Re: Microsoft finally acknowledges the security drumbeats

• Previous message: whoever: "Re: Information Security Policies Made Easy-reviews?"
• In reply to: Marty Fouts: "Re: Microsoft finally acknowledges the security drumbeats"
• Next in thread: Philip J. Koenig: "Re: Microsoft finally acknowledges the security drumbeats"
• Messages sorted by: [ date ] [ thread ] [ subject ] [ author ] [ attachment ]

From: "Dave Korn" <no.spam@my.mailbox.invalid>
Date: Tue, 12 Feb 2002 17:13:10 -0000

"Marty Fouts" <usenet-user@usa.net> wrote in message
news:uy9i07x54.fsf@usa.net...
>
> Roger Marquis <not-for-mail@roble.com> writes:
>
> > In comp.security.unix Alun Jones <alun@texis.com> wrote:
> > >In article <QyC98.18837$TI3.179329@typhoon.sonic.net>, Roger Marquis
> > ><not-for-mail@roble.com> wrote:
>
> > >>Maybe an analogy will help: Does your mortgage or lease grant the
> > >>bank or landlord the right to access your property, look in your
> > >>rooms, even open your drawers and cabinets "at will"?
> > >
> > >Does it help if I note that the local city council can nay-say any
> > >alterations I care to make to my house, they can inspect them for
> > >safety, and in some
> >
> > Can the city walk in to your house to do inspections at any time
> > without your permission? Can they remove and replace alterations
> > that don't meet code? If not your analogy is flawed.
>
> The base analogy was flawed. One doesn't buy most software, one buys
> the right to use it. This is more like renting a house than like
> owning one, and yes, in most jurisdictions in the US, the landlord can
> do all of the things you're asking.
>
> [snip]
>

  That is a FAR from settled issue. I would personally dispute the notion
that a piece of plastic wrapping material can be an authorised and deputed
agent of the Microsoft corporation, with the legal authority to enter into
and engage people in binding contracts.

  Just in case it should turn out that shrink-wrap licensing is a valid
technique for binding the consumer to contractual terms over and above those
implicit in a mere sales transaction, I exercise the following precaution:
whenever faced by an item of packaging that claims I will be bound by
certain terms and conditions should I open it: I attempt to negotiate a
variation of the terms and conditions with that piece of packaging.

  Specifically, I state that by opening when I tear, it must agree to the
following variations, modifications and restrictions of the EULA license
agreement:...... details omitted here, but you can imagine. If an inanimate
object can bind me to a contract, then I can damn well negotiate with it.

         DaveK

--
moderator of
alt.talk.rec.soc.biz.news.comp.humanities.meow.misc.moderated.meow
Burn your ID card!  http://www.optional-identity.org.uk/
Help support the campaign, copy this into your .sig!
Proud Member of the Exclusive "I have been plonked by Davee because he
thinks I'm interesting" List Member #<insert number here>
Master of Many Meowing Minions
Holder of the exhalted PF Chang's Crab Wonton Award for kook spankage above
and beyond the call of hilarity.

• Next message: Dimitri Maziuk: "Re: Microsoft finally acknowledges the security drumbeats"
• Previous message: whoever: "Re: Information Security Policies Made Easy-reviews?"
• In reply to: Marty Fouts: "Re: Microsoft finally acknowledges the security drumbeats"
• Next in thread: Philip J. Koenig: "Re: Microsoft finally acknowledges the security drumbeats"
• Messages sorted by: [ date ] [ thread ] [ subject ] [ author ] [ attachment ]