Gene Heskett wrote:
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.
I believe that the "shrink wrap" license was found not to have
contractural validity, because one couldn't agree to terms which
one was prohibited from seeing until after agreeing. Modern EULAs
generally are displayed in the installer. They also have some
problems, because a mouse click or key press does not identify who
made it, and I suspect that they would also not have the force of
contract. For example, minors are not capable of making contracts,
because they can only give simple consent, not informed consent.
How can the software know that the person who pushed the button
has majority?
Mike
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