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So what are the chances this never goes anywhere thanks to a clickwrap EULA that's shoved into your face in 3pt font the moment the app starts? "Well, your hon

So what are the chances this never goes anywhere thanks to a clickwrap EULA that's shoved into your face in 3pt font the moment the app starts? "Well, your honor, he agreed.."

pinewurst 10y ago
EULA for other Bose app (Connect EULA seems not to be available online): https://hearphones.bose.com/eula https://hearphones.bose.com/eula "YOUR USE OF THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE COLLECTION, TRANSMISSION AND STORAGE OF CERTAIN STANDARD NETWORKING INFORMATION, DEVICE USAGE DATA, AND BOSE PRODUCT INFORMATION VIA THE INTERNET TO SERVERS OWNED OR CONTROLLED BY BOSE OR OPERATED BY THIRD PARTIES ON BEHALF OF BOSE"
- Chaebixi 10y ago
  IANAL, but haven't courts thrown out terms in click-through EULAs because a user wouldn't reasonably have been aware of what they were agreeing to?
- jdmichal 10y ago
  IANAL, but that language does not seem to permit selling of the data to third parties.
  - marak830 10y ago
    It doesn't say they cant resell it - or transfer it.
    - jdmichal 10y ago
      I suppose that's really the heart of the matter, isn't it? When should a company be able to collect what would otherwise be private information protected by law? And if they do collect it, what does the law provide as default protections on selling or transferring that private information? The "Privacy Policy" bits posted by aaronpk [0] only speaks to collecting what engineers would call telemetry information. It has zero mention of collecting other data, and zero mention of reselling the data. I know the US is relatively weak on such laws compared to some EU countries. This lawsuit might not go anywhere here, but there could very well be a strong case in, say, Germany. [0] https://news.ycombinator.com/item?id=14148461 https://news.ycombinator.com/item?id=14148461
- raverbashing 10y ago
  Thanks Bose. This is enough to make sure I never touch the crap you sell
- rconti 10y ago
  I read it on my device but it said NOTHING about tracking listening. Though of course it did say "we may collect data.. this data MAY INCLUDE date/time of opening the app.." Listening data was not mentioned under a MAY INCLUDE section, however of course its' covered by the blanket "data".
- pluma 10y ago
  IANAL but in the EU it doesn't matter what the EULA says unless the app makes it very explicit that it's tracking this kind of personal usage data.
aaronpk 10y ago
From the Privacy Policy in the app: http://i.imgur.com/rQZYTvT.png http://i.imgur.com/rQZYTvT.png http://i.imgur.com/0YD1D9l.png http://i.imgur.com/0YD1D9l.png
- falcolas 10y ago
  Scary. "The third parties are not bound by this privacy policy, but by their own privacy policies, which we won't link to or spell out all of our third party companies." No indication that the data collected (independently of Boise) is even anonymized.
kevin_b_er 10y ago
High chances. The courts have repeatedly shown that a meeting of the minds is not required to be bound to an EULA contract. The consuemr does not have to comprehend or understand their loss of rights in order to have them stripped.

So what are the chances this never goes anywhere thanks to a clickwrap EULA that's shoved into your face in 3pt font the moment the app starts? "Well, your honor, he agreed.."

pinewurst 10y ago

EULA for other Bose app (Connect EULA seems not to be available online): https://hearphones.bose.com/eula https://hearphones.bose.com/eula "YOUR USE OF THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE COLLECTION, TRANSMISSION AND STORAGE OF CERTAIN STANDARD NETWORKING INFORMATION, DEVICE USAGE DATA, AND BOSE PRODUCT INFORMATION VIA THE INTERNET TO SERVERS OWNED OR CONTROLLED BY BOSE OR OPERATED BY THIRD PARTIES ON BEHALF OF BOSE"

Chaebixi 10y ago
IANAL, but haven't courts thrown out terms in click-through EULAs because a user wouldn't reasonably have been aware of what they were agreeing to?
jdmichal 10y ago
IANAL, but that language does not seem to permit selling of the data to third parties.
- marak830 10y ago
  It doesn't say they cant resell it - or transfer it.
  - jdmichal 10y ago
    I suppose that's really the heart of the matter, isn't it? When should a company be able to collect what would otherwise be private information protected by law? And if they do collect it, what does the law provide as default protections on selling or transferring that private information? The "Privacy Policy" bits posted by aaronpk [0] only speaks to collecting what engineers would call telemetry information. It has zero mention of collecting other data, and zero mention of reselling the data. I know the US is relatively weak on such laws compared to some EU countries. This lawsuit might not go anywhere here, but there could very well be a strong case in, say, Germany. [0] https://news.ycombinator.com/item?id=14148461 https://news.ycombinator.com/item?id=14148461
raverbashing 10y ago
Thanks Bose. This is enough to make sure I never touch the crap you sell
rconti 10y ago
I read it on my device but it said NOTHING about tracking listening. Though of course it did say "we may collect data.. this data MAY INCLUDE date/time of opening the app.." Listening data was not mentioned under a MAY INCLUDE section, however of course its' covered by the blanket "data".
pluma 10y ago
IANAL but in the EU it doesn't matter what the EULA says unless the app makes it very explicit that it's tracking this kind of personal usage data.

aaronpk 10y ago

From the Privacy Policy in the app: http://i.imgur.com/rQZYTvT.png http://i.imgur.com/rQZYTvT.png http://i.imgur.com/0YD1D9l.png http://i.imgur.com/0YD1D9l.png

falcolas 10y ago
Scary. "The third parties are not bound by this privacy policy, but by their own privacy policies, which we won't link to or spell out all of our third party companies." No indication that the data collected (independently of Boise) is even anonymized.

kevin_b_er 10y ago

High chances. The courts have repeatedly shown that a meeting of the minds is not required to be bound to an EULA contract. The consuemr does not have to comprehend or understand their loss of rights in order to have them stripped.