Google Web Accelerator = BAD?!

[Sabinius]

http://www.somethingawful.com/articles.php?a=2858

http://www.google-watch.org/toolbar.html

hmm... I beleive the somethingawful is not sarcasm because he has proof....
but shouldnt there be millions of lawsuits? shouldnt this be in the wallstreet?
wait what the fuck.... or did I miss something?

hmm I missed something :p

[Ivan]

See Google is the devil and will take over the world! :evil:

[hex222]

google is for hackers... i like yahoo, it spells n00b on teh front page...

i didn't read anything before this BTW

[Infernus]

i didn't read anything before this BTW

Thank you Captain Obvious

[DaShiznit]

Maybe they're right.

[Ivan]

i didn't read anything before this BTW
http://www.tridot.net/images/stuff/CoolHomer.jpg

[Mag-Mower]

google is not evil. google is ftw.

[Jaged]

Someone tell me how to view other peoples private messages and emails with the web accelerater. If it is possible for anyone on the internet to do, then im sure I can figure it out. If I see this then I will uninstall it.

[Strygun]

If it's possible, google will fix it.

And no, there won't be any lawsuits against google, because to use the accelerator you agree to indemnify them if anything happens.

[Jaged]

If it's possible, google will fix it.

And no, there won't be any lawsuits against google, because to use the accelerator you agree to indemnify them if anything happens.
This is america, don't be so quick to assume that anything is ever immune to a lawsuit.

:usa:

[Kyonye]

I'm gonna have to agree with Jaged on this one...United States does put up the most amount of lawsuits/year/country

[Infernus]

I'm gonna have to agree with Jaged on this one...United States does put up the most amount of lawsuits/year/country

But those are petty cases... people sue over the most rediculous things... and the fact of the matter is you agree to Limiting Google's Liability.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL GOOGLE OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE WEB ACCELERATOR BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF GOOGLE WEB ACCELERATOR OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GOOGLE AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON GOOGLE WEB ACCELERATOR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE WEB ACCELERATOR, FROM INABILITY TO USE GOOGLE WEB ACCELERATOR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE WEB ACCELERATOR, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GOOGLE WEB ACCELERATOR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE WEB ACCELERATOR (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.


That removes google from any liability and simply saying "well no one reads those anyway" doesn't stand in court. Furthermore:

We may store and process personal information collected on our site in the United States or any other country in which Google Inc. or its agents maintain facilities. By using our services, you consent to the transfer of your information among these facilities, including those located outside your country.

And finally

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.

You have to make a federal case to overrule the courts of a state which would require either unconstitutionality, bad business practice, a breach of contract (therefore voiding the above).

Have fun finding someone to make a case against google's multilayered protection.

[Jaged]

They could put that if you use your product then your first born son belongs to them in the user agreement. That would not stand up in court for a second. You can always argue that the user agreement is rediclous. (Not saying it is rediclous, just saying there could be a case there.)

[Infernus]

But there isn't.

You both download their program and agree to their legally binding EULA, a case can not stand.


Furthermore: The terms apply in the state of California, the laws of the state not being unconstitutional and only superceded by the laws of federal court, therefore the terms stand. If signing away your first born son was constitutional in California, and was in the terms... you'd technically have agreed to it.

[Jaged]

There often is stuff in user agreements does not stand up to law. In fact there is a clause in most if not all agreements stating that if anything in there is illegal the rest of the agreement still stands. They put that in there for a reason.

I am however too lazy to find it.

[Infernus]

I quoted it... but I don't understand what you're arguing. Its a legal document, and its the normal code of liability... IT IS LEGAL!

Also: you can't sue for using a product you willingly downloaded and were warned about in the EULA.

[Kyonye]

But those are petty cases... people sue over the most rediculous things... and the fact of the matter is you agree to Limiting Google's Liability.



I don't agree to limiting their liability. i'm just saying that people sue over anything, and everything. I never said that these people who sued would win, i'm just saying that there is probably a person out there, in this country, who will end up sueing them just because...

[Infernus]

I don't agree to limiting their liability. i'm just saying that people sue over anything, and everything. I never said that these people who sued would win, i'm just saying that there is probably a person out there, in this country, who will end up sueing them just because...

Um... if you download their program and agree to the EULA you agree to limiting their liability.

[Jaged]

Infernus, if what you are saying was true what would keep companies from putting absurd stuff in the agreements? Considering that 0.001% of people actualy read them, they could get away with it. There is no way somehting absurd in an EULA would stand up in court. Because of this there would be a case that this clause is absurd. I could even imagine it winning with the right judge.

[Kyonye]

Um... if you download their program and agree to the EULA you agree to limiting their liability.


Um...I never downloaded the program..and never intended on it.

[Infernus]

Infernus, if what you are saying was true what would keep companies from putting absurd stuff in the agreements? Considering that 0.001% of people actualy read them, they could get away with it. There is no way somehting absurd in an EULA would stand up in court. Because of this there would be a case that this clause is absurd. I could even imagine it winning with the right judge.

Because an EULA has limits imposed on it by law.

EULAs are legal contracts, and the vendor or developer may include almost any conditions. These conditions are often designed to protect the developer or vendor against liability, but they may also include additional terms that give the vendor some control over your computer.

That is the limit of an EULA's official power. As such most EULAs usually include among normal relinquishment of liability:

Distribution - There are often limitations placed on the number of times you are allowed to install the software and restrictions about reproducing the software for distribution (see Avoiding Copyright Infringement for more information about copyright issues).

Warranty - Developers or vendors often include disclaimers that they are not liable for any problem that results from the software being used incorrectly. They may also protect themselves from liability for software flaws, software failure, or incompatibility with other programs on your computer.

And sometimes:

Monitoring - Agreeing to the EULA may give the vendor permission to monitor your computer activity and communicate the information back to the vendor or to another third party. Depending on what information is being collected, this type of monitoring could have both security and privacy implications.

Software installation - Some agreements allow the vendor to install additional software on your computer. This may include updated versions of the software program you installed (the determination of which version you are running may be a result of the monitoring described above). Vendors may also incorporate statements that allow them or other third parties to install additional software programs on your computer. This software may be unnecessary, may affect the functionality of other programs on your computer, and may introduce security risks.

In this case you are agreeing to an EULA, it is a contract limited by the law to the computer and the software being installed - and the producer's relinquishment of liabilty (the case at hand). The law governs what can be in an EULA the same way it governs what can be in a Business contract... I know that business contracts are governed by the UCC Act, I'll try to find the documents for EULAs but I imagine the UCC has a large effect on them.

[MattxMosh]

Read Spybot Search And Destroys EULA.

They basiaclly say, they hate paid software, and that they don't care and will not be held responsible if thier program destroys windows.

[JT Hutt]

Stop using google only **** use google.

[Jaged]

Stop using google only **** use google.
http://www.speakeasy.org/~pj99/Welcome_to_PSU.gif

[Kam]

http://yagoohoogle.com/