[Gllug] Getting Microsoft off a Dell purchase - anyone done this?

Tethys sta296 at astradyne.co.uk
Sun Jul 9 11:58:02 UTC 2006

Jason Clifford writes:

>Remember that without the EULA you have no right whatsoever to use the 
>software unless there can be an implied license which the courts have not, 
>AIUI, ever taken to exist where an EULA (no matter how faulty it is) 

Is this actually true? I mean, I know it's what the large software vendors
want you to believe, but is there anything in UK law that governs how you
may or may not use a particular item that you own? Copyright law controls
duplication of that item. But which law says "even though you bought this
item from me, you can't use it unless I give my permission"? Essentially,
they're trying to claim that all software is leased, rather than sold,
and that you're only buying the physical medium. But has this ever been
tested in court?

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