I just spent 20 minutes reading the software license for the Microsoft SYNC software embedded into my new Ford pickup’s system(s). Apparently, I “accepted” the terms and conditions of the MS SYNC software license by driving my new vehicle home from the dealer. I did not know this when I bought my truck.
The license makes reference to “the device” that uses the copyrighted software. Use of the device indicated acceptance of the license terms. Also, the software is “licensed, not sold” so I do not own the medium on which the software resides. I don’t know if that’s a ROM chip or the vehicle’s hard drive. It is not clear what “the device” is either. Is it the entire navigation system? Just the parts that use SYNC functions? Is it the entire vehicle?
The license begins:
You have acquired a device (“DEVICE”) that includes software licensed by FORD MOTOR COMPANY from an affiliate of Microsoft Corporation (“MS”).
<blah-blah–blah>
IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT (“EULA”), DO NOT USE THE DEVICE….. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVIOUS CONSENT).
Since “the device” is not defined, I have no way of knowing whether I have (unwittingly) “consented” to the EULA. That’s just wrong.
And get this: The Ford Motor Company software, the MS software plus third party software with which it might interface is collectively referred to as “SOFTWARE” and any use of the SOFTWARE means I’ve “accepted” the license terms. I’m pretty sure that, just by driving my new truck home from the dealer, it used some of the SOFTWARE.
When the Ford dealer told me about the wonders of the navigation system and voice control (voice commands are part of MS SYNC) he never told me I’d be agreeing to an EULA from a Microsoft Subsidiary.
There’s more.. <http://www.ford.com/technology/sync//features/#page=Feature300> tells me that: “With Send to SYNC, you can use Google® Maps or MapQuest® via your laptop or desktop to locate a destination, then send it directly to your vehicle’s SYNC system for directions.” Except it doesn’t “send it directly to [my] vehicle’s SYNC system.” It sends it to my mobile phone and the phone sends it to the nav system via BlueTooth.
Part of the EULA is consenting to automatic upgrades of “the software” which, doubtless, also would come through my mobile phone.
From reading the EULA, I can’t even tell if the “agreement” is between me and Ford Motor Company or me and Microsoft — pardon me “MS” — an affiliate of Microsoft Corporation.
More later.