Re: Activate Windows XP Pro on Entirely New System

Tech-Archive recommends: Repair Windows Errors & Optimize Windows Performance

From: Bruce Chambers (bchambers_at_nospamcableone.net)
Date: 04/16/04 

Date: Fri, 16 Apr 2004 12:15:29 -0600

Greetings --

    At least one U.S. Federal judge has ruled that "shrink-wrapped"
EULAs, of which WinXP's is an example, _are_ enforceable, unless it
can be demonstrated that their terms violate some other specific law,
or unless their terms are "unconscionable."

 Circuit Judge EASTERBROOK for the United States Court of Appeals For
the Seventh Circuit wrote:

"Shrinkwrap licenses are enforceable unless their terms are
objectionable on grounds applicable to contracts in general (for
example, if they violate a rule of positive law, or if they are
unconscionable)." -
http://www.law.emory.edu/7circuit/june96/96-1139.html

    The decision also includes this pertinent snippet:

 " Following the district court, we treat the licenses as ordinary
contracts accompanying the sale of products, and therefore as governed
by the common law of contracts and the Uniform Commercial Code. "

Bruce Chambers 

--
Help us help you:
http://dts-l.org/goodpost.htm
http://www.catb.org/~esr/faqs/smart-questions.html
You can have peace.  Or you can have freedom.  Don't ever count on 
having both at once. -- RAH
"Tom" <noway@nothere.com> wrote in message 
news:%23KCkT97IEHA.3964@TK2MSFTNGP10.phx.gbl...
"Bruce Chambers" <bchambers@nospamcableone.net> wrote in message 
news:107vqlqlh5t7q35@corp.supernews.com...
>   An OEM license, once installed, is not legally
> transferable to another computer under _any_ circumstances.
Please show/provide a written law, whether it be municipal, county, 
state, or federal that has an actual "legal" bearing on this. There is 
none, and there is no law saying that said piece of software cannot be 
transferred legally. Now, it may be a infringment on the EULA that one 
agrres to, and a civil suit can be filed, however extremely unlikely. 
I do strongly feel that if one agrees to it, then they should 
consciously adhere to it.
Now telling others that they are "legally" bound, is (however 
unintentional) untrue!

Relevant Pages

  • Re: sf not worth stealing?
    ... that, if something approximating contract law were not in place, most ... Surely you mean "copyright law" as any sort of license agreement is ... effect as shrink-wrap EULAs do for software. ...
    (rec.arts.sf.written)
  • Re: Activation re: XP Home
    ... can be demonstrated that their terms violate some other specific law, ... contracts accompanying the sale of products, ... >>'m interested in the EULA and whether all of its provisions are ...
    (microsoft.public.windowsxp.general)
  • Re: Oem cd clarification requested
    ... > agreements to a court of law before releasing the agreements to the parties ... If that were actually the case, the courts ... of US patent laws and Microsoft's OS EULAs to their citizens, ...
    (microsoft.public.windowsxp.general)
  • Re: Microsoft finally acknowledges the security drumbeats
    ... particular provision of the Louisiana Software License Enforcement Act ... was preempted by copyright law. ... > Courts have ruled that EULAs are enforcable parts of contracts. ...
    (comp.security.misc)
  • Re: Microsoft finally acknowledges the security drumbeats
    ... particular provision of the Louisiana Software License Enforcement Act ... was preempted by copyright law. ... > Courts have ruled that EULAs are enforcable parts of contracts. ...
    (comp.security.unix)