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

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141–150 of 234 posts

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

#141

Earlier quoted context omitted.

Or you can just use the product normally without agreeing to it. Look up "unconscionability"

sadly high end electronics are typically written to prevent this, which is pretty awful

I was referring to not agreeing to the comtract but still clicking the "I agree" button to use the camera.

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

#142

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.…

I vaguely remember computer magazines in the early 2000s talking about that: some lawyers suggested that EULAs were of questionable enforcability because they were negotiated solely by one party with legal resources and signed by one party without. The general status quo seems to have been "make threats and settle out of court" ever since, avoiding any sort of legal precedent being set. I'm not a lawyer, so perhaps I…

I'm not from the USA, but why hasn't someone actively gone through the law system to take EULAs to their final consequences (hopefully being dismissed by a court as one for a). I understand that companies would try to settle out of court, but why hasn't someone setup a company that doesnt settle just for the sake of establishing precedent?

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

#144

I have no clue about cameras, so I have not even the faintest idea if this can compare in any way to a professional camera, or even how far along the development is: https://www.apertus.org This is an open source and open hardware project, working on a camera because they dislike exactly the kind of stuff you described.

A few years ago I was quite keen on the idea of this, but at this point it seems a lot like vapourware.

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

#146

Looks like boilerplate to me. 4 is telemetry, with a catch-all that any data may be transmitted - which is necessary if a crash dump might contain image data. 5 is updates, with the catch-all that updates may break stuff or remove features (often buggy features or features too rarely used to be worth maintaining). Pretty standard stuff for anything containing software, and perhaps because the camera is so expensive t…

> RED Cameras are good and widely used, iirc - probably worth giving them the benefit of the doubt as they’ll not want to damage their reputation and profits by abusing their T&Cs. This is an appeal to authority, a logical fallacy. That particular niche of users has likely never brought it up to people attention. EULA are rarely brought up at all, and when they are its just in some software within tech circles becaus…

>This is an appeal to authority, a logical fallacy

Fallacy fallacy.

The appeal to authority fallacy would be to claim it's ok for them to do it because they're the best. The OP did not write that.

The OP wrote that on the spectrum of how to be worried, since this vendor has a track record of good behavior, and since the EULA pieces are pretty reasonable for the vendor to manage the software (which most film makers likely don't care to manage), that it's more likely that this will not be the issue that some make it out to be.

Stop making everything a (false) fallacy claim and simply address the discussion.

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

#147
post #78

Earlier quoted context omitted.

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.

It's almost certain that the EULA is on the website

If I walk into a store and buy something and they never mention the surprise extra contractual terms I need to go looking for on the website, then those surprise extra contractual terms aren't part of the sales contract. He's entitled to a refund if the EULA terms were not disclosed to him before purchase, because he purchased a camera and it can't be used as a camera until he agrees to an additional contract.

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

#148

Earlier quoted context omitted.

> RED Cameras are good and widely used, iirc - probably worth giving them the benefit of the doubt as they’ll not want to damage their reputation and profits by abusing their T&Cs. This is an appeal to authority, a logical fallacy. That particular niche of users has likely never brought it up to people attention. EULA are rarely brought up at all, and when they are its just in some software within tech circles becaus…

>This is an appeal to authority, a logical fallacy Fallacy fallacy. The appeal to authority fallacy would be to claim it's ok for them to do it because they're the best. The OP did not write that. The OP wrote that on the spectrum of how to be worried, since this vendor has a track record of good behavior, and since the EULA pieces are pretty reasonable for the vendor to manage the software (which most film makers li…

[deleted]

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

#149
Am I the only one reading this differently? “including but not limited to information about your [RED Camera, Camera Module, computer, system and application software, usage, content, and peripherals].” As in: information about content, not actual content.

I mean, yes, metadata is bad enough and it’s still an awful license, but I really don’t agree this suggests RED would be “capturing frames from their commissioned videos and transmitting them behind the scenes to advertisers.”

Am I the only one reading it this way?

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

#150
post #96

Earlier quoted context omitted.

> You're not entitled by law to take a hammer back if it doesn't work as you expect it to. Actually afaik in most jurisdictions the sale of goods carries an implicit warranty from the merchant that the goods are "fit for purpose" - essentially that it "will work like you expect it to", or at least in the way that most people would expect a hammer to work - as well as that it is of an even kind and quality for the goo…

I think it's a pretty long haul claiming that something isn't fit for purpose because you don't like an EULA that's available on the website prior to purchase

That's absurd. If you buy something in a store you may never have visited the website of the manufacturer. It's not fit for purpose if you need to agree to a new contract, the terms of which were not disclosed to you before you made the purchase, before you can use it for its intended purpose.
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