Begin forwarded message:
From: Richard Santalesa <[EMAIL PROTECTED]>
Date: November 29, 2006 5:44:45 PM EST
To: [EMAIL PROTECTED]
Subject: Re: [IP] more on the Vista EULA allows self-help
Reply-To: [EMAIL PROTECTED]
Dave,
I am a lawyer and the answer to a previous email on this thread
wondering "if an ISPs Acceptable Use Policy says you cannot do
certain things, but the actual applicable law says that you cannot
be prevented from doing such things by an AUP, shouldn't the
deceived customers have a cause of action?" is a resounding no -
unless the statute specifically grants an individual cause of action.
While I haven't read the EULA in question yet, it no doubt has a
savings clause that states, roughly, that any portion deemed not
enforceable or contrary to law or public policy will be severed and
the remaining contract will be valid and in effect. Contracts
contains clauses that are put in all the time that may or may not be
enforceable at any given point based on the state of the law at the
time of the breach.
Rich Santalesa
Sent from my BlackBerry wireless handheld.
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