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Re: [News] FedoraStation3 Has Upper Hand, Microsoft to Sue for Side-by-side Comparison

  • Subject: Re: [News] FedoraStation3 Has Upper Hand, Microsoft to Sue for Side-by-side Comparison
  • From: Tim Smith <reply_in_group@xxxxxxxxxxxxxxxx>
  • Date: Sat, 21 Oct 2006 10:27:02 -0700
  • Newsgroups: comp.os.linux.advocacy
  • Organization: Posted via Supernews, http://www.supernews.com
  • References: <1161417796.461686.141850@i42g2000cwa.googlegroups.com> <p96p04-st7.ln1@ridcully.ntlworld.com>
  • User-agent: MT-NewsWatcher/3.5.1 (Intel Mac OS X)
  • Xref: news.mcc.ac.uk comp.os.linux.advocacy:1173920
In article <p96p04-st7.ln1@xxxxxxxxxxxxxxxxxxxxx>, spike1@xxxxxxxxxxxxx 
wrote:
> Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx> did eloquently scribble:
> > The Windows EULA forbids side-by-side comparisons as well. 
> 
> In order for any part of the EULA to be enforcable, doesn't one need to
> actually USE the product?

[Dammit...hit the wrong button.  Hey, Spike...if your email address is 
not munged, you'll be getting a copy of the first draft of this via 
email.  Sorry about that!]

More importantly, for such a clause to be enforceable, it would have to 
exist.

> How can they enforce a "No benchmark/side by side comparison" type
> restriction on something like PRICE?

They aren't even trying to do something like that.  You've made the 
mistake of accepting assertions in a Roy post on their face.  That's not 
a wise strategy.

-- 
--Tim Smith

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