If you use any computer software (you are using some right now), you have agreed to the Terms of Use, also called the End-User License Agreement (EULA). You have probably seen one of these. You go to install software for the first time and the agreement will appear or a link for you to read it. It’s often pages and pages of legalese. Instead of reading it, you just clicked “Accept” – which legally is the same as putting your signature to it. Have no fear, you are not alone. Almost no one reads the TOU/EULA. Even if you did read it, it’s usually written by lawyers and much of the language is not understandable by most non-lawyers.

I mention this today because there was a news report this morning that IBM has been gathering user information through their Weather Channel app. The city of Los Angeles is suing them. Their response? “The Weather Company has always been transparent with use of location data,” said Saswato Das, an IBM spokesperson. “The disclosures are fully appropriate, and we will defend them vigorously.” Basically, IBM is saying they told us ahead of time in the EULA.

I don’t know how the case will play out in court but I do know that the lawyers advice “Never sign anything without reading it.” should apply to computer software but almost never does. Our choice is accept the agreement or don’t use the software. It’s a catch-22.