Re: Two ways Microsoft sabotages Linux desktop adoption ( warning: long rant follows)

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On Tuesday 14 February 2006 11:34, Craig McLean wrote:
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>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
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-- 
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.


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