EULAs / Privacy Agreements / Academic Study

[raghs]

Hi All, I am a researcher / prof at NUS... a co-author and I trying to understand the use of EULAs and Privacy Agreements at startup firms.  Specifically:

• Where do you generate your initial EULAs / Privacy Terms agreements?  
• Do you spend a lot of time thinking about the terms in those documents or do you just use templates?
• Do you adjust these from time to time, based on any strategic considerations (ie wanting to collect more / less data)
• Does the entrance of a VC cause you to change these agreements? e.g. to be more conservative about potential liabilities or reputation effects

Appreciate any advice or thoughts!  

-Sharat

[drllau]

I'm an IP broker specialising in IP/IT/ID law so in simplistic answer (to a very complex subject)

• Where do you generate your initial EULAs / Privacy Terms agreements?  

Traditionally hire very expensive lawyers who try to reduce the risk under a barrage of legalese to eliminate clones, competitors, and cheaters ... privacy is actually jurisidictional specific but they try (esp in social media networks) to get the maximum copyright permissive terms whilst admitting as little responsibility for breaches of privacy in selling user profiles. Cynical I know but the saying is if you're not paying for the product, you are the product.  

• Do you spend a lot of time thinking about the terms in those documents or do you just use templates?

The cynic in me notes that lawyers love billable hours but the lazy way is to just copy someone elses EULA and tweak ... the open source community have developed pretty standard licenses and the creative commons another but commercial sites with money to burn get independent advice.

• Do you adjust these from time to time, based on any strategic considerations (ie wanting to collect more / less data)
  

If you follow LinkedIn sites like IP professionals, whenever there are subtle changes, people notice (see the various Facebook controversies) and even the lawyers who read the terms tend to be critical. Not sure about strategic considerations as lawyers tend to be appendage of bus dev and not the drivers so it may be more in response to legislation (see EU-US privacy norms clash) and user outrage. Most have escape clauses to saying can change terms at any time without notice.

• Does the entrance of a VC cause you to change these agreements? e.g. to be more conservative about potential liabilities or reputation effects
  

This you have to ask a VC. Privacy is actually an emotional issue, the EU are quite strong on this (google right to forget) whereas US loves collecting data by fair means or otherwise (cough*Snowden*cough). Hence I would say it is a state of dynamic disequlibrium with positivism (eg TransPacificPartnership) and normalism elements (ad blocking cookies) tussling it out ... you can probably wade through forests of academic papers including those trying to make privacy an individual economic right v the much vilified notice and consent. Also some good books like digital shadows or something similar (sorry my ref library disappeared with my laptop).

Lawrence

http://www.linkedin.com/in/drllau

[raghs]

Thanks, that is super helpful!

[Meng WONG]

On Fri, Feb 5, 2016 at 7:17 AM, raghs <sharat....@gmail.com> wrote:

Hi All, I am a researcher / prof at NUS... a co-author and I trying to understand the use of EULAs and Privacy Agreements at startup firms.  Specifically:

• Where do you generate your initial EULAs / Privacy Terms agreements?  

A handful of online generators are available from providers like

https://termsfeed.com/eula/generator/

http://www.iubenda.com/en

I maintain an incomplete list of such document generators at http://www.legalese.io/

hope that's helpful!

[raghs]

Thanks again!

[Nick Fawbert]

Hi Meng, sorry to trouble you, but I was chatting with a colleague down the pub last week and I remembered your very useful map of singapore tech investors and the various stages that they come in at.

Do you still keep one of these? Would you be willing to let me have a copy?

I will as usual make sure that you and JFDI are credited with the work.

Nick Fawbert
Group Head of Knowledge | BNM Global

+65 9853 0051 | skype: nick_fawbert | @nickfawbert
315 Outram Rd, #12-03, Tan Boon Liat Building, Singapore 169074
brandnewmedia.asia

Winner - Best use of content for scoot’s stretch or splurge campaign – Singapore Media Awards 2014

Gold - Best use of multiple mobile channels for food for life tv Singapore – MobEx 2014

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[Kai @ JFDI Asia]

Hi Nick, 

You can help yourself with a copy of it at http://www.jfdi.asia/mapofthemoney