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

[Paul M]

On 09/07/06, Doug Winter <doug at pigeonhold.com> wrote:
> Tethys wrote:
> > 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?
>
> Whether they can hold you to the terms of an EULA in court or not
> depends on how you are told about it, how they require you to accept it,
> and what the terms are.
>
> The key bit here is acceptance I guess - if you had to sign a bit of
> paper before they gave you the disks you'd probably not dispute that you
> were governed by the terms.  The legality of clickwrap and boxtop
> licenses has been tested in court a few times in the US, with
> conflicting results.  It hasn't been tested in the UK to my knowledge.
>

Actually it has -- A Scottish court upheld the right of Adobe to
return a piece of Software to a reseller (who had refused it) when
they returned it unopened saying they refused the terms of the
shrinkwrap licence. What's odd is that the court uphelp the validity
of shrinkwrap licences but to the benefit of consumers. (see:
http://www.linuxsolutions.demon.co.uk/EULA-GPL.html)


Paul M
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