Licensing

[kurttrail]

"By the act of scrolling this post on your computer, and/or printing or
replying to this post, you agree that I am your everlasting Lord &
Saviour. Breach of this term will result in you burning in hell for
ever and ever! Amen!"

No argument on the minor.

However, if you can't get past the EULA, in other words, you have to
agree or XP won't install, then it's moot and, under the conditions
you specify, it would then be up to the user to seek legal remedy in
order to bypass the EULA unless some other means were used. However,
for the sake of this discussion, I think it's important to stay
within legal boundaries, enforceable or not. In this case, I'm
talking about a technical boundary; hence, it would be up to the user
to seek legal remedy to bypass the boundary (the EULA). Under this
scenario, the burden doesn't fall to Microsoft unless the user seeks
legal remedy and even then, the user would have to prove it's
illegal.

Only if MS wants to legally enforce those terms in a court of law. If
MS doesn't, as they haven't in over a decade, then you wouldn't have to
prove anything at all.

By burden in this instance, I'm referring to the need of
Microsoft to defend against any such suit.

MS would be the plaintiff, if they ever got the balls to try to legally
enforce their usage term in a court, not the defendant.

Kurt, I'm not making a comment. I am watching the thread but I'm only
trying to correct misinformation without interfering in the debate.
The post to which I replied posed a question based on an assumption
that under normal circumstances and without use of any method to
bypass the EULA cannot be done, hence that point is moot.

Then technically all you have to do is press the "Agree" button.
Whether you agree with all the actual terms is yet another matter
altoghter. Most people's intent when they push the "Agree" button is
not to actually agree to anything, but to install the copy of very
expensive software that they paid for with their hard-earned money.

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei!"

 

[David]

Only for you, STUPID! I'm totally anonymous to you. You
don't even have enough probable cause to get a search
warrent, nevermind actually getting me before a judge!

So, You're another one of those idiots like Kurtail, that think it's not
illegal until I get caught. Just because you can get away with something,
don't make it right.

I have no intention of taking you before a a Judge. I don't even care if
you do pirate XP, or any other program. I don't care if you screw your
dog. It's not my business. This is merely a discussion on whether or not
violating the EULA is legal. It has no meaning. No of us are lawyers and
this isn't a Court of Law.

Geez, and you call me stupid.

--

David

Programmers write "Help Files" for a reason. use them.

"Due to Viewer dicretion...
Graphic violence is advised"

http://www.HeroicStories.com/
http://www.thisistrue.com/

 

[David]

http://www.itslegal.com/infonet/consumer/contracts.html#who

If a minor buys WinXP, he can't be held to the license.

His parents are.

Sounds like definitive evidence to me! It would be up to the Licenser
to prove it by the preponderance of the evidence exactly who did agree.

The owner of the PC. Whether or not they actually read the EULA. They
are responsable for what goes on thier computer.




--

David

Programmers write "Help Files" for a reason. use them.

"Due to Viewer dicretion...
Graphic violence is advised"

http://www.HeroicStories.com/
http://www.thisistrue.com/

 

[kurttrail]

"By the act of scrolling this post on your computer, and/or printing or
replying to this post, you agree that I am your everlasting Lord &
Saviour. Breach of this term will result in you burning in hell for
ever and ever! Amen!"

So, You're another one of those idiots like Kurtail, that think it's
not illegal until I get caught. Just because you can get away with
something, don't make it right.

Breaking contract terms is not illegal in and of itself. There are
legally valid reasons to break contract terms.

And you can't legally enforce an agreement in a court of law unless you
know who the other party is. And MS has no right to know who buys as
uses copies of MS software, unless your use is public and/or commercial.
If I pay cash, don't register it, and keep my use of it private, I have
every legal right to remain anonymous to MS, so they have no logical way
to legally enforce their so-called "license."

I have no intention of taking you before a a Judge. I don't even
care if you do pirate XP, or any other program. I don't care if you
screw your dog. It's not my business. This is merely a discussion on
whether or not violating the EULA is legal. It has no meaning. No of
us are lawyers and this isn't a Court of Law.

Geez, and you call me stupid.

Well, you are! Only a stupid person argues about stuff that "has no
meaning" to them.

It's a matter of logic, you can't legally enforce rules on someone that
has every legal right to remain anonymous to you, PERIOD!

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei!"

 

[kurttrail]

"By the act of scrolling this post on your computer, and/or printing or
replying to this post, you agree that I am your everlasting Lord &
Saviour. Breach of this term will result in you burning in hell for
ever and ever! Amen!"

His parents are.

Actually not. Go ask any laywer!

The owner of the PC. Whether or not they actually read the EULA.
They are responsable for what goes on thier computer.

Responsible to whom? Since private individuals have still have the
right to anonymously purchase and use copies of software, the only
responsibility they have is to themselves.

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei!"