Re: evesdropping a computer how is it possible, how can it be prevented ?

On 16 Dec 2006, in the Usenet newsgroup comp.security.misc, in article
<em087h$oso$1@xxxxxxxxxxxxxxxxxxxxxx>, Unruh wrote:
ibuprofin@xxxxxxxxxxxxxxxxxxxxxx (Moe Trin) writes:

Well, we both know that such a legal condition would be thrown out of any
court because I would not be able to see this condition until I had read
this far - but the obvious solution for me is to stop reading the post
and return it for a refund.

Sorry, you read it, you keep it. No refunds.

Yeah, my news provider already said they wouldn't refund the delivery
charge. But as you are in Canada, and I'm not - what court are you going
to try to enforce your demand?

Note that you do not have a chance to read most End User Agreements either
without opening the package

which renders them unenforceable in a number of countries - shrink wrapped
licenses would be a good term to google for. FOR EXAMPLE:

In the only case in Canada which has considered the question concluded
that software license terms printed inside a user's manual were not
enforceable, because the customer was not aware of the license terms
at the time the software was purchased. The court in the North
American Systemshops Ltd. v. King case held that there must be a clear
indication of the license terms on the outside of the package for the
shrink wrap license to be enforceable. The license terms are
effective only if they are brought to customer's attention before the
transaction occurs. It is not necessary for the customer to be aware
of all of the license terms before the purchase -- only that the
software is subject to a license. However, the customer must be given
a real opportunity to accept or reject the terms (for example, to
return software for full refund).

If a shrink wrap license is found to be unenforceable, the purchaser
is not subject to any restrictions on the use or transfer of the
software (other than limits on copying imposed by copyright law).
Therefore, it is important that software developers and publishers
carefully review the terms of their license agreements and ensure that
customers are made aware of the limitations imposed by the license.

It is also important to note that Canadian law may differ
significantly from United States law in this area. Therefore, software
developers and publishers should ensure that they obtain specific
advise for each country where they distribute their products.

Note: Similar considerations apply to "click wrap" licenses currently
being used with many on-line products and services.

Source: http://www.dww.com/faqs/it.htm See also
http://www.ulcc.ca/en/cls/index.cfm?sec=4!(C=4i

( and again the stores almost always impose a "no refund" policy on opened
software-- ie you are supposedly bound by terms you could not have known
about and cannot get a refund when you find out about them).

which is why they've been overturned. Some retailers have been toasted
about not honoring the microsoft 'return it to your retailer for a full
refund' clause, and are instead demanding return of the computer as well
(sometimes, less a re-stocking fee). At work, we have enough purchasing
clout that that our vendors know we don't want windoze and will not pay
for it. The average consumer lacks that clout even if they are aware
of the choice.

Old guy
.

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