So, the Flash plugin for Safari is telling me that there is a new version available, Flash 11. When I download the software and launch the installer, the first screen, naturally, tells me to click to say that I’ve read the EULA, and provides a link to the EULA. At the moment, that link is http://www.adobe.com/products/eulas/#flash_player, which, as of this writing, looks like this:
You will see that there is no EULA listed for Flash Player 11. Googling it turns up some supplementary third-party licensing information, and a license for the beta version, but no EULA for the release of version 11.
I think I can state with a fair degree of confidence that anyone who has installed version 11 has not read the EULA, although they have said that they have. I’m not sure what the legal position on that is. I’m even more interested in whether the courts will be ready to assume that someone has read and understood an EULA that Adobe appears not to have published. Personally, I’m not going to lie on the installer, so until the EULA for Flash 11 is available somewhere online, I’ll be running with an earlier version of the plugin.
The bizarre thing is that the plugin has been out for a week or so, and nobody seems to have mentioned this online. I would have expected someone, somewhere to have noticed. (The contact form on the Adobe web site doesn’t include an option for “you have forgotten to publish your license.”) Maybe it is somewhere obvious, and I’m just being particularly blind. Actually, that seems the most likely option (I mean, there are people on the net who are really, really anal about licensing). But really, I can’t see it. Of course, I do expect it to appear in the near future… So, feel free to point out where I’m missing it.
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