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[News] Microsoft EULA {Has Not Been Tested in Court}^TM

Do Microsoft's EULAs have any real legal basis?

,----[ Quote ]
| "Microsoft has no special exemption from the sale of goods act." Well,
| no, probably not - but it might still be selling you "services"
| instead of "goods". But the real point to remember is that it doesn't
| matter a jot what the "logical" position is, it is what the courts
| decide that matters.
| 
| As far as I know, no one has tested Microsoft's EULAs in a UK court
| and, until someone does, Microsoft will just go on assuming that they
| work. And I don't fancy the risk of taking on Microsoft's expensive
| lawyers in court myself...
`----

http://www.regdeveloper.co.uk/2007/04/25/microsoft_eula/


Related:

German GPL defender claims legal victory
 
,----[ Quote ]
| Open-source programmer Harald Welte said Thursday he won a civil court
| case in Germany centered on the General Public License (GPL). The license
| governs many open-source projects and permits anyone to use software
| covered by it, but requires that companies incorporating GPL software
| make the underlying source code available.
`----

http://news.com.com/2061-10795_3-6113453.html?part=rss&tag=6113453&subj=news

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