Hello,
And towards the end of the EULA it states "Microsoft reserves the right to upgrade\modify software on your XBOX system"
and BMW reserves the right to remove the wheels of your car when they want to.
Even if that would be within any agreement. Once you bought your car, anyone touching it (including BMW) will go to court. There is no logical reason why law should handle the copy of software on the XBOX harddisk in a different way than a car. If it does, the law itself is flawed.
Welcome to the weird, wild and wacky system of computer and computer crime-related laws brought to you by the US of A. You thought the DMCA was a mess? Ha!
Have you read anything about UCITA, the US Uniform Computer Information Transactions Act? Very entertaining reading, if you like horror.
Here are a few fun things explicitly allowed (1):
o UCITA allows software publishers to change the terms of the contract after purchase.
o UCITA allows restrictions that prohibit users from criticizing or publicly commenting on software they purchased.
o UCITA allows software and information products to contain "back door" entrances, potentially making users' systems vulnerable to infiltration by unauthorized hackers.
o UCITA allows software publishers to sell their products "as is" and to disclaim liability for product shortcomings.
UCITA is law in three of the fifty states in the US. Happily, it doesn't look like any other states are going to pass it into law any time soon. Note that DMCA/UCITA-like laws are popping up all over Europe -- keep your eyes open, and if you're old enough to vote, contact your local representatives and clue them in.
take care,
Cael
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(1) Courtesy of http://www.cpsr.org/program/UCITA/ucita-fact.html
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