Re: Transfer XP Pro To New Computer

Daave wrote:
Alias wrote:
HeyBub wrote:
Alias wrote:
Colin Barnhorst wrote:
Read the End User License Agreement on your XP Pro retail cd and
you will find that you have the right to transfer the software to
another computer as long as you also remove it from the first
computer. It is all in the EULA.
The EULA is not law and would never stand up in court which is why
Microsh¡t hasn't sued anyone. Fuçk that, you can have one copy of XP
on two computers if you wait 120 days between installs, regardless
of whether it's OEM or not as long as it's a generic OEM.

Alias
EULA is not law, true. EULA is, however, a contract. Contracts are
upheld every day, by the thousands, in courts all over the land.

Then why hasn't MS taken one single user to court for violating the
EULA? Could it be that the EULA is unconscionable? Hitting F8 is not
signing a contract but doing what needs to be done to use what one has
paid for. I don't notice an MS rep coming over to my place to sign the
contract either.

I believe in this case, according to contract law, hitting F8 means that you *do* agree to the contract.

No, it means I want to use the software license I bought and I am forced to agree to something to use it.

No one is forcing you to do it. If you have a problem with the contract, you can refrain from hitting F8 and return the product for a refund (I would hope!).

No refund on shrink wrapped software if the software has been opened. Sneaky, isn't it? One could even call it "unconscionable".

As far as the EULA being "unconscionable,"

See above.

I'm not sure that would stand up in a court of law (unless perhaps it could be proved that the language is intentionally confusing, but I am not an attorney -- perhaps someone with a legal background in contract law can chime in). Microsoft would be foolish to pursue those who use OEM licenses incorrectly, looking at this from a cost/benefit ratio.

They look at as a possibility that their EULA will be unconscionable and therefore haven't taken anyone to court to set precedent. It has nothing to do with cost/benefit other than MS knows it would lose.

Alias
.

Relevant Pages
Loading