Re: ok, let's clear this up MS - is Product Activation really restricted?

On 5/30/05 11:38:22, Bruce Chambers wrote:

> The EULA in no way interferes with "fair use," as it is defined by law.

I'm not so sure at all about the value of a EULA. I never had one that was
signed both by me and the seller before the purchase. EULAs are something
like unilateral suggestions for contracts. I can have my own suggestion for
a contract, and claim that by selling me software, the seller accepted my
version... The same way you can say that I don't have to buy the software
if I don't like their suggestions for the licensing terms I can say that
they don't have to sell me software if they don't like my suggestions for
the licensing terms.

Just because seller's EULAs are so much more common than buyer's LAs
doesn't make this any different. By the time the EULA comes into play, the
purchase has already been completed, in most cases. Which makes the
seller's EULA not much more valid than my buyer's LA.

That may not be exactly where the current interpretation of the law stands,
but that again is a different issue. Law and its interpretation is always
changing, and sometimes it is quite a few steps behind.

Gerhard
.

Relevant Pages

  • Re: ok, lets clear this up MS - is Product Activation really restricted?
    ... There is no clause in the EULA which states that one who ... "fair use" rights are abridged. ... Such a contract would be ... the EULA disagrees with the law (established plainly by the U.S. ...
    (microsoft.public.windowsxp.general)
  • Re: Finally justice !!!
    ... Inspite of EULA and TOS agreement - installing spyware - this is ... This is proof Blizzard violate the law - ... I DIDN"T AGREE to let blizzard to spy on EVERYTHING on my computer. ... OK to check on matters regarding playing wow (and game remaining ...
    (alt.games.warcraft)
  • Re: Licensing: two instances of Windows XP on one machine?
    ... The EULA is like the law, it can't always be applied literally and with ... absolutism, it must be sprinkled with sound judgment and common sense, ... because neither the EULA or law can anticipate ALL cases and circumstances. ... > It's obvious you have no regard for licensing ...
    (microsoft.public.windowsxp.setup_deployment)
  • Re: Apple responds to Microsoft TV Spots
    ... The one where you violate the EULA with Apple. ... A EULA is a form of Copyright law. ... Do you think that a license can't be ...
    (comp.sys.mac.advocacy)
  • Re: second-hand windows-xp from EBAY , LEGAL?
    ... "Legal," as it has been used in these discussions, means -- "conforming to or permitted by law or established rules." ... Since it is the question of the legality of a sale that is generating the discussion in this thread, mention in replies has been made of the eula, and then of copyright and contract law. ... But it is a contract into which the licensee freely entered, and by whose terms said licensee agreed to abide. ...
    (microsoft.public.windowsxp.general)
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