That's in my EULA?? - An Introduction

You're kidding me... That's in my EULA??

Transcript and resources for this episode available at WhatsInMyEULA.com

When was the last time you read the terms of agreement before clicking the “Accept” button after downloading a new app? Before I started this podcast, if you’re like me, that would be “never”. I would venture to guess that no one, not even the most detail oriented, go-by-the-book person has EVER completely read the terms of agreement, along with all the links and attachments, when giving access to a new app.

That’s what “That’s in my EULA??” is about. This is the host of “You’re kidding me… That’s in my EULA??”, Mark Miller. Each week, I’ll be joined by my lawyer friend, Joel MacMull to “go deep” and explore the far reaches of the End User License Agreements and Terms of Agreement on major apps such as TikTok, YouTube, Credit Reporting Agencies, and the new GPT engines.

Joel’s been a lawyer for 20 years. He’s got first hand experience in some of these issues, will reference court cases and legislation, including the possible changes to Section 230, known as the Communications and Decency Act. That’s the act that protects social media platforms from being sued by what’s being presented on their platforms.

Here’s the way it’s going to work. We’re going to choose a EULA or a general category of EULAs each week. Joel and I will research the EULA of the week and then talk about what we’ve found. I’m coming from the perspective of a consumer. I bring up the most egregious things I find in the terms of agreement, while Joel focuses on the legal aspects of what is defensible, what is unenforceable, and what just doesn’t make sense in these agreements.

Our hope is two-fold. First, you'll get a general sense of what’s in the terms of agreement when you accept the loading of a new app on your phone. And second… well I’ll let Joel explain it to you.

“The more I look at these, the more I shake my head and just think to myself, do our representatives know what's going on here?

“We're going to start a grassroots campaign right here, and you and I are going to get a bill sponsored where Congress is going to put into place, that there needs to be a fair disclosure. There needs to be, at least as it relates to technology companies in the grand scheme of things in which are using your data, and I don't care whether that data is text, whether that data is video. I want a succinct single document where I can read what the terms of service are, and insofar as they may also implicate privacy issues, which they do, I want that laid out for the average consumer in a way that is accessible and digestible.

​​”That's become my personal mission. I invite you to join me in campaigning for this.”

That lays it pretty bare, right there. If you’re interested in what your kids have agreed to when joining a new gaming platform, if you’re concerned about giving up your rights to some app, if you’ve ever thought, “What did I just agree to?” after you clicked an “Accept” button, you’re in the right place.

“You’re kidding me… that’s in my EULA??” is launching in the last week of March. You can follow us on your favorite podcasting platform, or listen to the show and get resources for each episode at WhatsInMyEULA.com.

And we promise you won’t have to click an “Accept” button to listen to the show.

If you're interested in talking with Joel about some of the issues in this episode, shoot him an email.

Joel G. MacMull | Partner

Chair, Intellectual Property, Brand Management and Internet Law Practice

[phone] | [e-mail]