Changed EULA, Roxio Responds
Roxio Software's recently released Toast Titanium 5.1.4 is disallowing some users to finish burning CDs and includes an updated EULA (end-user license agreement) with some controversial terms.
Jim Mueller reports that his installation Toast 5.1.4 frequently quits, or hangs the system in the last few seconds of the CD burning process under Mac OS X 10.1.5. He received the following reply from Roxio:
"Right now this appears to be an issue with Toast 5.1.4 that we are looking into. We hope to get more information about this posted to the website in one to two weeks."
Dave Middleton adds:
" I recently upgraded from Toast 5.1.3 to Toast 5.1.4. Afterwards, the first CD I attempted to copy (and about 10 after that) wrote nearly to the end before hanging (the display continued to read 1 second remaining). I hit abort, and that hung as well. Interestingly, the aborted CDs played fine in my CD player."
Several readers wrote in to denounce Toast's new EULA, which includes a section demanding agreement to Roxio's ability to download onto users' computers "Security Updates" that content providers (including record labels) have requested be distributed. An excerpt from the updated agreement:
"Content providers are using the digital rights management technology contained in this Software to protect the integrity of their content so that their intellectual property, including copyright, in such content is not misappropriated. Owners of such Secure Content may, from time to time, request Roxio or its suppliers to provide security related updates to the digital rights management components of the Software that may affect your ability to copy, display and/or play Secure Content through the Software or other applications that utilize the Software."
Essentially, Roxio is granting itself permission to incorporate functionality in Toast that bars users from successfully copying music and other content that is protected by newly introduced "secure content" anti-piracy measures.
UPDATE: We've received commentary from Adam F., Toast's Product Manager, regarding the updated EULA:
"I wanted to set the facts straight with respect to the "Restrictions" section in the end user license agreement (EULA) that is displayed at installation of Toast 5.1.4 and Jam 5.0.1 (both the latest versions of our software).
1) Toast and Jam do not include any digital rights management (DRM) software.
2) Toast and Jam do not dynamically download, upload or update any software on your system, either automatically behind the scenes, or upon your request.
3) Toast and Jam do not store, collect or transmit any personally identifiable information about you or what you record, for any of its partners, or any content provider.
Toast and Jam use the same EULA that Roxio's PC burning product, Easy CD Creator, uses. Easy CD Creator leverages aspects of Windows Media Technology, which does include DRM components. Hence, the language in the EULA. Many software companies frequently share EULAs across products since it saves time and money with respect to legal, documentation and translation into multiple languages."