For the first assignment in Topics In Open Source Development, from here on referred to as DPS909, I had to read one open and one close-sourced end-user license agreement (eula). I must have accepted hundreds of these in the past, yet never once bothered to read what I was actually agreeing to. I imagine the vast majority of computer users are in the same boat as me – reading a eula from start to finish is an exercise in superhuman patience. The two eulas I read were Apple’s iOS Software License Agreement for iOS 6 and The MIT License.
The first thing I noted about Apple’s agreement is something that, while obvious in retrospect, had never occurred to me prior to reading the agreement.
“The software (including Boot ROM code and other embedded software), documentation, interfaces, content, fonts and any data that came with your iOS Device … are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License”
It’s strange to think this device that I paid hundreds of dollars for does not fully belong to me. I may own the hardware (although I’m sure that comes with its own caveats as well) but all the software running on the phone belongs to apple and with it the right to terminate my service any time I fail to uphold the agreement. Again, this should have been painfully obvious from the start, but I wonder how many iPhone users are aware that when they say “this is my iPhone” they actually mean, “this is my expensive computer that’s useless without Apple”.
The other noteworthy part of the agreement was how Apple handles the consent to use my data. For the most part, they’re pretty good at letting you opt out of certain data tracking. For instance, there’s a global option to limit ad tracking that prevents third party developers from using your data and information to send targeted ads. Safari, the built in web browser, also has settings for disabling third party tracking cookies. Where it gets interesting is Apple’s stance on location-based services.
“By using any location-based services on your iOS Device, you agree and consent to Apple’s and its partners’, licensees’ and third party developers’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve such products and services.”
It’s unfortunate that this is the case because location services are such an integral part of the smart phone experience. Using Google Maps without giving it my location renders it almost entirely useless. One of my most used apps, NextBus, would have me wading through menus to select the correct bus route and stop should I disable location services. I exaggerate, of course, but there’s a lot to be said about the fluidity of applications knowing where you’re located and subsequently delivering information to you based on this location. Disabling location services in an attempt to boost my privacy just isn’t an option (at least for me) after having paid a premium on a phone and a recurring monthly fee.
The MIT license was the second license I looked at and it’s almost comical in its simplicity.
“Permission is hereby granted, free of charge, to any person… to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software…”
It essentially allows anyone to do anything with the software as long as they include a copy of the MIT license in “all copies or substantial portions of the Software”. I’m assuming that the license must only be included for “substantial portions” of the software, and not all portions of the software, such that if you were to sell or license copies you could do so in a way that protects you from releasing all of your code online.
An interesting read, no doubt, and one that opened my eyes to the sneakiness that is end-use license agreements.