Understanding EULA terms, will they permit me to copy voicemail?

[jtjumper]

What is the name of your state (only U.S. law)? Michigan

I have a Gusto 3 cell phone. It has a pretty strict EULA, but I've been wanting to record some voicemails on my phone onto my computer by putting the phone on speaker.
Would that violate the phone's eula? I looked on page 149 (155) of the manual. Does "associated media" include voicemail?
A link to the manual:
https://ss7.vzw.com/is/content/VerizonWireless/assets/userguides/samsung/basic-samsung-gusto3-ug.pdf

 

[adjusterjack]

The phrase "associated media" appears in the first paragraph of the EULA.

But where in the EULA do you think it prevents you from transferring your voice mails to your computer?

I don't see it.

 

[jtjumper]

The phrase "associated media" appears in the first paragraph of the EULA.

But where in the EULA do you think it prevents you from transferring your voice mails to your computer?

I don't see it.

"associated media" falls under the definition of software in the EULA. Could voice mails be considered "associated media"?

 

[adjusterjack]

"associated media" falls under the definition of software in the EULA. Could voice mails be considered "associated media"?

I suppose so.

But there is nothing in the EULA limiting your use of your voice mail or prohibiting you from transferring it to your computer.

Go ahead and do it and stop stressing over it.

 

[quincy]

What is the name of your state (only U.S. law)? Michigan

... I've been wanting to record some voicemails on my phone onto my computer by putting the phone on speaker ...

Following is a link to Michigan's recording laws. Start at MCL 750.539 and use the arrows on the left to navigate through the section.

Although "a participant in a private conversation may record it without 'eavesdropping' because the conversation is not the discourse of others" (see Sullivan v. Gray, 117 Mich App 476, 481, 324 NW 2d 58, 1982, and Lewis v. LeGrow, 258 Mich App 175, 185, 670 NW 2d 675, 2003), if you record another's private conversation without that other party's knowledge or consent, that IS eavesdropping in Michigan, which can give rise to both criminal charges and a civil action.

http://www.legislature.mi.gov/(S(coymvyjnvqupk0gpwfs5tcum))/mileg.aspx?page=getobject&objectname=mcl-750-539

I worry about what conversations besides your own you might capture on speaker - and I worry about what your intentions are in transferring these conversations to your computer.

 

[jtjumper]

Following is a link to Michigan's recording laws. Start at MCL 750.539 and use the arrows on the left to navigate through the section.

Although "a participant in a private conversation may record it without 'eavesdropping' because the conversation is not the discourse of others" (see Sullivan v. Gray, 117 Mich App 476, 481, 324 NW 2d 58, 1982, and Lewis v. LeGrow, 258 Mich App 175, 185, 670 NW 2d 675, 2003), if you record another's private conversation without that other party's knowledge or consent, that IS eavesdropping in Michigan, which can give rise to both criminal charges and a civil action.

http://www.legislature.mi.gov/(S(coymvyjnvqupk0gpwfs5tcum))/mileg.aspx?page=getobject&objectname=mcl-750-539

I worry about what conversations besides your own you might capture on speaker - and I worry about what your intentions are in transferring these conversations to your computer.

The person is my recently deceased mother, who was telling me she loved me and other things. After she passed, I played the messages for my sister, too. Did that violate any laws?

 

[Zigner]

You are way overthinking this. Save your mom's messages on your computer.

 

[quincy]

The person is my recently deceased mother, who was telling me she loved me and other things. After she passed, I played the messages for my sister, too. Did that violate any laws?

The law hasn't changed.

With the circumstances you describe, it appears you do not have to worry about civil or criminal actions arising from recording the conversations - unless you publish the recordings, the recordings have captured others speaking in the background, and those recorded without consent object to the recordings. This seems unlikely.

If you only want to preserve the messages from your mother so you can play them for yourself (or your sister), there seems to be little to worry about.

I agree with Zigner that you might be overthinking this, but it is always better to overthink than to under-think when it comes to the law. It will be the under-thinkers who get sued.

I am sorry about the loss of your mother.

 

[jtjumper]

The law hasn't changed.

With the circumstances you describe, it appears you do not have to worry about civil or criminal actions arising from recording the conversations - unless you publish the recordings, the recordings have captured others speaking in the background, and those recorded without consent object to the recordings. This seems unlikely.

If you only want to preserve the messages from your mother so you can play them for yourself (or your sister), there seems to be little to worry about.

I agree with Zigner that you might be overthinking this, but it is always better to overthink than to under-think when it comes to the law. It will be the under-thinkers who get sued.

I am sorry about the loss of your mother.

Would storing the recordings on Google drive count as publishing it?

 

[quincy]

Would storing the recordings on Google drive count as publishing it?

Google drive is simply a file storage. You can share these stored files, however, which can be publishing.

If you captured no one on your recordings other than yourself and your now-deceased mother, you really have nothing to worry about.