Don't you just hate software licenses? Not only are they appalling examples of use of the English language, but more often than not they are downright hostile as well as being just plain difficult to read. This is particularly annoying when you "have to read and agree to this license" before installing the software - quite often you feel like you have to hire a lawyer before continuing the installation procedure, and let's face it - most of us just don't bother - we assume the license doesn't say anything too nasty and agree to it without reading it. I hope this page will start a meme which changes this deplorable state of affairs. I intend to list on this page the top ten best and the top ten worst software licences, according to the scoring system outlined below.
I haven't scored any licenses yet, but if you'd like to do one, please send the name of the license, the company which created it, the name of the software product it covers and the score to me at andrew@reenigne.org.
Legalese hall of shame - scoring system
- 1 point for each occurence of any of the following legal jargon words or phrases:
- notwithstanding
- limitation
- limited
- including, but not limited to
- may not
- must not
- authorized [or authorised]
- entity
- without prejudice
- void
- exclusive [or exclusively]
- inclusive [or inclusively]
- 1 point for each word in CAPITAL LETTERS, not including acronyms. As we all know, words in capital letters really *really* have to be obeyed, much like the difference between a "dare" and a "double dare".
- 2 points for each term "defined" by the license
- +2 extra points if the definition of the term is completely obvious to a non-lawyer without the definition
- +2 extra points if you have to think to make sure that the definition means what you think it means.
- +5 extra points if the term isn't used anywhere else in the license
- +2 extra points if the definition of the term is completely obvious to a non-lawyer without the definition
- 5 points for each misspelt word or misused punctuation mark.
- 5 points for each use of the passive voice (a grammar checker will help here).
- 5 points for each sentence longer than 50 words.
- 10 points for each sentence which does not make sense in the language the license is written in.
- 10 points for each of the following rights the license tries to take away from you:
- the right not to have your email address used for unsolicited commercial email
- the right to rent something
- the right to lease something
- the right to lend something
- the right to borrow something
- the right to time-shift or space-shift something
- the right to archive something
- the right to resell something
- 10 (ten) points for each time a number is used in both numeric and longhand versions, e.g. "90 (ninety)" or "thirty (30)" (like that's supposed to make it clearer, or "more legal" or something).
- 10 points for each of the following:
- a premium rate telephone number
- a telephone number in a different country to the country you are in, or in which you bought the software
- a telephone number but no email address
- a postal address but no email address
- 10 points if you are told that by doing something you agree to the terms of the license (this always reminds me of childhood games involving writing an insult on a piece of paper and writing after it "if destroyed true").
- 20 points if you paid for something, and the license claims it doesn't have to work.
- 20 points if the license tries to take away your right to reverse-engineer anything.
- +20 extra points if there's no "except to the extent that such activity is expressly permitted" (or equivalent) clause.
- 20 points if the license has more than one language on the same page.
- 50 points if the license is longer (in bytes) than the content it protects.
- 50 points if you found a way to access the content without even seeing the license, let alone "agreeing" to it (implicitly or explicity).
- 50 points if the license agreement itself is explicitly copyrighted.
- -10 points for each attempt at humour
- -10 extra points if it's actually funny