Re: Oem cd clarification requested

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On Sat, 20 Aug 2005 16:43:32 -0500, "Carey Frisch [MVP]"
<cnfrisch@xxxxxxxxxxxxxxx> wrote:

> I am sure every business in the world submits their proposed licensing
> agreements to a court of law before releasing the agreements to the parties
> wishing to do business with them. If that were actually the case, the courts
> would be overwhelmed and commerce would come to a grinding halt.
> It would take years, not months, for this process. That is not realistic.
>
> I would hazardous to guess Microsoft's legal department takes great care
> to make sure their licensing agreements are fair and are in accordance with
> local laws and statutes.

Carey, when are you going to recognise that other nations than the US
exist on the face of the earth, who might have a DIFFERENT idea of
what constitutes "Fair Use Rights". Microsoft has ALREADY recognised
this, and included a clause in their EULAs which provides for the
interpretation of other law courts: "If Local Law does not allow for
such agreements, then Local Law applies over this EULA, rather than US
Patent Law." (My paraphrase. Not the exact words, but still the gist
of the clause.) I notice, however, that such a clause does NOT exist
in the XP OEM EULA. I am sure this is an oversight on Microsoft's
part, but if they really think they will ever get a judgment against
an end-user for failing to honor the OEM EULA in Europe, they are
sadly mistaken. They might get such a judgment from a US Court, but
no nation which correctly interprets the term "Fair Use" would ever
honor it.

Several European nations' Courts have ALREADY judged the applicability
of US patent laws and Microsoft's OS EULAs to their citizens, and have
decided that Microsoft's OS EULAs do not provide "Fair Use" rights to
their citizens, so have told their citizens that such Microsoft EULAs
will not be honored in their courts. Therefore, their citizens are
NOT BOUND by such one-sided agreements.

Donald L McDaniel
Please reply to the original thread
so that conversations may be kept in order
=======================================================
.

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