EULA benchmark restrictions ruled invalid
A New York court has prohibited Network Associates from using End-User License Agreements to ban users from publishing reviews or benchmarks of its software. The lawsuit begain almost a year ago. That NA was banned from inserting the clause in its EULA is secondary; far more significant is the recognition that such a restriction is not binding in the first place.
New York state Supreme Court Justice Marilyn Shafer issued a ruling,
made public this week, prohibiting the security software specialist
from trying to use its end-user license agreements to ban product
reviews or benchmark tests.The judge called the company’s attempted ban “deceptive” because it
implied consumers who conducted the reviews would be violating the
law, when they would not. Shafer has not ruled on damages.[...]
The attorney general’s office filed suit last year, claiming the
– CNet, Court: Network Associates can’t gag users.
licensing agreement’s language may cause people to believe that
they’re breaking the law by reviewing the product without consent.