I just had a very nasty surprise with a software product I purchased, and I thought I'd just fulminate for a bit on a trend in software which has been accelerating for some time. This trend is the "screw your customers" trend. It manifests itself in many ways, and I'll discuss some below. Basically the principle across these methods is the same, you promise something and deliver something else entirely. This is just plain wrong, it's dishonest and it's unethical. Whilst most of these methods leave the customer with no legal recourse against you, they certainly don't encourage customers to purchase your software again. Plus, it would be best to keep in mind that some of these practices are so unethical that it is likely that they they'll be legislated against sometime in the near future. Now criminalization is not retrospective, but who really want's to be known as the guys who were forced to change their business model because it became illegal?
EULA's
End-User License Agreements are (in my opinion) the biggest waste of time and effort of any software product. They can all basically be boiled down into a few bullet points:
- Whatever happens, it's not our fault, it's yours. No matter what.
- You thought this product belongs to you, but it doesn't, it's ours and we're just letting you use it for a while.
- We're going to tell you what you may and may not do with thise product, since it's not yours we can give you any instruction we like.
- We don't trust you at all, not one iota. But you can trust us, promise.
- We hate your guts and wish you were dead.
I challenge you to find a single EULA of a commercial product that doesn't fit largely to the themes above. Now, I don't know about you, but I find the above highly offensive. The thing is that it's written into such a long stream of legalese that most people have no idea that they're getting completely shafted.
Can you imagine car manufacturers making you sign a EULA with point 1, and then skimping on safety features? They'd be in jail in seconds, or out of business. Can you imagine a CD manufacturer telling you that you could only play their CD's at certain times of day, on the manufacturers HiFi's only, and only after you'd phoned a number to confirm that you weren't a thief? Hah! CD manufacturers may want to go that way, and DVD manufacturers have a bit with region-encoded DVD's, but they can't take it as far as software companies do every day. Better yet, can you imagine a book seller trying to tell you that you don't actually own the book, but are just leasing it for a while, and that if you mistreat the book, they'll take it away?
Activation & CD-Keys
CD-Keys are an upfront method to avoid software piracy, and I don't have any problem with them. But please make sure they work. I recently bought a game (which shall remain nameless to protect the guilty), and the CD Key did not validate. It made me hopping mad, and I'll be returning it to the store and loudly complain that they're trying to sell me pirated software. It'd not the stores fault, but hopefully they'll put pressure on the distributer.
Activation is an after install method to avoid software piracy, and again I don't have a problem with it in principle. But activation does require an Internet connection, and not all of us are fortunate enough to have always on Internet access. Activation should be able to work from a different machine, since the person might have to go to an Internet Cafe to activate their product. Also, related to this, the product should work for a time without activation (e.g. Windows/Office). In the case of games, which some people play from start to finish you could require activation to unlock all the levels, but allow the people to play the game to say, level 2 without activation. The reason is that I've already entered the CD-Key to prove that the game is legit. Telling me that I still can't play it at all despite that just makes me see red.
Updates
I like the fact that a lot of programs automatically connect to the Internet to assess whether the program has any updates available, and offer to download them for you. However, this should not be required for the program to function, especially not if the updates are huge (and out of the First World a huge update is 50mB+). Give the user the option, don't force them. I have ADSL, and it has a cap. So this selfsame game mentioned above requires me to download some gigantic file before it even tell me that my valid CD-Key is invalid. But what if I was close to my cap, and I'd rather update the game on the 1st of the month. Tough luck buddy, you can't play the game till then. Guaranteed to lose you customers.
Ownership
Software companies like to think that even though they give you a box, and CD's and manuals when you pay for their product that somehow the product does not really belong to you. This is absolute rubbish. Unless the packaging explicity states in big bold letters that the contained product is just a temporary lease, I feel that the product is mine. Software manufacturers are confusing intellectual property with property. The code and IP for the game is indeed the manufacturers, but the purchased game is mine. Sony cannot tell me that I can't take a sledgehammer to their TV's, but they can tell me not to reverse engineer it, or repackage it. That's standard IP, patent and copyright law. But the TV is mine. If I want to sell it to someone else, I can. If I want to paint it, I can. If I want to move it to another room, I can. Because it's mine.
Software companies seem to feel that because they own the IP, they also own the product. This is rubbish. I know that code is a tricky one because the IP and the product are indistiguishable. The product is the CD's and packaging and contents that I bought. That gives me the exclusive right to use those as I see fit, not as the software company sees fit.
Conclusion
The above bad practises may be technically legal, but they do leave a bit of a sour taste in the mouth don't they? They leave one with the impression that many software companies are ripping us off, pushing us around, and generally treating us like dirt. So what's the solution? I'm not going to advocate boycotting. What I am going to advocate is that those of us who are not unethical and who actually appreciate our customers don't fall into the traps above.
- Provide easy to understand EULA's (or if you have to have a long EULA, summarize it above the main body).
- If you're only leasing software, make sure that this is made very clear to the customer up front. Dishonesty will only breed unhappy customers (and irate blog entries).
- Make sure that the legally purchased software can be up and running on the users PC within minutes of the installation completing.
- Don't force users to do things they may not wish to do (except pay of course ;D). Suggest the best course of action, and make it easy to do what you want them to do, but forcing them just makes some customers irritated.
- If you're going to sell your software outside of the First World, keep in mind the fact that very few Third World users have dial-up, let alone broadband.
- Keep in mind that many people consider applications that quietly send information to the seller to be spyware, no matter how little information is sent. Also keep in mind that some of those users have firewalls that tell them that your program is being sneaky and underhanded.