law – Page 19 – Stilgherrian

04 April 201216 April 2012

cPanel’s new EULA: more software industry arrogance?

[Update 16 April 2012: Early communications with cPanel indicated that their EULA may in fact have been unchanged, just presented again as part of the license activation â€” which would put a very different perspective on things. I added a question mark at the end of the headline at that time. Either way, their eventual official response indicates that this process might well be changed. That’s a win for us all.]

What is it with software companies that shove a multi-page contract in your face and expect you to click “I Agree” on the spot? Seriously, what level of ignorant arrogance does that require? cPanel Inc, creators of a popular web hosting management system, are just the latest in this conga line of suckholes.

(Note to fragile American readers: that’s a literary reference. Grow up and deal with it.)

This morning the shared web server I provide for clients had updated its cPanel/WHM software overnight. As it should. But I had to agree to a new end user license agreement (EULA) before I could even start to address an urgent maintenance matter.

I was far from impressed. If you want to change the rules, cPanel, you’ll bloody well give me the chance to consider those changes and decide whether I agree.

I just fired off this email. I await their reply.

Dear cPanel Inc,

I take serious issue with the way you have just handled the change to your end user license agreement (EULA) that came with the new version 11.30.6.7. of cPanel/WHM installed automatically overnight.

There is no warning of an impending change to the EULA that I can immediately see in either the news or blog sections of your website, nor was there any notice that I saw in the cPanel/WHM interface. You simply popped up the new EULA in front of people once the new software had been installed, giving them no choice but to agree or be unable to maintain their servers.

Forcing people to agree to a new contract on the spot?

This is appalling!

cPanel/WHM is not consumer entertainment software. This is operational internet-facing software used by businesses. The EULA sets out all manner of terms and conditions with operational, risk and security implications — not only for your direct customers but for their customers in turn.

To pick just two examples, you grant yourself the right to “access to any facilities in which the Software is used or stored, including without limitation the facilities which house the Licensed Server”, and to “copy, access, store, disclose and use cPanel Data indefinitely in its sole discretion”.

While there are phrases limiting those rights in some cases, you have not given your users a reasonable time in which to assess the changes, decide whether they will accept them and, if they are unhappy with them, to make other arrangements — let alone discuss them with their customers.

Maybe the changes are minimal. Maybe not. Did you provide us with a clear list of changes, explaining the implications? No, you did not.

Your customers face a true dilemma today. Do they roll back to the previous version of the software, knowing that it doubtless contains security flaws that have been patched in the new version? Or do they blindly accept your new EULA without being able to think through the implications for their business and their customers?

Your new EULA will not have been written overnight. Your lawyers will have taken time to consider it, and it will have gone through an approval process within your own company. Why did you not have the simple, basic courtesy to extend the same opportunity to your customers?

Not impressed.

I have pressed “I Agree” because I needed to perform an urgent maintenance task on my server. However I wish to make it clear that I have not, in fact, agreed to your new EULA because I have not been given a reasonable opportunity to consider it.

Your once-happy but now extremely unhappy customer,

Stilgherrian

Of course cPanel are far from the only example of this arsehattery. Who have you had to deal with lately?

26 March 201211 May 2012

Keynoting the Saasu Cloud Conference 2012 with security

On 11 May I’ll be delivering one of the keynote presentations at Saasu’s inaugural conference, the Saasu Cloud Conference 2012 in Sydney.

The cloud is the enabler, itâ€™s the medium that automation grows in. We want to focus on the value of online accounting automation, why itâ€™s often undervalued and how you can get some for your own business or practice.

Saasu makes the online accounting system that I’ve been using since July 2007, and I know the chief executive officer and founder Marc Lehmann and chief happiness officer Tony Hollingsworth.

Good leadership and a good attitude continues to deliver a good product. Well, I think so anyway. At least it works for me.

My keynote will be something about security and the cloud, obviously enough, but I’ll lock down the details before the end of this week.

Mind you, I wrote the ZDNet Australia feature Cloud security? Better get a lawyer, Son! in October 2010, and since then I’ve written Cloud could be ‘privacy enhancing’: Pilgrim and Hybrid clouds the eventual reality for risk management and Today’s cloud winners: the cybercriminals and Want government cloud? Rethink security! so I’ve got plenty of material to start with.

Saasu has kept the price down to a reasonable $99 for a full-day event. You can register online.

[Update 11 May 2012: I’ve just posted notes and background material for my presentation, Security and the Cloud: Hype versus Reality.]

16 February 2012

Talking copyright vs the internet on ABC Local Radio

Last night I took part in a nice long chat about copyright and the internet on ABC Local Radio across Australia — the program being Tony Delroy’s Nightlife.

