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

Jason Clifford jason at ukpost.com
Sun Jul 9 10:46:53 UTC 2006


On Sat, 8 Jul 2006, Christopher Hunter wrote:

> The current MS EULA is actually unenforceable in the EU (I'm informed by my 
> lawyer nephew) under a huge list of statutes - everything from infringing 
> Human Rights to discriminatory trading practise.

Your nephew has taken an overly simplified view if that's what he 
believes.

The courts will enforce the EULA (as happened in the UK this week) 
although they may not enforce parts of it.

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) 
exists.

Jason

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