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Message from mknox@austin.utexas.edu

Please note, it is the author's title and not mine. But it is an interesting read. Reminds me of the iTunes cuts on items sold there that caused Amazon to write a cloud app... http://m.zdnet.com/blog/bott/apples-mind-bogglingly-greedy-and-evil-lice... thank you to those who sent me copies! Regards, Marg ____________________________________________________ Margaret H. Knox mknox@utsystem.edu Chief Information Officer (CIO) (512)322-3774 The University of Texas System CTJ 2.218 78701 ********** Participation and subscription information for this EDUCAUSE Constituent Group discussion list can be found at http://www.educause.edu/groups/.

Comments

I've always been amazed at Apple's populist posturing, given their arrogance, over-priced and over-hyped goods, and lack of responsiveness.  It's one of the reasons I refuse to own any of their products.  Just bought my first Droid. 

jkt


Janice K. Tulloss, PhD, ASM
Software Coordinator
ITS - Client Services
202 Forney Bldg.
UNC Greensboro
Greensboro, NC 27412
336-334-5401




Message from rcyahnke@doit.wisc.edu

For a different perspective see this article: http://david-smith.org/blog/2012/01/19/ibooks-author-unprecedented/ I agree though that the EULA provisions are onerous, not higher ed friendly, and maybe even unenforceable, if a faculty person clicks thru this is he or she legally binding his or her institution? I would think only an institution's legal department would have that authority. - Ross
According to our University Counsel's web site:

Under recent court decisions it has become clear that click-wrap agreements are legal and binding contracts and therefore are subject to the University contracting policy.   Under University contracting policy, these agreements may only be entered into by someone who has authority to enter into a contract binding the University.

http://www.uncg.edu/ucn/clickwraps/

So we have to have ALL EULAs and contracts approved by UC before we will install the software.

jkt


Janice K. Tulloss, PhD, ASM
Software Coordinator
ITS - Client Services
202 Forney Bldg.
UNC Greensboro
Greensboro, NC 27412
336-334-5401




Message from mknox@austin.utexas.edu

AS do many of you, when we do master agreements, we try to get any add-on things such as EULAs disallowed. But while that helps on big things, there are so many smaller buys and downloads.

 

sigh

 

____________________________________________________

Margaret H. Knox                  mknox@utsystem.edu

 

Chief Information Officer (CIO)     (512)322-3774   

The University of Texas System

CTJ 2.218 78701

      

 

From: The EDUCAUSE Software Licensing Issues Constituent Group Listserv [mailto:LICENSING@LISTSERV.EDUCAUSE.EDU] On Behalf Of Janice Tulloss
Sent: Friday, January 20, 2012 4:11 PM
To: LICENSING@LISTSERV.EDUCAUSE.EDU
Subject: Re: [LICENSING] Apple's mind-bogglingly greedy and evil license agreement | ZDNet

 

According to our University Counsel's web site:

Under recent court decisions it has become clear that click-wrap agreements are legal and binding contracts and therefore are subject to the University contracting policy.   Under University contracting policy, these agreements may only be entered into by someone who has authority to enter into a contract binding the University.

http://www.uncg.edu/ucn/clickwraps/


So we have to have ALL EULAs and contracts approved by UC before we will install the software.

jkt


Janice K. Tulloss, PhD, ASM

Software Coordinator
ITS - Client Services
202 Forney Bldg.
UNC Greensboro
Greensboro, NC 27412
336-334-5401



Message from mknox@austin.utexas.edu

I saw Janice's comments, but let me note on Ross' item below that another way to look at it is that the employee did something employee was not to do and so may have incurred certain liabilities. Depending upon the case, I suspect university attorneys might argue that the company needs to pursue the individual. ____________________________________________________ Margaret H. Knox mknox@utsystem.edu Chief Information Officer (CIO) (512)322-3774 The University of Texas System CTJ 2.218 78701 -----Original Message----- From: The EDUCAUSE Software Licensing Issues Constituent Group Listserv [mailto:LICENSING@LISTSERV.EDUCAUSE.EDU] On Behalf Of Ross Yahnke Sent: Friday, January 20, 2012 4:07 PM To: LICENSING@LISTSERV.EDUCAUSE.EDU Subject: Re: [LICENSING] Apple's mind-bogglingly greedy and evil license agreement | ZDNet For a different perspective see this article: http://david-smith.org/blog/2012/01/19/ibooks-author-unprecedented/ I agree though that the EULA provisions are onerous, not higher ed friendly, and maybe even unenforceable, if a faculty person clicks thru this is he or she legally binding his or her institution? I would think only an institution's legal department would have that authority. - Ross
Message from mknox@austin.utexas.edu

It might be a company pursuing them as well. But as we know, deep pockets are usual target. And staff may be more vulnerable to administrative sanctions as you note below on faculty being in a different league. I suspect a lot would depend on the magnitude of the case and the situation. No good solutions that I know of. For production work of a mission critical item, try to encourage the checking of the EULAs and click thrus As I recall, Supreme Court Justice Roberts is on record noting he does not even read them... ____________________________________________________ Margaret H. Knox mknox@utsystem.edu Chief Information Officer (CIO) (512)322-3774 The University of Texas System CTJ 2.218 78701 -----Original Message----- From: The EDUCAUSE Software Licensing Issues Constituent Group Listserv [mailto:LICENSING@LISTSERV.EDUCAUSE.EDU] On Behalf Of Henry Schaffer Sent: Friday, January 20, 2012 5:18 PM To: LICENSING@LISTSERV.EDUCAUSE.EDU Subject: Re: [LICENSING] Apple's mind-bogglingly greedy and evil license agreement | ZDNet
Yes, I think it's rather gray, and the way it's been presented to us is mostly that if the copyright owners come after the individuals, the state attorney general (we're a state institution) may opt NOT to defend them (or the university).  So it's not so much that the university will go after someone legally for doing this (although they may face job actions if it is egregious or intentional) but rather it's more of a matter of "you're on your own" and the university won't necessarily defend them, as they should be aware they were NOT acting on behalf of the university and didn't have the authority to enter into the contract.

jkt


Janice K. Tulloss, PhD, ASM
Software Coordinator
ITS - Client Services
202 Forney Bldg.
UNC Greensboro
Greensboro, NC 27412
336-334-5401




I agree with Janet's take as to how the state/university *could* act. But I wonder what would actually happen - as I suspect that all of the attorneys involved will have "clicked through" themselves while knowing they weren't "acting on behalf ...". --henry IANAN

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