Apple accused of "unfair" software licences

Posted on 20 Feb 2008 at 13:19

Apple is among 17 software companies that the UK's National Consumer Council has accused of misleading computer users into signing away legal rights.

The NCC has asked the Office of Fair Trading to investigate whether the companies are asking consumers to abide by unfair contract terms.

The consumer rights organisation says that its survey of software products found a widespread lack of clear, upfront and easily accessible information written in plain English. And typically consumers only have access to user licence agreements (EULAs) once they have opened the packaging.

This, said NCC senior policy advocate Carl Belgrove, means that consumers are unable to make informed decisions before they buy a product, yet are being forced to take on an unknown level of legal responsibility. In some cases, it leaves them with less protection than when they buy a cheap biro.

"Consumers can't have a clue what they're signing up to when some terms and conditions run to 10 or more pages," Belgrove said. "There's a significant imbalance between the rights of the consumer and the rights of the holder."

The NCC has also called on the European Commission to "plug the gaps" in EU consumer rights' protection to include digital contracts and licence agreements.

Apple said that is does not comment on ongoing investigations, but it does publish all its software licences on its website at apple.com/legal/sla.

The other companies mentioned in the Whose licence is it anyway? report include a number of Mac software developers, notably Adobe and Microsoft.

Adobe did not immediately respond to a request for comment.

Author: Simon Aughton

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