Linux Format forums

Re: Microsoft's new Service Conditions

Nuke — Sun Sep 16, 2012 10:30 am

Author: Nuke

Posted: Sun Sep 16, 2012 10:30 am

I don't know about the USA, but the idea that anyone can deny you from resorting to a court is not just astonishing, but fundamentally wrong, a denial of a basic civil right. It is attempting to put the company above courts and justice - like contempt of court. Even the Prime Minister would be rapped for that.

One of the bases of civilisation surely is the ability to ask peers and/or "elders" to intervene in a dispute. It is for them to decide it there is any case to answer. That trumps anything else written or spoken.

I would expect a UK court to brush aside any such nonsense with hardly a comment, whether previously "agreed" by the parties or not. This is made more explicit by the concept of "unfair clauses" in contracts.

Re: Microsoft's new Service Conditions

Dutch_Master — Wed Sep 12, 2012 11:52 pm

Author: Dutch_Master

Posted: Wed Sep 12, 2012 11:52 pm

That's fairly simple: "you accepted the EULA, so you can't sue us" Well, in the US perhaps, but the EU is a whole different matter Remember, there's no such thing as a "software patent" in the EU, despite what many American S/W companies want you to believe...

Re: Microsoft's new Service Conditions

Paradigm Shifter — Wed Sep 12, 2012 8:13 pm

Author: Paradigm Shifter

Posted: Wed Sep 12, 2012 8:13 pm

Rhakios wrote:

Presumably the OP is referring to that clause which is supposed to forbid class actions against Microsoft. I'd be surprised if such a restriction in a EULA could be binding.
The GPLv3 is a much better license.

Many companies are adding that - Sony, Valve, EA... I'm sure there are more. I doubt the legality of it, but I'm not lawyer, so have no idea really what wrangling they may or may not do to (attempt to) enforce that EULA clause.

Re: Microsoft's new Service Conditions

Rhakios — Wed Sep 12, 2012 6:37 pm

Author: Rhakios

Posted: Wed Sep 12, 2012 6:37 pm

Presumably the OP is referring to that clause which is supposed to forbid class actions against Microsoft. I'd be surprised if such a restriction in a EULA could be binding.
The GPLv3 is a much better license.

Re: Microsoft's new Service Conditions

Dutch_Master — Wed Sep 12, 2012 2:09 pm

Author: Dutch_Master

Posted: Wed Sep 12, 2012 2:09 pm

LXF has nothing (or at least as little as possible) to do with M$, so I'm not

Whatever which way M$ decides to change their terms and conditions, OSS (and Linux in particular) will benefit

Microsoft's new Service Conditions

Stanbo — Wed Sep 12, 2012 1:30 pm

Author: Stanbo

Posted: Wed Sep 12, 2012 1:30 pm

LXF Readers I have just part-read the new terms and conditions of use from Microsoft, delivered 11 Sept,2012, for the conditions of use of their software. I look forward to reading the comments in the next LXF mag