Except… For a contract to be legal it must be agreed upon by both parties free of manipulation or coercion. Now, usually this is specified to be manipulation or coercion on the part of one of the parties, but what I argue is that in the modern era that is insufficient to encompass the growing complexity around the way society works and how it will continue moving forward.
Pulling the numbers out of my well educated ass, 40 years ago the average person would encounter EULA-like contracts a handful of times per year. Maybe for a mail order service, or a piece of software. Today we encounter them daily. The amount of information in them is intentionally made dense and overwhelming so the average person becomes numb very quickly and opts to click through on most of them without reading them. This enables all sorts of personal liberty and information abuses on the part of corporations.
40 years ago you did not have one to find a job, a lover, buy a car (still had a loan contract, but if you paid up front you had 0 contracts other than the bill of sale). You would not encounter them to work most jobs. You could go years without having to risk signing your rights over to a company and usually when you did you had negotiation power. This is not true today. You work for a company, they use Zoom, Slack, Google Workplace, a Virtual Timecard service, all of which have individual EULA that you as a private citizen, not an employer, must agree to and be bound by. Microsoft can put in their EULA that they are allowed to take a screenshot of your computer every 15 seconds and transmit it to their servers. This could be intercepted, or the servers could be hacked and have the entire database compromised and you have 0 say other than public outcry or to airgap your system, which then complains constantly that it cannot connect to the internet and becomes virtually unusable for about 80% of why you want to own it.
Being required by an employer to use software which requires that you as an individual sign a EULA is coercion. Having 0 recourse for alternatives in a marketplace which do not require signing a EULA is coercion. Having the terms which strip your rights irrevocably and transferrably buried and written in confusing ways is manipulation.
I should never have to worry that my copyright is being stripped from a piece of art I create just because I share it to a friend on some website.
That is not a rebuttal. A rebuttal requires evidentiary support of your stance. For instance, as support for saying it costs them nothing, one might offer the following:
once released, users would distribute and maintain the file servers independently of the corporation, thus costing the company nothing.
once released, users would maintain independent game servers and pay for their upkeep, thus costing the company nothing.
once released, the modding community would take over the maintenance and development on the code base, thus costing the company nothing.
There, 3 salient points which support the position that releasing the codebase for the game when sunsetting it costs the company nothing. I could even make points about how it is actually profitable for the company, but I want to give you your turn to rebutt me now that you have a good example of how to provide a good argument.
“No shirt, no shoes, no service” is a health code, not a EULA.
Also, you are conflating social contracts with actual legally binding ones. If you had to sign a contract to eat at a resteraunt which gave them the right to photograph you and record all of your conversations while you ate then use all of it for marketing without compensating you or to sell the contents of your conversations and likeness to unknown 3rd parties without informing you of who they were sold to and what the intended use was, would you still eat there.
Your comment shows an utter lack of understanding of the issues at hand and what abuses of rights are done in digital spaces.
Yeah, but a contract that you cannot negotiate before signing isn’t really a contract is it? It is a gate keeper. A gun to the head. An “agree to this or else”. In the modern world, one can do essentially nothing without signing a EULA. Want to get a job without signing one? Good luck. Want to play a game? Not many of them. Want to shop online, look at art, communicate with friends and family. Many of the most integral parts of maintaining our mental health are being put behind abusive “contracts” that strip us of any rights we think we have. Community, leisure, socialization, entertainment, all of the primary avenues in the modern world have predominantly become privatized and every one of those comes at a pretty steep nonmonetary cost.
You always have with Nintendo products. They have always had very aggressive licensing practices. In the early days they were more flexing them on developers, but it does not surprise me that in the wake of everyone telling them that modding and emulators can be explicitly legal that they would turn that particularly litigious aspect of their family friendly brand on the customers.
Yeah, legislation needs passed that any software on any device purchased or leased must be removable without voiding warranties or service contracts. That would go a long way towards making phones, computers, and other devices less invasive and actually privacy protected.
Luckily I already don’t trust the internet already and don’t go anywhere online without script blockers and I don’t open emails as a rule of thumb. I am sure it will be dangerous, but I am not relying on passive security already.
Ditto. They are stopping support, but I highly doubt they will just brick all Windows 10 machines. If they do, I will just throw Linux on a flash drive and boot from that to recover my data ahead of switching fully to Linux.
I remember seeing a leaked paper about them putting an omnipresent advertising ticket at the top of the screen that will be displayed regardless of full screen status. The only reason I can think that they are forcing this so hard is that a lot of their forced ad servicing plans are not possible to implement in earlier versions of Windows due to root level functionality that cannot be changed. I’m guessing things like direct injection of ads in running processes or that ticker.
Ads have no place in an OS, especially not as kernel level processes. If ads on the internet have taught us anything, it is that bad actors can inject malicious code directly into them without content servers or hosts knowing and compromise untold numbers of machines who just, let me check, rendered the ad.
Between the aggressive plans for in OS advertising and the privacy abolishing actions and policies with AI datascraping, I am done with MS. Windows 10 will be the last one of theit OS’s I run. If work needs me to do something on Windows, it will be on a virtual machine that I remote into.
This is a future proofing measure. With the enshittification of Windows there is a reasonably sizable share that is looking to migrate. Making an API/front end functional on the platform is just good business. I for one will be switching 95% to Linux the instant Microsoft acts on their patant for putting a mandatory advertising ticket on the screen. Literally the only thing I will use it for is programming things for work.
Reminds me of Rimworld and the fact that, if there is no other accessible entities on the map with a nutrition stat, children and animals will b-line for booze that raiders drop and get hammered. I can’t count the number of Muffalo, dogs, and cats that I have had which end up with an alcohol tolerance hedif out of nowhere.
Thank you. All of these things are actually very well defined. Nazism, Fascism, Authoritarianism. These are not words that are just thrown around haphazardly and have no meaning. The ones who DO use them inappropriately are those whom they describe. It is a concerted effort to redefine or undefine them so there is no longer a word to describe them.