to ...

For the full story:
http://newsletter.infoworld.com/t?ctl=94290D:2B910B2


A MODEL LICENSE
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Posted October 9, 10:26 AM Pacific Time

There are some -- indeed, there may be many -- software publishers who
are willing to offer their customers fair terms. But why should they?
How likely is it to bring them more business?


At least one software developer's experience says that it's not all that
likely. "About a year ago, I decided to change the EULA and my licensing
policies ( http://newsletter.infoworld.com/t?ctl=942912:2B910B2 ) for my products," 
says
Michael Baker, owner of Code-It Software, a maker of audio editing and
other multimedia tools. "My goal was to offer the fairest EULA out there
short of open source. I did it for several reasons. First, because I
thought it was the right thing to do. I've been following your views for
several years and I've joined AFFECT ( 
http://newsletter.infoworld.com/t?ctl=942917:2B910B2 ). And, I
thought by doing it right, it ought to help my business."


Baker's EULA ( http://newsletter.infoworld.com/t?ctl=942913:2B910B2 ) is indeed more 
than
fair, and his policies eschew all the nasties like DRM and spyware, but
so far the evidence is that not many customers care. "I ran a survey
where I gave a software application free to any visitor that responded,"
Baker says. "One of the questions was 'Does the EULA, or the fact that
the registered software requires ...

For the full story:
http://newsletter.infoworld.com/t?ctl=94290C:2B910B2



Contact Ed Foster at [EMAIL PROTECTED] .

Ed Foster's "Reader Advocate" column,
http://newsletter.infoworld.com/t?ctl=94290F:2B910B2 , can be read exclusively
at his GripeLog Web site: http://newsletter.infoworld.com/t?ctl=942916:2B910B2


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