Nina DiBoy

Gene Fitz wrote:

Hi Gene.

> Again Donald,
>
> Not to sound combative, but Microsoft does have the right to liscense, their
> product as they see fit.

Unless the license infringes upon a consumer's fair use rights or is
unconscionable.

>
> I can sell pinecones. If I choose to charge $150.00 for them, I have all the
> right to price them at that rate. If I am, as Microsoft puts it, "Leasing"
> the pinecone to you at that price, I have the ability to lay out the terms of
> the lease. It is your choice whether to accept those terms and sign it, or
> not to accept it, don't sign it, and get your pine cone somewhere else.

What kind of choice do you have with a post shrink wrapped license?

> It isn't really much different than leasing a house. If you are leasing a
> house from me, and I tell you that you can only have one car in the driveway,
> or are not allowed to paint the walls or hang pictures, and write that down
> in the lease agreement, I have the right to do so.
> And as far as others being able to control your property, I see it no
> differently than what i have to deal with where I live, having deed
> restrictions. Yes, I own the house, yes, I own the land, but if I don't cut
> my grass, Someone cuts it and charges me for it. Or as the restrictions say,
> I can not have more than one car in the drive way for any length of time over
> 3 days, without moving them. It is my car, my house, my land, but I still
> have to abide by the deed restrictions, because that was part of the contract
> I signed when buying the land.

Bad comparison because houses are not sold or leased under a post shrink
wrapped license.

>
> Microsoft puts the EULA up in big print for you before set-up.

But not before you purchase your shrink wrapped retail or (some) generic
oem copies of software.

It is done
> that way because:
>
> 1. Before you check the "I Agree" box, you should have read the terms.
> 2. Once you click the "I Agree" box, you have signed and agreed to those
> terms.
>
> Can you take it to court? Well, this is America, you can take anyone to
> court over anything.
> But my honest opinion is that the judge will most likely say, "If you didn't
> like the terms of the contract, why did you sign it? Moreover, if you knew
> the terms of the Liscense Agreement before you bought it, you disagreed with
> it, why did you buy it?

You are not being informed of the license before you purchase the
software because the license is not on the outside of the box or package
where I can read it. Not everyone will know to go online for the
license before purchase.

>
> End User Liscense Agreement = If you choose to use use this liscense, you
> must agree to these terms. If not, you are not allowed to use it.
> Explaination in a nutshell.
>
> Now understand, I am not trying to be mean about this, but that is what the
> EULA is all about. They have the right to lay out their liscense agreement,
> and you have the right to accept it, and use it, or don't accept it and don't
> use it. Call it how you want, but that is the way it goes.
> Now I am no lawyer, but I do know that it is a Microsoft program, it is
> owned by the Microsoft coperation. There is no legal statement that I know of
> that can dictate how Microsoft liscenses their product.

They are not allowed to violate the consumers' fair use rights or civil
liberties with their license.

>
> And as far as the "If you don't like the Liscense agreement, don't buy the
> program" statement, Well, yes, that is what Microsoft is saying, and they
> have every right to say that. Are they that rich and powerful? Well, yes, but
> that is a different topic. They can be that arrogant, because they own the
> program. When you have the best hand at the table, you can afford to raise
> the stakes. If you lose a couple players, fine, but those who stay at the
> table will most likely make up forthe losses.
>
> But again, this isn't supposed to sound mean or combative, but you can look
> for a legal standing against this EULA, but I don't think you will find it.

See above.

>
> Oh, and by the way, I am not british, I am in Washington, and a Sailor in
> the US Navy. Sorry for any confusion in my post. :-)