Free Speech Benefits IT

Computerworld - The IT community has always thrived on free speech. The exchange of information gives users essential ways to compare experiences, develop new products and enhance the affordability and usability of all types of systems. Unfortunately, the benefits of openness aren't acknowledged in the end-user license agreements that vendors force customers to sign.
Now, though, vendors may find that they'll have to rewrite all those agreements to take into account a decision recently released by New York State Supreme Court Justice Marilyn Shafer.
The ruling focused on a case involving language contained in Network Associates' license agreement prohibiting a user from publishing a review of its security software without prior approval. The court clearly stated that the ban was deceptive because the license agreement gave customers the impression that they would be violating the law when they would not.
In essence, the court said making someone afraid to write something is the same as preventing him from writing it in the first place. And this typically is what goes on with a license agreement.
License agreements restrain customers from disclosing vital product performance data, make it impossible for them to seek legal redress for damages caused by product flaws and can bar them from revealing their vendor experiences without first obtaining approval from the vendor. It's hardly surprising, then, that most customers have only good stories to tell.
Where's the benefit in that?
Imagine the motion picture industry making movie viewers sign an agreement granting prepublication approval rights to anything they may write about a film. All the reviews would be positive. With such a policy, the automobile industry could ensure favorable coverage before a would-be reviewer even switched on the ignition.
In response to the ruling (which it's appealing), Network Associates said it was trying to ensure that reviews reflect the latest release of a product. That's like saying you can't review Casablanca without prior approval if it's not the latest colorized release. The software industry seems to still believe it deserves special treatment -- treatment placing most consumers at a disadvantage.
While the ruling doesn't have much force outside of New York (too bad Silicon Valley users didn't take the lead on this), it should embolden customers to demand less restrictive end-user agreements.
It's time to force vendors to craft language that helps your business, allows for dialogue to make it easier to do your job and inspires the openness IT users need to remain innovative and vital.
Without these changes, we've lost more than just better software; we'velost a basic tenet of free speech.
Pimm Fox is a freelance writer in San Francisco. Contact him at pimmfox@pacbell.net.