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

  • By: Mark Miller
  • Podcast

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

By: Mark Miller
  • Summary

  • That’s in my End User License Agreement?? Yes, you really did agree to give an app full access to your phone when you clicked that “Accept” button. Companies know you’re not going to read it. That’s why they make it so long and bury the devil in the details. That’s where we come in. Yes, Joel's a lawyer. Yep, a real lawyer. We believe you should know what you’ve agreed to without having to spend 2 hours reading that End User License Agreement (EULA) and all of its attachments. We’ll do that for you and just explain the ‘good’ parts. Each week, we tear apart a EULA, or a category of EULAs, from one of the most popular apps in the marketplace. We’ll explain what the most egregious terms are, where those terms appear in the agreement, and warn you of what kind of access you’ve given over just to be able to play that little game on your phone. We’ll look at the agreement in terms of camera access, contact lists, photos, private messages, privacy policies... anything you’ve got stored on your phone and tell you, “Hey, that social media app now has access to your private messages. Did you really mean to do that?” Subscribe to “That’s in my EULA??” on your favorite podcasting platform before you press that next “Accept” button.
    Copyright 2023-2024, Sourced Network Production
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Episodes
  • That's a Wrap! End of Season One
    Jun 26 2023

    This is the final episode of our 10 part series on End User License Agreements or EULAs for short. I'm Mark Miller, Executive Producer and host of "That's in My EULA??" When Joel MacMull and I thought about this series, our assumption was that we'd reach a point where the agreements we were analyzing would start to look alike, and that's pretty much what's happened.

    What we're going to do in this episode is to do a quick review and go over the highlights of the series, the highs and lows, to give you some quick insights into what we've discovered.

    At the end of the episode, I'll go over what we're planning for Season Two and how you can become involved. Stay with us. 

    Episodes in Season One
    1. AI and Chat Engines
    2. TikTok
    3. YouTube
    4. Credit Reporting Agencies
    5. Slack
    6. Zoom
    7. Amazon
    8. Canva
    9. Charles Schwab
    10. ChatGPT takes Steven Schwartz to Court

    Listen

    Available on all your favorite podcast platforms: https://thats-in-my-eula.captivate.fm/listen

    That's a Wrap

     That's a wrap for Season One of "That's in my EULA??" When we come back in Season Two, Joel and I will be looking at legal cases currently being considered or actually in session in the court system. From what we're seeing, AI and GPT are going to get some major exposure in the coming months, and we'll be on top of that.

    We'll also be looking for ideas from you. You can leave us a note and suggestions on our LinkedIn page at Sourced Network Productions. Thanks for staying with us through the first season. We'll see you in Season Two.

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    15 mins
  • ChatGPT take Steven Schwartz to Court
    Jun 16 2023

    The transcript and resources for this episode are available at WhatsInMyEULA.com.

    There was a historical case presented in federal court in New York City last week. Lawyer Steven Schwartz was hauled into court for using unresearched, unsubstantiated output from ChatGPT to defend a client. For those of us following the case, it's a chance to get a firsthand look at a judge who will be setting precedents around the country, if not the world, when it comes to using AI output in a courtroom.

    Joel MacMull has presented before Judge Castel, who is presiding over the case, a few times. So he and I planned on meeting in the courtroom that day. Yeah, life got in the way. Instead of few days after the court date we got on a call with our friend and technologist, Shannon Leitz, to discuss the legal aspects of the case, as well as the future of using this type of technology to do research.

    How can we trust output from an AI engine? When is it appropriate to use an AI engine to do professional research? Should Schwartz have known better or do we believe him when he says he had no idea that ChatGPT could just make things up?

    Should we have sympathy, empathy, or disdain for what he did. Joel, Shannon, and I will give you our opinions and insights, but then it's up to you to decide. What are the legitimate uses of AI in its current state? Is it an experiment? Is it really changing the course of history? Does it have a legitimate use on the open unfiltered market?

    Like I said, you decide. But get the facts first. That's what we're about to do. Stay with us.

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    31 mins
  • Hey, Charles Schwab! Is that really in your EULA??
    Jun 9 2023

    You can subscribe to have access to all episodes of "That's in my EULA??" on your favorite audio streaming platform, or go directly to the website at https://whatsinmyeula.com/. All free, all ungated.

    From Mark Miller:

    As I started looking at the Charles Schwab terms of agreemnt, I started thinking, "This is what I expected." This is a financial institution that has a whole different set of laws that have to be applied to what they're doing. What impressed me though, as I was looking at this is it was relatively clear what I was looking at. There was a lot of it but it was relatively clear what I was looking at.

    From lawyer Joel MacMull:

    And I think that's important because this is really intended to be consumer friendly, because effectively I think it has to be. We have all these disclaimers, for example, about margin calls and short selling and all of that, because they need to make these disclosures.

    One of the provisions in here talks about investment advice. This appears at Subsection 28. And these are the kind of, consumer friendly disclosures I think they have to make. It says "You agree and acknowledge", you being of course the account holder and these terms would apply upon creating a self-directed account under the Schwab brand. It says, "Unless we otherwise agree with you in writing, Schwab will act only as your broker dealer and not as an investment advisor. And your account will be a brokerage account and not an investment advisory account governed by the Investment Advisors Act of 1940."

    That's important because what they're saying is we're not an investment advisor. You're creating this account. It's gonna be entirely self-directed.

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    16 mins

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