On Fri, Apr 25, 2008 at 10:29:52AM -0700, Gus Wirth wrote: > The authority for performing the audit is the End User License Agreement > (EULA) for installed software. When you install a Microsoft product you > agree to be audited. The EULA is a business contract, so it has > different rules than if someone just shows up on your doorstep and says > "let me in", especially if you are a business. I haven't heard of any > cases where an individual has been pressed for an audit, only businesses.
A) How can they prove to a court that I have the software that is covered by their EULA before searching? And, if they claim I have "pirated" their software, how can they claim that I'm covered by the EULA? B) Just because something is in a contract (*especially* an EULA, which is on very shaky legal ground) doesn't mean it's automatically enforceable. You cannot "sign away" your Constitutional rights in a contract. The Fourth Amendment does not apply to private entities, but that doesn't mean that any private entity can conduct an "unlawful search and seizure" of any other private entity. -- *********************************************************************** * John Oliver http://www.john-oliver.net/ * * * *********************************************************************** -- [email protected] http://www.kernel-panic.org/cgi-bin/mailman/listinfo/kplug-list
