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

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71–80 of 234 posts

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

#71

Earlier quoted context omitted.

Unless the telemetry they are talking about is anonymized.

Which it absolutely isn't, since they're reserving themselves the right to use it for advertising purposes. If it was properly anonymised it would be completely useless for such purposes.

That is likely a fair assumption, but an assumption nonetheless. There exists marketing data which does not identify individuals.

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

#72
post #64

DJI does this same bullshit on their offline, stand-alone cameras. They have to be "activated" with PII like an iPhone. Customer-abusing behavior is becoming commonplace. "I am altering the deal. Pray I do not alter it any further."

Except he makes no mention of having to connect it to the internet to activate it. This is just a standard CYA from RED of saying that if you do connect it to the internet, they may collect telemetry (e.g. crash analytics) and that they're not legally obligated to provide updates.

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

#73
post #9

> technical, diagnostic, usage and related information, including but not limited to information about your RED Camera, Camera Module, computer, system and application software, usage, content, and peripherals. They are doing CYA here, but what they are likely collecting here is metadata, not the content itself. And very likely they are referring to data collected for troubleshooting purposes.

That's what I suspect too but the terms don't read like that in my opinion. I'm hoping someone can chime in and explain why the terms don't allow for the content itself to be mined.

The EULA is talking about information about each of those individual items. It may make more sense if you format it like this:

including but not limited to information about your:

* RED Camera

* Camera Module

* computer

* system and application software

* usage

* content; and

* peripherals

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

#74
post #65

Earlier quoted context omitted.

This is exactly the answer. Why would the manufacturer of a professional-targeted camera take an action that would destroy their business?

Like Kodak?

Other than blow the opportunity to be the leader in digital cameras, what have they done to destroy themselves?

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

#75
post #65

Earlier quoted context omitted.

This is exactly the answer. Why would the manufacturer of a professional-targeted camera take an action that would destroy their business?

Like Kodak?

you're referencing when Kodak didn't pivot to digital? Or some T&C abuse I'm not aware of?

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

#76
post #16
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,…

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

[deleted]

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

#77

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.

RED is used by major film studios all over the place, on films that I'm sure many would pay good money to see early clips or b-roll of. If they don't have a concern of RED collecting this, it's unlikely you have a problem.

Not to mention, exfiltrating actual recordings would be crazy amounts of data. Unless you see in your internet traffic that the camera is uploading at several MB/s for hours on end, they're not doing what you claim they're doing.

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

#78

Earlier quoted context omitted.

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…

> or just got cold feet on your $30k purchase. You are typically not entitled to a refund in this situation. Many companies will allow it under a goodwill return policy, but they are not legally obligated in most situations.

There is an implied warranty of merchantability. If a EULA wasn’t disclosed until post purchase and is required for operation then the product isn’t operable and they would have to return it or find a way to make it operable.

Your average store clerk will roll their eyes if you discuss this with them - you’d have to sue. For $30k it might be worth it, but most purchases it is not.

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

#79

Earlier quoted context omitted.

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…

Good point on them taking a loss having to sell it as open box. It's not much but it's probably the best option I have that actually reprimands them for this.

> 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.

I do want more. I want to have peace of mind that it's safe to use my camera. I don't think that's an unreasonable request. Especially considering the price tag.

I definitely don't want the sales people to be punished. It's not their fault. It's possible that they've never even seen this since you'd only have seen it if you set one up straight out of the box.

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

#80
post #65

Earlier quoted context omitted.

This is exactly the answer. Why would the manufacturer of a professional-targeted camera take an action that would destroy their business?

Like Kodak?

Failing to see how a market will change and change with it is not quite the same as "a camera company intentionally stealing movies to share with others".
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