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____/ High Plains Thumper on Sunday 13 Sep 2009 01:33 : \____
> Roy Schestowitz wrote:
>> High Plains Thumper on Saturday:
>>> Roy Schestowitz wrote:
>>>
>>>> Petition for the refund of OEM Licenses in the EU
>>>>
>>>> ,----[ Quote ]
>>>>> For a fact the manufacturer or installer refuse to refund or
>>>>> even refer to Microsoft to obtain a refund, which clearly is
>>>>> in violation of the said OEM License Policy. We'd like to
>>>>> urge the European Commission to take action and to make it
>>>>> possible to apply the License Policy of Microsoft and the
>>>>> law in favor of the consumer.
>>>>>
>>>>> We have studied the Licenses of the majority of Microsoft
>>>>> Operating Systems and have discovered that they all apply.
>>>> `----
>>>>
>>>> http://softwarepushers.com/
>>>
>>> If the EU were to take the issue to stance, it could be changed,
>>> also may set a precedence for other countries to follow suit. It
>>> wrong to deny the consumer what would normally be a binding legal
>>> document. Seems nowadays the only provision that applies is
>>> software theft. "It is okay for me to steal from you, but not
>>> okay for you to steal from me."
>>
>> See what Microsoft did to i4i.
>
> Found this on I4i:
>
> [quote]
> September 9, 2009 9:54 AM PDT
> I4i takes on Microsoft claims in latest brief
> by Lance Whitney
>
> I4i said Wednesday that it refutes the latest claims made by
> Microsoft in an XML patent infringement case involving Word.
>
> I4i Chairman Loudon Owen called Microsoft's claims "the same weak
> defenses Microsoft repackaged from the trial and raised on
> appeal." [...]
>
> But in its responding brief filed in the U.S. Court of Appeals
> for the Federal Circuit on Tuesday, I4i leveled several charges
> against Microsoft.
>
> "Microsoft repeatedly attacks the district court's performance as
> a 'gatekeeper,' said I4i in the Responding Brief. "But Judge
> Davis has a substantial track-record in patent cases, and
> Microsoft's criticism of him as unable (or unwilling) to fulfill
> his duties is nothing less than an unfair attempt to divert
> attention from what really happened."
>
> I4i also cited specific areas where it believes Microsoft's
> attacks on the court are misguided, including an I4i survey that
> the court used to determine damages.
>
> "In criticizing the survey testimony that formed the basis of
> I4i's damages claims, Microsoft demands a level of perfection
> that this Court has never required and few surveys would ever
> meet. I4i's survey was designed, conducted, and analyzed using
> accepted methodology, and its admissibility was beyond legitimate
> question. Moreover, in arguing that I4i's survey respondents were
> inadequately screened, Microsoft relies on inaccurate and cropped
> quotes from the screening questions. Most egregiously, though,
> Microsoft repeatedly distorts this Court's case law."
> [/quote]
>
> http://news.cnet.com/8301-10805_3-10347565-75.html
>
> IOW, MS will continue to drag this out in court because it has
> the resources to do so.
That's how the 'legal' system works.
- --
~~ Best of wishes
"High fat emulsified offal tube", thank y'very much. -- Lionel about sausage
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