Essays Section

Essay #4: Agreements difficulties

 

EULA's ("End User Licensing Agreements") and TOSA's ("Terms of Service Agreements") and PS's ("Privacy Statements") are long, complicated and full-of-legal-terminology online documents that possibly only an attorney could adequately decipher.

Such documents are often very complicated and can seem to be anti-goodwill, and unfriendly.

Also, to some persons, possibly they could even be seen as unkind and non-Christian, or even plausibly, as anti-Christian constructions, because they often may involve legal complexities that may potentially and plausibly be seen by some persons as designed to intentionally ensnare such persons on legal details; which could be construed as unkind.

Potentially thus, at least seemingly anyways, such documents may appear to intend to potentially do malice towards persons who may, ignorantly or otherwise, "click" on the "I agree" button and who may thus effectively, and/or possibly legally also, may thus effectively or actually thusly agree to the details of such a document, without reading every single word.

Such persons therefore may not desire to take all the time necessary for to read and to digest adequately enough all the concepts delineated therein in order to be able to attempt to abide by the requirements of the document, thus so as to attempt, by reading and digesting the document's provisions and concepts, to legitimately avoid thereby, legal prosecution by the authorities because of such potential transgressions of such a "binding agreement".

More specifically, EULAs and/or TOSAs often state quite definitely that by clicking on the "I accept" or the "I agree" button online, that such choosing of such an option constitutes choosing a "binding legal agreement" between the user and the software company or website company, or with whomever else.

However, why should a prospective user have to read through such a long, complicated, and tedious-to-read-through online document simply because he/she desires to use a tool-bar or to use a browser or to use a word processing program or to use a "plug-in" or to use a media-usage-assistance software item or just to be able to listen to music of some kind, or just to be able to watch movies online, or so forth?

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Please see Matthew 5:33-37 of the Holy Bible:

Expanding the above holy scripture reference (Matthew 5:33-37) into verses, we have, from the Blue Letter Bible on the Internet:

Matthew 5:33 - NLT - (New Living Translation) - "You have also heard that our ancestors were told, 'You must not break your vows; you must carry out the vows you make to the LORD.' "

"Footnote: * Num 30:2"

Numbers 30:2 - NASB - (New American Standard Bible) - "If a man makes a vow to the LORD, or takes an oath to bind himself with a binding obligation, he shall not violate his word; he shall do according to all that proceeds out of his mouth."

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Matthew 5:34 - NLT - "But I say, do not make any vows! Do not say, 'By heaven!' because heaven is God's throne."

Matthew 5:35 - NLT - "And do not say, 'By the earth!' because the earth is his footstool. And do not say, 'By Jerusalem!' for Jerusalem is the city of the great King."

Matthew 5:36 - NIV - (New International Version) - "And do not swear by your head, for you cannot make even one hair white or black."

 

Matthew 5:37 - NIV - "Simply let your 'Yes' be 'Yes,' and your 'No,' 'No'; Anything beyond this comes from the evil one."

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However, even if they are not actually intentionally anti-goodwill or anti-Christian either, EULAs, TOSAs, and PSs certainly are a chore to read through, anyways; and it seems as though it would be better if, for example, they and other similar online legal agreements would not be so long, or that they would not be so complicated such that effectively speaking, anyways, they would require a person to be an attorney, almost, in order to adequately read through them, even.

Or, it may be better to have them not required to be read through or to be either agreed to or disagreed with by the general Public user at all, even.

A person would almost need to hire an attorney just to be able to use the software product or website having such a EULA or TOSA or PS requirement; an action requiring money that may be difficult, difficult for some persons, anyways; at least for myself for now included in that category of finding it difficult to acquire enough of such money to pay for such purposes of hiring an attorney; to obtain enough money, for that purpose; since the attorney would probably need to be paid, at least eventually. Don't get me wrong: I am not against paying attorneys. It's just that for now, anyways, I am limited in my income and in my ability to pay them.

It also possibly might not be very much practical, or endurable, even if affordable, to have to have such a legal specialist as an attorney or an attorney’s assistant on hand while a person surfs the web, if, when, and where the person might surf the web and might encounter such EULAs or TOSAs or PSs that might be needing interpretation and advice, concerning such documents, either.

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To partially sum it up, EULAs and TOSAs and PSs are difficult to attempt to read through, and tiresomely time-consuming to attempt to read through before being allowed by the website or software company requiring the reading of such prospective agreements or notices in order to be able to use such software; to be able to use such software.

With other types of purchases and uses of other types of products, such as groceries or most department store products purchases such as telephones, radios, and cameras, possibly, etc, it is not required to sign such a "binding" contract, nor should it be.

Sometimes, even if the software is allegedly free for a prospective user to use, there will still be a EULA or TOSA online document of some sort for the prospective user to supposedly read; with however, the requirement of needing either to agree with or to disagree with the online documents, before such software will be allowed to be used.

Possibly some other way for software companies to protect their software copyright rights could be found than by shifting the burden concerning such matters onto the computer user of the computer software, requiring him/her to read through such long, tedious-to-read-through documents so much of the time, or to have him/her to need to sacrifice his/her conscience, or to endanger his/her legal future by "clicking anyways" on the "I agree" button without he/she having actually read through the document adequately or without he/she to have actually considered the topics presented to him/her by such a EULA or TOSA or PS online document, much at all.

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In conclusion, EULAs ("End User Licensing Agreements") and TOSAs ("Terms of Service Agreements") and PSs (Privacy Statements) are online documents that often seem to be exceedingly long-and-difficult-to-read-through legal textual material that may contain "fine print" features that could accidentally (or otherwise) ensnare a person.

Even if they are not intended to be that way, such long-and-difficult-to-read-through EULAs and TOSAs and PSs can be seen as, effectively speaking, an insult to the Public.

Such EULAs and TOSAs and PSs should not be required in order to use a particular software product or website, or to purchase such a product, or to use whatever else item is of a similar nature; at all.

By seemingly ever increasingly requiring computer internet users to agree to EULAs and TOSAs and PSs encountered on websites for seemingly and increasingly nearly everything useful or worthwhile that may be encountered there on the internet in modern cybernetic life: Software companies, private and public institutions, and many other individuals’ and groups’ websites are, effectively speaking, seemingly almost, again, effectively speaking, almost demanding that computer internet users effectively sell their souls to the Devil, almost requiring them to agree to that which such online documents admittedly and blatantly refer to as "binding agreements".

Such computer internet users may not truly agree to, or believe in, nor may want to be bound by such terms, but may feel that such online documents almost require them to agree with such terms; concerning those companies’ prospectively helpful, novel, attractive, or downright useful website features but which however, require agreement to those detailed provisions of those online documents that may have multitudinous, potentially ensnaring detailed points and fine print needing to be time-consumingly-and-difficultly read through, and carefully digested, just for a computer internet user to be able to use the software or websites offered there on the internet for use by members of the Public.

 

This is in possible violation of the principles set forth in Matthew 5:33-37 of the Holy Bible.

Please see those verses in Matthew 5:33-37, quoted in the above text of this document.

In particular, please see that last verse:

Matthew 5:37 - NIV (New International Version)- "Simply let your 'Yes' be 'Yes,' and your 'No,' 'No'; Anything beyond this comes from the evil one."

Also, there is an almost equivalent rendition of those particular verses which are contained in the book of Matthew but which as well are also found in the book of James:

James 5:12 - RSV - (Revised Standard Version) - "But above all, my brethren, do not swear, either by heaven or by earth or with any other oath, but let your yes be yes and your no be no, that you may not fall under condemnation."

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