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Re: [News] Linux Becomes Big in Europe, Britain Still Suffers from Discriminative Procurement Policies

____/ Mark Kent on Friday 06 July 2007 07:55 : \____

> waterskidoo <water.skidoo@xxxxxxxxx> espoused:
>>> Software patents are not valid in the UK.  There is nothing to license,
>>> indeed, no need to buy any kind of licence from Microsoft.
>> 
>> So how do you install Windows?
>> IOW do UK copies of Windows come with a CD key and EULA agreement?
> 
> The EULAs are almost certainly invalid in the UK, as are software patents,
> however, that doesn't mean that copyright law doesn't apply, it does,
> so you still need a legitimately licensed copy of Windows, however,
> you /cannot/ license software patents, because they are not valid here
> (or anywhere else except the US, Canada, Mexico and Australia), so it
> is impossible to purchase a legitimate licence for same from anyone,
> including Microsoft.

To add more to this discussion about the validity of draconian EULAs in the
UK...

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/

Microsoft is above the law in the US and Britain, so it probably doesn't
matter. Continental Europe and South America are a different story
altogether... South Africa was kept 'clean' thanks to their 'rock start' Mark
Shuttleworth and Australia is being pulled from two directions.

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