Greetings --
Not necessarily. For Microsoft (or any other huge corporation) to
go after one or more individual consumers would, regardless of the
legal merits of the case, be a serious public relations "faux pas," to
state it mildly. The commercial backlash could be substantial. (Just
look at how much the RIAA has endeared itself to the public and the
media by suing children.) Besides, by implementing WPA, Microsoft has
pretty much done all it reasonably needs to do to enforce its license
terms. Granted, WPA doesn't deter the determined software pirate, but
neither do car and house door locks deter a determined burglar. On
the other hand, the casual piracy that's always been the result of
intellectual laziness (can't be bothered to read the EULA) or the fact
that there was no enforcement mechanism (sadly, all too many people
are honest only when there's a chance of being caught) has been
greatly reduced.
I think the most telling fact is that the Department of
Justice, and many states' Attorneys General, when trying to sue and
penalize Microsoft for alleged monopolistic practices, never once
raised the issue of a purportedly unfair or unenforceable licensing
practice. If all of those high-powered lawyers, all of whom were
strongly motivated politically to be seen as giant-slayers and get a
chunk of Microsoft change for their respective governments, couldn't
find anything objectionable in Microsoft's EULAs, I'm inclined to
believe that it's valid.
To my thinking, this clearly places the ball in the court of the
EULA-whiners. They claim that the EULA is nonsense and that they're
entitled to install the product on as many PCs as they like, but not
one of them has had the courage of his convictions and sued Microsoft
because the WPA is preventing their "fair use" of the product. To
date, as far as I know, they haven't even been able to produce a
single quote from any lawyer, much less one well-versed in copyright
law, to the affect that there's anything wrong with Microsoft's EULA.
Personally, I think it's long past time for them to "put up or shut
up."
Bruce Chambers
--
Help us help you:
You can have peace. Or you can have freedom. Don't ever count on
having both at once. -- RAH
purplehaz said:
Wouldn't MS have to initiate the case?
Snipped....