Also on the program was Fiona Phillips, acting CEO of the Australian Copyright Council, so we had me as the technologist and her as the lawyer.

I think Mr Delroy was surprised to find that we were in broad agreement on most issues. We covered quite a bit of territory, including SOPA, Optus versus sport, new business models and the inevitable mention of Nine Inch Nails.

Here’s the recording of the whole thing, including the talkback calls.

Podcast: Play in new window | Download (29.1MB)

I’d also like to thank everyone on Twitter who suggested other creatives who were successfully bypassing the middlemen and publishing straight to their audiences: musicians Radiohead, Amanda Hocking, Amanda Palmer, Jonathan Coulton and OK Go; writers Stephen King and Cory Doctorow; comedian Louis CK; and even the movie Red State by Kevin Smith. Have I missed any?

12 February 2012

Talking Optus versus sports on 1395 FIVEaa

The Optus TV Now decision continued to be “important” news throughout the week, with sports heavies trying to talk the government into a quick fix despite the Australian Law Reform Commission review already scheduled.

If you’re new to the story, well, there’s a summary and links in my post from Tuesday and my opinion piece in the Sydney Morning Herald.

Last night I ended up talking about it on Adelaide radio 1395 FIVEaa. I held the slight fear that I’d be on a sports program as token representative of The Evil Internets. But as it happens, presenter Will Goodings took us through a rather balanced discussion.

Podcast: Play in new window | Download (7.6MB)

As an aside, I was amused to see how an editorial in The Australian described the federal court decision.

Last week’s landmark Federal Court ruling that Optus can record and re-broadcast sporting events “near live” without breaching copyright…

The court decided no such thing. It decided that individuals could make their “private and domestic” recordings using Optus’ service rather than their own equipment. It certainly didn’t give Optus permission to “re-broadcast” anything, at least within any meaning of the word “broadcast” used by people on this planet.

Still, hats off to The Australian for a lovely bit of propaganda in support of their sporting interests. Remember who owns the National Rugby League…

07 February 201208 February 2012

Talking major sports’ future on ABC 702 Sydney

If you’d asked me last week what I thought I’d be doing this week, the answer would not have included “writing and talking about the future of the major sporting codes as televisions events”. But I wrote this thing in the newspaper…

Last week federal court judge Justice Steven Rares ruled that Optus’ TV Now service, which allows customers to record free-to-air TV and have it streamed back to their smartphone, tablet or computer at a more convenient time, was a legal form of time-shifting under section 111 of the Copyright Act 1968.

Even if competing telco Telstra had a supposedly-exclusive deal with the Australian Football League (AFL) to stream live video coverage of matches to smartphones. Even if the delay between an Optus customer starting to record a game and playing it back was just two minutes.

Telstra is paying the AFL $153 million over five years for this now-not-so-exclusive streaming right. Optus pays the AFL nothing, because they’re just providing a technical service through which individual customers make their own “solely for private and domestic use” recordings.

Josh Taylor covered it for ZDNet Australia.

The Sydney Morning Herald commissioned me to write an opinion piece that was published this morning, Sport has to think outside the box. Do please read it. It seem to have struck a chord, because I’ve received a lot of compliments.

Then the ABC’s Linda Mottram asked me to chat about the issues on 702 Sydney. And here’s the audio, along with her subsequent chat with a talkback caller on the same topic.

Podcast: Play in new window | Download (11.1MB)

The audio is of course Â©2012 Australian Broadcasting Corporation. But these program items usually aren’t archived on their website so here it is. And I will of course suggest that you listen to Linda Mottram’s morning program regularly.

I’m thinking of writing up some of my thoughts on how future sporting coverage could be done technically. Meanwhile, do you feel as I do that the days of cashed-up major sporting codes are about to end?

[Update 8 February 2012, 1015: The Sydney Morning Herald has published a follow-up piece this morning by rugby legend Roy Masters. Court has gambled with codes’ futures. Your challenge, should you choose to accept it, is to draw me a diagram of what the fuck he’s talking about.]

26 January 2012

Talking SOPA on Adelaide radio 1395 FIVEaa

This is being posted a bit late. It’s a conversation about the US Stop Online Piracy Act (SOPA) and the Wikipedia blackout originally broadcast on 18 January. So it’s been overtaken by more recent events.
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The presenters, as usual, are Keith Conlon and John Kenneally at 1395 FIVEaa, two chaps I used to work with back at ABC 891 Adelaide some… um, some years ago.

Podcast: Play in new window | Download (5.4MB)