The issue is whether you can, though an End User License Agreement, essentially tell a consumer that you will be installing software that will have an ADVERSE effect on consumers. Many spyware distributors have glommed on to the EULA tactic, and placed EULAs on the software or websites that say, essentially, "this software will install programs that may slow down your machine"" will send you ads" and "will read the contents of your communications." In those cases, the FTC has found these EULA's to be ineffective. Why is the MS EULA different?

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