[Full-Disclosure] FW: Windows 2000 Service Pack 3 now available.

From: Alan Rouse (full-disclosure@lists.netsys.com)
Date: 08/06/02 

From: full-disclosure@lists.netsys.com (Alan Rouse)
Date: Tue, 6 Aug 2002 09:44:01 -0400

Steve Szmitdt wrote:

> Sorry but this sounds plain stupid. How would you convince a judge
that
> you ran a program designed to remove the EULA, and now that it gone
you
> don't need to follow it!?

I think the rationale is, it's not an "agreement" if you didn't agree.
There is no pretense that you were unaware of the EULA. Just that you
never agreed to it.

Conditions presented after the sale are (or should be) unenforceable.
Especially things like MS has added to their EULA for W2K SP3. This is
clearly changing the conditions after the sale. The question is, do
they have a right to refuse to fix defects in an already-purchased
product unless you agree to new terms and conditions. Legally I'm not
sure, but ethically it is pretty clear. They are trying to bully their
customers. Typical monopolist behavior. And especially blatant, given
the current barrage of lawsuits against them on this subject.

Relevant Pages

  • Re: Shrink Wrap my EULA ?
    ... "Woody" wrote in message ... > AFTER you have made the sale of your product about as deceptive as you ... Yes this is the retail version but the general licensing terms are the ... As regards you pressing I agree to the EULA there is no of course about it. ...
    (microsoft.public.windowsxp.general)
  • Re: Local Store - Supermarket Goods
    ... And the retailer's conditions of sale that you accepted when you ... bought the Goods. ... If you can't read the EULA before unwrapping, then it has no force in ... Not that many retailers necessarily honour that :-( ...
    (uk.legal)
  • Re: OK --- a question of ethics
    ... >>> I agree, BTW, that the entire EULA situation is stacked against the ... >>interpretation of their legality different from the court decisions could ... > license generally provided with the sale of software. ...
    (alt.sys.pc-clone.dell)
  • Re: Multiple 60s For sale
    ... Blizzard can and does bann the ... "Most courts that have addressed the validity of the shrinkwrap license ... they can do whatever the EULA permits them to do. ... sale of goods under the Uniform Commercial Code at the point ...
    (alt.games.warcraft)
  • Re: Apple all but condoning software piracy
    ... Stew wrote: ... copy of Windows XP ... It's for sale! ... If you think you own something, it's hard to prove in a EULA. ...
    (comp.sys.mac.advocacy)
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