If I understand things correctly, the EULA is PART of the sales contract. If you do not agree to the license agreement, than the purchase never was legitimized, and therefore there is no sales contract - which by the way is what entitles you to a complete refund if you desire it (since legally the sale never happened).
So, you can't say that the terms of the license agreement modify the sales contract or prevent you from using something that is yours, because there is no contract and it isn't yours. Once you agree to the EULA it is yours, but only under those conditions that you agreed to. There is no modifying of anything, and that is the rub. Besides, even if you did want to pursue this, the best outcome you could expect is: You get your $200 back and they take your XBOX (which was probably moded anyway), or if you really could pursue it to the extreme, Microsoft stops selling the XBOX in your country. Would you be happy in either of those circumstances? Unfortunately, like the last post says, the argument over allowing or not allowing signed code to run on the Xbox is something we can all waste lots of time with, and it would be really nice to do... But the future holds code updates as a regular part of a vendors obligation to the end user to keep their product performing the function it was sold to do. After all, when they sold it to you they have entered into the contract with you to make a product that works as advertised - and I'm sure you would hold them to it. -----Original Message----- From: Ansgar Wiechers [mailto:[EMAIL PROTECTED] Sent: Thursday, September 11, 2003 7:14 PM To: Nicholas Weaver Cc: Stefan Esser; [EMAIL PROTECTED]; [EMAIL PROTECTED] Subject: Re: Computer Sabotage by Microsoft On 2003-09-11 Nicholas Weaver wrote: > On Thu, Sep 11, 2003 at 08:30:39PM +0200, Stefan Esser composed: >> well it finally happened. I came back home after work, connected my >> XBOX to the internet and went into the XBOX-Live menu configuration. >> Well what happened. The XBOX started automaticly downloading the new >> crappy XBOX-Live dashboard, which is of course fixed. >> >> This is IMHO an act of computer sabotage. I have never allowed MS to >> modify my dashboard or to auto update my dashboard. >> >> Is any lawyer on the list who can point me to the right paragraphs? I >> do not believe this computer sabotage is legal in any european >> country. > > Read the End User Liscence Agreement that you agreed to with the X-box > (its probably somewhere in the box). > > Dollars-to-doughnuts says that Microsoft maintains the right to > update/change the software regardless of your wishes. > > All your Rights are belong to Bill (tm) No, they don't. In Germany it is not legal to unilaterally modify a sales contract that has already been agreed on (if the result of not agreeing would be not being able to use the product). So EULAs are simply not effective in almost every case. Stefan, you might want to read into the AGBG [1] and consult a lawyer, but (IANAL) I'm not sure how much of a chance this would have in courts. [1] http://dejure.org/gesetze/AGBG Regards Ansgar Wiechers This message and any included attachments is intended for the sole use of the individual or entity to whom it is addressed. The information contained herein is confidential, proprietary or privileged and may be subject to protection under law. You are notified that unauthorized use, distribution, review or reproduction of such information is strictly prohibited and may subject you to criminal or civil penalties. If you have received this transmission in error, please promptly delete it and notify the sender by e-mail with a copy to '[EMAIL PROTECTED]'. _______________________________________________ Full-Disclosure - We believe in it. Charter: http://lists.netsys.com/full-disclosure-charter.html
