The Small Print Project has an anti-EULA up. Here's another idea for one--a mashup of "Web Site User Agreement" pages and the patent grant in the CDDL.
"Oh, come on, be serious, we didn't license all of example.com's patents for free software just because there are example.com entries in your logs. Get serious, these Web Site User Agreements..."
"are bogus?"
"Yes! I mean, no, I mean OURS isn't...."
DRAFT Web Site User Agreement DRAFT
PLEASE READ CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE YOU SIGNIFY YOUR ASSENT TO THIS AGREEMENT. Your use of this web site, unless governed by a separate written agreement, is subject to the terms of this Agreement between you and Site Owner. You understand and agree that Site Owner will treat your use of this web site as acceptance of this Agreement. You understand and agree that initiating any network communications (including but not limited to the use of any network client, scanning or diagnostic software) with any computer system(s) involved in providing network services for this site (including but not limited to hypertext transmission protocol, domain name service, file transfer protocol, or electronic mail), or causing such network communications to be initiated, constitutes use of this site for purposes of this Agreement. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by you or your employer. "Web Site Software" means any software code, product, or work used in the creation, storage, delivery, operation, and maintenance of this web site or its content, including but not limited to operating system, utilities, development tools, graphic design and editing tools, audio recording, editing, and processing tools, language runtimes, and web server software. In consideration for your use of and access to this web site, you grant Site Owner, and Site Owner's officers, employees, and authorized agents, a worldwide, sublicensable, non-exclusive license under Patent Claims infringed by the making, using or selling of the Web Site Software, for the duration of the patents. You represent that you have the authority to grant this license on behalf of your employer. If you choose to terminate this Agreement, you may do so by ceasing to use this web site, destroying any and all copies of any content from this site, or data collected from this site (including but not limited to the output of any network client, scanning or diagnostic software) in your possession, and notifying Site Owner in writing at the address above.
DRAFT -- this is not site policy -- DRAFT
Podcast interview with Jane Silber and Carl Richell
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