MS EULA not worth paper it's printed on?

[samwichse]

I was just doing a little reading, and a fellow posted (at slashdot about 1/3 of the way down the page) that MS's EULA is completely non-applicable, and rather than try to rehash his (excellent) argument, I'll just quote it here:

The EULA states (usually) that if you don't agree with the terms of the license, to return the software to the retailer. But the EULA isn't binding on the retailer, so they aren't obligated to take it back if it's opened.

This is exactly why a EULA is not enforcable, actually. You buy the software at a retailer, and you are the "owner" at that point. You have created a valid contract of sale by giving cash for goods. The standard argument for EULA enforcability is that the EULA is part of the contract of sale, but that is untenable because the software maker (in this case Microsoft) is not a party to that contract and cannot retroactively modify it. Thus to be enforcable, the EULA must stand on its own. But 17 USC 117 gives the "owner" the right to install software on "a" machine. Thus the EULA gives the owner nothing that he didn't have as a result of "first sale", and the EULA fails to be an enforcable contract due to lack of "consideration".

The world seems to be unaware that when you own a copy of software, you DO NOT NEED A LICENCE TO INSTALL IT ON A SINGLE COMPUTER. This is the black letter law. 17 USC 117

Now, as far as I can tell, that's pretty airtight.

What do you all think?

Sam

[cracked]

sounds good to me

drew

[Aaron_J]

I have been preaching that message for a long time.

[Bob The Great]

so basicly it means what? That the EULA is not valid and so you can do whatever you want with windows?

[Cyclone2]

http://news.com.com/2100-1001-983988.html?tag=cd_mh is reguarding a lawsuit that says most EULA's are invalid

[Skywalker[TSG]]

Does anyone actually read the EULA ?

[JacobM5727]

no, but other people do, and find things like this, so i just nod and smile

[cowboybooter]

I read an M$ EULA once,

Nowadays, I smile and answer yes, ( of course, because 'there there' is not an option),





CBB

[Richard Cranium]

There have been many very heated arguments both here and at other forums regarding the enforcabality of the EULA.

Even MicroSoft contradicts themselves regarding specifics, for example the ability to copy the software for archival purposes.
On their anti-piracy page they state this is not permitted [W98] on many other MS pages they state is IS ALLOWABLE ?????

Per ms:

For each validly licensed copy of Windows 98, you also may reproduce one additional copy of the OS Components solely for archival purposes or reinstallation of the OS Components

On

another good link
Sec. 117. - Limitations on exclusive rights: Computer programs

and


"You acknowledge and agree that Microsoft may automatically check the version of the Product and/or its components that you are utilizing and may provide upgrades or fixes to the Product that will be automatically downloaded to your Workstation Computer."

Check the fine print




WHAT ?

Comon MS, get it together.

I suggest or rather say that I treat the softwares as any other purchased good, if I get tired of it, I remove it completely from any machine and sell it..

[Richard Cranium]

Things they DON'T tell you in the XP Home<<-[AFAIK] EULA

http://www.computergripes.com/WindowsXP.html

Here's a favorite gripe that I picked out of the lengthly list->>

" What they don't tell you about product activation
I recently spoke to a telephone representative -- a woman who authorizes the telephone activations for Office XP. She revealed the following information, which is not in any of Microsoft's FAQs, and is not included in the EULA:

They will authorize a maximum of three activations in the first 30 days that you own the product.
They will authorize a maximum of eight activations for a product.
If you reach the eight-activation limit, you will be required to purchase another license if you wish to continue using the product.
Note: Others have reported that they've been told that a total of eleven activations will be allowed. The numbers seem to vary, depending on whom you speak with."