. This is the first time I have said that. In a recent article by Kevin Litman-Navarro for the New York Times, entitled We Read 150 Privacy Policies. They were an incomprehensible disaster the complexity of 150 terms of popular pages like Facebook, Airbnb, etc. were analyzed and understood. For example, most licenses require university degrees or higher degrees: “To succeed at university, people must understand texts with a score of 1300. People in trades, such as doctors and lawyers, should be able to understand materials with grades of 1440, while 3rd graders should understand texts that score more than 1050 points to be on track for a university or career until graduation. Many privacy policies exceed these standards.  Many form contracts are only included in digital form and are presented to a user only as a click-through that the user must “accept.” Since the user may only see the agreement after the purchase of the software, these documents may be liability contracts. Click-Wrap Licensing Agreements cover the formation of website-based contracts (see iLan Systems, Inc. v.
Netscout Service Level Corp.). A common example occurs when a user has to accept a website`s licensing terms by clicking “Yes” in a pop-up to access the website`s features. This is therefore an analogy with retractable wrap licenses, for which a buyer implicitly accepts licensing conditions by first removing the retractable film from the software and then using the software itself. For both types of analysis, the focus is on the actions of the end user and asks whether the additional licensing conditions are explicitly or implicitly accepted. The DMCA specifically provides for reverse software engineering for interoperability purposes, so there has been some controversy over whether contractual software licensing clauses restrict this situation. The 8th Davidson – Associates v. Jung found that such clauses are enforceable after the decision of the Federal Circuit of Baystate v. Bowers.  Software companies often enter into specific agreements with large companies and public authorities, which include specific support contracts and guarantees. Forms often prohibit users from reverse engineering. It can also make it more difficult to develop third-party software that collaborates with the software conceded, thereby increasing the value of the publisher`s solutions by reducing customer choice. In the United States, the provisions of the CLUE may prejudge engineering inversion rights, which are implied by fair dealing, c.f.
Bowers v. Baystate Technologies. Although licensing agreements must be prepared with the help of lawyers and IP professionals, some important IP clauses must be negotiated and incorporated before the agreement is signed. Many companies have parodied this belief that users do not read end-user licensing agreements by adding unusual clauses, knowing that few users will ever read them. As an April joke, Gamestation added a clause stating that users who placed an order on April 1, 2010 agreed to give their souls irrevocably to the company, which was accepted by 7,500 users. Although there is a box to be contributed to exclude the “immortal soul” clause, few users have verified it, and Gamestation has concluded that 88% of its users have not read the agreement.  The PC Pitstop program contained a clause in its end-user license agreement that stipulated that anyone who read the clause and contacted the company would receive a financial reward, but it took four months and more than 3,000 software downloads before someone collected them.  During the installation of version 4 of the Advanced Reading Tool, the installer measured the time elapsed between the appearance and acceptance of end-user licensing agreements to calculate the average playback speed.