Unless it is found to be unconscionable.
OK, I'll get more specific for you. MS has never even bothered to try
to take an end user to court for a piracy violation of the EULA.
Therefore the best proof I can offer is that it has never happened.
There is no precedent set to back up your assertion.
Presumed innocent until proven guilty, based on a preponderance of the
evidence in a court. Presumed innocent means being innocent of all
charge(s) or crime(s) that is being brought before the court _until_ a
final judgment is rendered by the court. It may well be your personal
opinion that a crime has been committed, but it is not concrete until
the trial is over and the decision made. You are putting the cart
before the horse here Bruce.
http://www.lectlaw.com/def/i047.htm
"INNOCENCE, PRESUMPTION OF - The indictment or formal charge against any
person is not evidence of guilt. Indeed, the person is presumed by the
law to be innocent. The law does not require a person to prove his
innocence or produce any evidence at all. The Government has the burden
of proving a person guilty beyond a reasonable doubt, and if it fails to
do so the person is (so far as the law is concerned) not guilty."
To quote you, *""Fair Use," as defined by copyright law"*...
How does ""Fair Use," as defined by *copyright law*" have nothing to do
with this conversation since you brought copyright into this
conversation? If I'm talking about fair use and you are talking about
""Fair Use," as defined by copyright law"...?
--
Priceless quotes in m.p.w.vista.general group:
http://protectfreedom.tripod.com/kick.html
Most recent idiotic quote added to KICK (Klassic Idiotic Caption Kooks):
"It would be nice if there was a check to see if you were running an
activated/validated version of Windows before you were allowed to post
in any of these news groups. If you're not activated/validated your post
automatically gets deleted.
That would get rid of the Linsux Luzzzzzzzzers once and for all."
"Good poets borrow; great poets steal."
- T. S. Eliot