Thursday, April 5, 2018

Yahoo & Nukes

This is the first in a series of tech licenses and terms that involve moral clauses.

Back in 2013, the Yahoo! Desktop Search Software License Agreement contained a fun clause in Section 4, Licensed Uses and Restrictions. While it's explicitly there for liability reasons, it certainly also has the undertones of an ethical question.
[You May Not:]
(v) use the Yahoo! Software to operate nuclear facilities, life support or other mission critical application where human life or property may be at stake and understand that the Yahoo! Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Yahoo! is not responsible.
While Yahoo no longer has a desktop search and has since unified its licensing, these terms no longer exist.


However, the Yahoo TOS (archived version) currently do still include a similar clause in section 8, Special Admonitions for International Use and Export and Import Compliance.

In particular, you represent and warrant that you... (c) will not use the Yahoo Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws;
While this clause is, of course, relevant to US sanction and export control, it forms an interesting example of the type of language that might be relevant in other clauses. Here's the full excerpt, for reference,

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Yahoo Services and transfer, posting and uploading of software, technology, and other technical data via the Yahoo Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations (see http://www.access.gpo.gov/bis/ear/ear_data.html) and sanctions control programs of the United States (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists (see http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Yahoo Services to export-prohibited parties or countries; (c) will not use the Yahoo Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the Yahoo Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

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