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Ask HN: Is the EULA on my new $30k RED cinema camera legal?

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Re: Ask HN: Is the EULA on my new $30k RED cinema camera legal?

#21
post #19
post #16

Earlier quoted context omitted.

The purchase is completed before he gets it home and finds new conditions being imposed. That the part that I question about being legal.

Every product works this way.

Many digital products at least claim to work this way, but no not every product, and that doesn't mean that it's actually legal (I don't know if it is, but lots of things persist regardless of legal force).

Re: Ask HN: Is the EULA on my new $30k RED cinema camera legal?

#22
post #19
post #16

Earlier quoted context omitted.

The purchase is completed before he gets it home and finds new conditions being imposed. That the part that I question about being legal.

Every product works this way.

Nothing works that way. My desktop, laptop, router, and phone were flashed with FOSS before the EULA popped up. Sadly, you can't flash working, simple software on RED cameras.

Re: Ask HN: Is the EULA on my new $30k RED cinema camera legal?

#23
post #5

AFAIK these EULAs are legal. In reality, RED isn't exfiltrating their customers' video (the files are enormous so people would notice) and they would go out of business if they did. Probably every product has some objectionable clause in their EULA which no one reads, so you're better off not reading it and moving on with your life. If you want to be a freedom fighter, go work for the EFF; if you want to make video,…

This! OP, stop asking questions and raising concerns. Consume product, then get excited for next product.

Re: Ask HN: Is the EULA on my new $30k RED cinema camera legal?

#24
post #16

Earlier quoted context omitted.

The purchase is completed before he gets it home and finds new conditions being imposed. That the part that I question about being legal.

Yes, this! The sales person made absolutely no mention of any licensing terms or agreements that I would need to sign off on before my camera became usable as a camera.

I think you're entitled to return it for a full refund. The same would be true if you took some video and didn't like how the camera worked, or just got cold feet on your $30k purchase.

I get the feeling that you want more than that (like a custom license agreement, or some punishment for the sales person for not mentioning the EULA), and I don't think you're going to get that. Return it for a refund, RED has to sell it as an "open box", and the EULA costs them a few hundred bucks this time. Or make a fabulous video and forget all about their updates that move things around in the UI, and just live with it because the video quality is so good. Those are the best possible outcomes here.

Re: Ask HN: Is the EULA on my new $30k RED cinema camera legal?

#25
I have been under the impression that EULAs have not really been tested in court and that there is probably some reticence to actually attempt enforcement in case the result would invalidate the practice of EULAs altogether.

Normally, when you agree to a license, it is available for review and is agreed to before the purchase has been completed. Software EULAs -- presented after purchase -- seem more like a mugging.

Would be lovely to provide or deny consent for each of those actions detailed in the EULA -- the EULA becomes configuration.

Re: Ask HN: Is the EULA on my new $30k RED cinema camera legal?

#26
post #19
post #16

Earlier quoted context omitted.

The purchase is completed before he gets it home and finds new conditions being imposed. That the part that I question about being legal.

Every product works this way.

Nonsense. I bought a hammer the other day and could start using it without signing away any of my rights. It's pretty much only digital products that somehow force you to do that.

Re: Ask HN: Is the EULA on my new $30k RED cinema camera legal?

#27
It would be against GDPR because you cannot sign away your privacy rights to get a service to work if that service does not need your private data to function - the camera does not need your data to function therefore contract not legal in Europe

Re: Ask HN: Is the EULA on my new $30k RED cinema camera legal?

#28

Does it even matter if it’s legal or not? What would you rather do, use the camera or spend your time/money fighting it?

If it means what I think it means, I'd rather return it and invest in a company that doesn't abuse their users.

If you're uncomfortable with these terms you should return the product and ask for your money back. It's perfectly legal as far as I know (IANAL).

This reads like a typical "we collect telemetry and there's nothing you can do about it" disclaimer, which I personally find quite offensive for such an expensive piece of kit. Just the 30k you paid is more than enough to fund a whole development cycle to add an opt-in dialogue to the camera software.

I don't know if you'll find any equivalent hardware that don't include such policies in their EULA, though.

Re: Ask HN: Is the EULA on my new $30k RED cinema camera legal?

#30
post #4

1) You misunderstood. The relevant part is "technical, diagnostic, usage and related information". Note it doesn't say 'video' anywhere there, and even it did it wouldn't hold up court.

But that sentence continues with > including but not limited to information about your RED Camera, Camera Module, computer, system and application software, usage, content, and peripherals Should I be reading the "content" part as "information about your content" ? As in, metadata about the content? Lens focal lengths, recording quality, codecs, etc? That would make more sense.

That's the correct reading but I'm not sure just how much leeway "including but not limited to" tends to get. Does that, in practice, mean "things like the following" or does it mean "literally anything"?
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