Re: My pc mother board has died - Install xp oem

kurttrail wrote:

No one, not me, not Carey, and not Microsoft can make a definitive
determination about this unless this issue comes up before a judge and
then judge makes a definitive determination. Until then, the OP needs
to do is read the EULA and the SBL, and come to a determination that
is best for them.

Microsoft can make a statement about how it intended its own agreement.
If that statement is contrary to what the EULA says, it would be the a
possible cause of action.

Without first knowing how Microsoft interprets its agreement, there's no
way to get to a judge.

In my personal life, I just do what I believe to be the right thing. If
I run into resistance, I start with a phone call or email, and I work my
way up to certified mail. I've never had the desire to sue anyone,
because most problems can be resolved without litigation if everyone
involved is reasonable.

<snipped>

Anyone here that spends any length of time here eventually sees that
Carey is full of it. I'd be willing to bet that most of his fellow
MVPs are embarrassed by him. I just wish they'd be more vocal about
admonishing him, especially over this issue, as I'm pretty positive
that most MVPs don't agree with this motherboard nonsense he
continually spews.

I'm not prepared to make a judgment yet about Carey, but I was very
unhappy with the hostile, sarcastic tone and lack of content in his
reply to my reply to CRaven.

I do know that I'm looking at a lot of sites that discuss this issue,
and he is not the only person who misunderstands the EULA. It appears to
me that his understanding does not derive from the EULA itself, but from
interpretations he has read elsewhere.

You've read the EULA, and have seen no mention of the motherboard at
all. Go read the SBL,
http://oem.microsoft.com/downloads/Public/sblicense/English_SB_License.pdf,
and you'll see that the only mention of the motherboard is that it is
only ONE of FIVE components that make up a "fully assembled computer
system," and that's it.

Oh, I read it. I think there's a big misunderstanding about the meaning
of the legalese.

I ran into a problem awhile ago with a client who died unexpectedly. It
was a large estate and there was potential for litigation. I was asked
to prepare a certification, as well as a file memo, and in it, I
mentioned how the client (who I spoke with often) would sometimes bemoan
her "incompetence." In context, she meant "I don't have a good
education, and sometimes I'm overwhelmed by all I have to manage." But
the word "incompetent" has a very specific legal meaning, and what she
meant is not how a lawyer or judge would interpret the word.

In the end, I revised the file memo, because it just had too much
problem-creating potential. Lawyers and judges do not speak standard
English, and if you try to interpret a term of art as the dictionary
defines it, you're hosed. I'm pretty sure Carey has done something
similar here.

No one needs to believe me. All they need to do is read for
themselves, and then come to their own determination. It really is
that simple.

I did both. I do believe you, but I also like to read. :)

rl
--
I've been through some awful worries, and
some of them actually happened. Mark Twain


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