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Outrageous EULA challenged

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The State of New York has filed suit against Network Associates over outrageous EULA terms forbidding users and journalists to speak ill of the company's security and anti-virus product, Reuters reports.

NAI has the nerve to require the company's consent before anyone can publish reviews of its products or disclose to any third party the results of benchmarks comparing NAI products against the competition, the wire service says.

According to the suit, the odious clause is "unenforceable, illegal and deceptive." Not to mention arrogant, despicable and shamefully cowardly.

For its part NAI claims never to have enforced the shrink-wrap contract, though Reuters cites an instance where they at least tried, ordering Network World magazine to "retract a July 1999 review of its Gauntlet firewall product."

"John Gallant, president and editorial director of Network World, said Network Associates mentioned in an e-mail that the review violated the license agreement clause, but primarily had complaints about facts in the review. The magazine did not change its article."

The suit is seeking $2000 in court costs and 50 cents for each instance of the appearance of the illegal clause, which could add up to a hefty sum.

We hope. ®

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