EULA roofie

"EULA roofie" describes the practice of hiding contentious terms within an End User License Agreement (EULA). The term applies to situations where such terms, if made clear upfront, might cause a customer to second-guess their purchase. The term was coined by consumer rights advocate Louis Rossmann^[source?].

This term higlights the unethical business practice of "manufacturing consent" for terms which a reasonable and informed customer might reject. It also emphasizes the erosion of informed consent through shaming and conformity.

By hiding contentious or unconscionable terms in dense legal documents, manufacturers exploit:

1. the consumer's lack of proficiency in understanding legal documents,
2. the impracticality of reading long documents in order to meet one's basic human needs.

The "EULA roofie" applies to individuals and corporations that utilize these practices to secure and manufacture consent under these false pretenses.

According to Rossmann, just as drugging someone ("roofying") to secure agreement is indefensible, so too is the act of concealing ethically or morally questionable terms in the fine print of a contract. The term "EULA roofie" attempts to draw a greater degree of societal scorn, scrutiny, and condemnation towards these actions, as they are seen at best as a minor legal nuisance rather than a disregard for informed consent and human rights.

Core Concept

The term "EULA roofie" describes three key deceptive practices:

1. Burying unattractive terms deep within an End User License Agreement (while avoiding mention of them in marketing materials and customer-facing interfaces).
2. Making the full terms impractical or impossible for the customer to meaningfully review.
3. Pointing to the End User License Agreement as a justification for unpopular practices.

Notable Examples

Sony PlayStation Store

Sony prominently displays "PURCHASE" buttons for digital content but buries a redefinition of the word "purchase" in Section 10.1 of their Terms of Service:

"Use of the terms 'own,' 'ownership', 'purchase,' 'sale,' 'sold,' 'sell,' 'rent' or 'buy'... does not mean or imply any transfer of ownership..."

This became an issue in 2023 when Sony and Discovery removed previously "purchased" content from users' libraries, citing terms hidden in their service agreement.

Placing disclaimers such as "We may take away and remove television and movies you bought & paid for at any time, because purchase doesn't mean purchase anymore" next to the "Add to cart" button would understandably negatively affect sales. Therefore, Sony buries this information on page 21 of their Terms of Service.

Smart Appliance Data Collection & Third-Party Data Sharing

LG ThinQ app terms of service from July 2024, for use of an LG smart washing machine

LG ThinQ app terms of service from July 2024, for use of an LG smart washing machine: part 2 of 3.

LG Electronics (among others) require users to accept extensive terms of service and privacy policies to use the "smart" features on home appliances, such as washing machines.

While the "smart" features may have time-saving benefits, the time required to actually read and decipher these documents (often 3+ hours, especially for non-tech-savvy users) negates any time-saving benefits of the smart features themselves. This makes meaningful informed consent impractical.

A consumer has to read the complete Privacy Policy (see attached images below) to learn that LG collects their personal data & shares it with their advertising partners. Futhermore, this Privacy Policy is only shown to the customer once they have bought the LG product.

Consumer Impact

The practice undermines informed consent in digital transactions by:

• Using lengthy documents (often 50+ pages) to hide terms that rob you of your privacy and rights as an American citizen (your day in court).
• Employing complex legal language to obscure the real meaning of agreements.
• Placing important information deep within documents where it is unlikely to be found.
• Presenting one meaning of terms (like "purchase") in the user interface while legally defining them differently in hidden terms.

Legal Context

While EULAs and Terms of Service are legally binding documents, the "EULA roofie" concept challenges their legitimacy by highlighting how they may violate principles of contract law such as:

• Meeting of the minds (mutual understanding between parties).
• Good faith dealing.
• Reasonable notice of terms.
• Unconscionability (terms so unfair they shock the conscience).

Consumer Protection Response

The concept has been used in advocacy for:

• Plain language requirements in consumer agreements.
• Prominent disclosure of significant terms.
• Reform of digital ownership rights.