As with any legal issue, there are three sides to every story and there is no 
such thing as the truth.  That is why we have advocates and courts and other 
means of dispute resolution.

The article might be interesting to read but it is hardly the basis of 
jurisprudence, at least in this country.

Is a EULA a contract of adhesion?  Is there a warranty of merchantability?  
What is the consideration?  Are the provisions equitable?  Under the right 
circumstances, a good lawyer could probably rip the contract to shreds.  Or not.

HALinNY
 

=> -----Original Message-----
=> From: [EMAIL PROTECTED] 
=> [mailto:[EMAIL PROTECTED] On Behalf Of MB Software Solutions
=> Sent: Wednesday, September 06, 2006 11:29
=> To: Profox
=> Subject: [NF] A CONTRACT ONLY MICROSOFT CAN BREAK (from 
=> InfoWorld newsletter)
=> 
=> A CONTRACT ONLY MICROSOFT CAN BREAK
=> 
=> What kind of contract includes a provision that one of the 
=> parties has the right to violate the contract with impunity? 
=> Well, the Windows XP EULA for one, as an interesting 
=> analysis of Microsoft's legalese points out.
=> 
=> Several readers have justifiably praised LinuxAdvocate.org's 
=> "Windows XP EULA in Plain English" page in which each 
=> section of the current Windows XP Home EULA is printed 
=> side-by-side with a clear explanation of what it means. 

snip 


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