On Tuesday 14 February 2006 11:34, Craig McLean wrote: >-----BEGIN PGP SIGNED MESSAGE----- >Hash: SHA1 > >Gene Heskett wrote: >> On Tuesday 14 February 2006 09:58, Claude Jones wrote: >>> On Tue February 14 2006 9:46 am, John Pierce wrote: >>>> Claude, if possible, you should document what this is doing and >>>> hang on to it. Could be useful by the DOJ. >>> >>> I doubt that. Microsoft is very careful about their disclaimers >>> regarding their beta software. If you install, it's your gamble, >>> not theirs... >> >> Those disclaimers are in the eula, right? When was the last time a >> click through eula that prevented one from breaking the seal, and >> which required the seal to be broken to see, was held up in court? >> >> I submit it wasn't unless the judge was a golfing buddy for someone >> at M$. > >Actually Gene, I believe the answer is a simple "Never". I don't > recall a EULA *ever* being tried sucessfully in court. Someone will > surely correct me if I'm wrong, though. > >Oh, and I Am Not A Lawyer. Neither am I Craig, but at 71, I'd like to think I've collected some common sense along the way. And I think, but can't place where I heard/read it, that a eula was actually judged as invalid and not applicable because there was no way have read the eula without breaking the seal. >C. >- -- >Craig McLean http://fukka.co.uk >craig@xxxxxxxxxxx Where the fun never starts > Powered by FreeBSD, and GIN! >-----BEGIN PGP SIGNATURE----- >Version: GnuPG v1.4.1 (GNU/Linux) > >iD8DBQFD8gaPMDDagS2VwJ4RAq9tAJ9218KDZurIqo+JupPwzKF1BGaKjACgtD8f >l/Uh6zDjeAgXCd7+KEolUUU= >=2T4k >-----END PGP SIGNATURE----- -- Cheers, Gene People having trouble with vz bouncing email to me should add the word 'online' between the 'verizon', and the dot which bypasses vz's stupid bounce rules. I do use spamassassin too. :-) Yahoo.com and AOL/TW attorneys please note, additions to the above message by Gene Heskett are: Copyright 2006 by Maurice Eugene Heskett, all rights reserved.