Re: Have licences, where can I get XP media/files

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Daave wrote:
"M.I.5¾" <no.one@xxxxxxxxxxxxxxxxxxxxxx> wrote in message news:49475d04$1_1@xxxxxxxxxxxxxxxxxxxxxxxxx
"Alias" <iamaliasTAKE@xxxxxxxxxxxxxxxx> wrote in message news:gi5jkq$kmv$2@xxxxxxxxxxxxxxxxxxxxxx
Yeah, the Catch 22 of shrink wrapped software where you don't get to see the EULA until after you've opened the package and an opened package -- per the vendor -- gets no refund.

There is no catch 22 at all. The European courts have actually ruled on that point (and only reinforced what UK contract law already said). The ruling was that any licence terms and conditions (EULA) that are not visible to the purchaser, or drawn to his attention, before the contract of sale is struck are not enforceable as they constitute an unlawful unilateral variation to the established contract. In spite of this Microsoft (and indeed other software vendors) continue to insist that installing the software and checking the box that agrees to the EULA as part of that process makes the EULA enforceable. This usually forms the main plank of their litigation that never makes it to court.

These are two separate issues. It is not Microsoft's position that once the shrinkwrap has been opened, that the EULA has been agreed to. The purchaser should be able to return the product for a full refund as long as it hasn't been used (i.e., installed using the unique product key). Now if there have been any documented cases of *this* occurrence (where the consumer is unable to return the product for a full refund), that would be a breach of the law in the consumer's favor. Can you point me to any documented instances of these situations? I would like to know if the individual vendors are wrongly unlitaterally refusing to conduct the return or if Microsoft is pulling strings in the background. If the latter is true, a class action suit would certainly be warranted.



The vendors don't care what the EULA says. If you open it, it's yours. This, I assume, is to prevent people from buying the software, copying it, and then going in for a refund.

Alias
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Relevant Pages

  • Re: Have licences, where can I get XP media/files
    ... see the EULA until after you've opened the package and an opened ... per the vendor -- gets no refund. ... The ruling was that any licence terms and conditions (EULA) that are ... to know if the individual vendors are wrongly unlitaterally refusing to ...
    (microsoft.public.windowsxp.general)
  • Re: Have licences, where can I get XP media/files
    ... to see the EULA until after you've opened the package and an opened package -- per the vendor -- gets no refund. ... The ruling was that any licence terms and conditions (EULA) that are not visible to the purchaser, or drawn to his attention, before the contract of sale is struck are not enforceable as they constitute an unlawful unilateral variation to the established contract. ... In spite of this Microsoft (and indeed other software vendors) continue to insist that installing the software and checking the box that agrees to the EULA as part of that process makes the EULA enforceable. ... The purchaser should be able to return the product for a full refund as long as it hasn't been used. ...
    (microsoft.public.windowsxp.general)
  • Re: Have licences, where can I get XP media/files
    ... to see the EULA until after you've opened the package and an opened ... per the vendor -- gets no refund. ... I would like to know if the individual vendors are ...
    (microsoft.public.windowsxp.general)
  • Re: Have licences, where can I get XP media/files
    ... see the EULA until after you've opened the package and an opened ... per the vendor -- gets no refund. ... The ruling was that any licence terms and conditions (EULA) that are ... the individual vendors are wrongly unlitaterally refusing to conduct the ...
    (microsoft.public.windowsxp.general)
  • Re: Have licences, where can I get XP media/files
    ... the EULA until after you've opened the package and an opened package -- ... per the vendor -- gets no refund. ...
    (microsoft.public.windowsxp.general)