EULA Subterfuge: Basically it is an effort to hide unethical and reprehensible behavior behind the rule of law, more specifically, software licensing contract law.

Separately these can be defined as follows:

• EULA:
  short for End User License Agreement.
• Subterfuge:
  n : something intended to misrepresent the true nature of an activity; “he wasn’t sick–it was just a subterfuge”; “the holding company was just a blind” [syn: blind] Source: WordNet ® 2.0, © 2003 Princeton University

  Some Synonyms:
  con, contrivance, device, dodge, expedient, gambit, gimmick, machination, maneuver, play, ploy, racket, ruse, savvy, stratagem, tactic, wile, hoax, chicanery, deceit,

Together “EULA Subterfuge” can be defined as follows: a legally binding license agreement between a software manufacturer and the computer user that is intended to misrepresent the true nature of the software by the use of contrivance, device, dodge, expedient, gambit, gimmick, machination, maneuver, play, ploy, racket, ruse, savvy, stratagem, tactic, wile, hoax, chicanery and deceit, etc.”

The following provides a well researched, representative example of EULA Subterfuge. This in-depth analysis was conducted by Ben Edelman, a highly respected Internet researcher, of a product called: 3D Desktop’s Flying Icons Desktop. This product winds it’s way through a legal minefield and manages to install quite an impressive package of malware.

From the EFFector Vol. 18, No. 16 May 20, 2005 Newsletter – EFFector is published by The Electronic Frontier Foundation

~ Attack of the Recursive End-User License Agreements
Ben Edelman discovers the fractal EULA for 3D Desktop’s
Flying Icons Desktop. The click-through license
includes, by hyperlink, the EULA of another program
installed in concert with the screensaver. That program
itself installs a family of at least four other
third-party programs. Each has its own separate license,
which are included, Russian Doll-style, in the parent
EULA. Click once, tacitly agree to three levels of
misdirection: http://www.benedelman.org/spyware/installations/3d-screensaver/

Unfortunately, this is just one example of a common practice.

Posted on Sunday, May 22nd, 2005 at 6:49 PM and filed under All Posts, Malware. You can follow any responses to this post through the RSS 2.0 feed. You can leave a comment, or you may trackback from your own site.