Date: April 10, 2023Attorney: Joel G. MacMull

Join hosts Mark Miller and Joel MacMull, Partner at Mandelbaum Barrett, in their thrilling exploration of the mysterious and fascinating world of end user license agreements (EULAs). In this podcast, they will reveal the hidden clauses lurking in the EULAs of popular apps like TikTok, YouTube, and credit reporting agencies, shedding light on the obscure terms and conditions that often go unnoticed by users. Get ready for a deep dive into the legal language of EULAs, and discover the strange and interesting clauses that may be affecting your digital life

Episode 1: AI and Chat Engines

In this episode of the podcast on End-User License Agreements (EULAs), hosts Mark Miller and Joel MacMull, Partner at Mandelbaum Barrett, dive into the legal implications of using artificial intelligence engines such as ChatGPT. They discuss the quality control issues and potential legal liability for output from these engines. The hosts highlight the importance of accuracy and fact-checking, especially in professional and scholastic environments. Joel also discusses the need for best practices when using ChatGPT as a starting point for research and investigation, emphasizing the burden of professionals to ensure the correctness of the data they rely on. Additionally, the hosts touch on contractual risks, including confidentiality concerns and potential HIPAA violations. Tune in to discover the legal considerations users should keep in mind when using AI engines like ChatGPT.

Episode 2: Tiktok

In this episode, Joel MacMull takes a deep dive into the TikTok terms of service, and what he finds is truly eye-opening. With all the current debates and discussions around deplatforming and free speech, understanding the terms and conditions of these platforms is more important than ever.

Joel’s analysis uncovers some shocking insights, including how one-sided and draconian the terms can be, how they contradict the way the platform actually works, and even how some provisions may not be enforceable at all.

But that’s not all! Joel and Mark also explore the implications of these terms for users, and discuss what this means for the future of social media and free speech.

So, if you’re a TikTok user, or just someone who wants to be more informed about the terms and conditions of social media platforms, be sure to tune in to “That’s in my EULA??” and discover what’s really in your EULA!

Episode 3: Youtube

Mark Miller and Joel MacMull discuss the difficulties of finding YouTube’s terms and conditions due to the overwhelming amount of hyperlinks and external links. They note that it took a while to locate the terms and conditions, which are hidden at the bottom of the page and difficult to access. They also discuss the problems with the open-source licenses that YouTube uses and the lack of transparency regarding what open-source components the platform uses. Finally, they mention that the government is now mandating a software bill of materials to address these issues.