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Stanbo
Joined: Wed Sep 12, 2012 1:07 pm Posts: 1 Location: Kent
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Posted: Wed Sep 12, 2012 1:30 pm Post subject: Microsoft's new Service Conditions |
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| 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 |
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Dutch_Master LXF regular
Joined: Tue Mar 27, 2007 2:49 am Posts: 2354
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Posted: Wed Sep 12, 2012 2:09 pm Post subject: |
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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  |
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Rhakios Moderator

Joined: Thu Apr 07, 2005 12:18 am Posts: 7473 Location: Midlands, UK
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Posted: Wed Sep 12, 2012 6:37 pm Post subject: |
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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.  _________________ Bye, Rhakios |
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Paradigm Shifter

Joined: Sat May 19, 2012 1:16 pm Posts: 84
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Posted: Wed Sep 12, 2012 8:13 pm Post subject: |
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| 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. |
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Dutch_Master LXF regular
Joined: Tue Mar 27, 2007 2:49 am Posts: 2354
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Posted: Wed Sep 12, 2012 11:52 pm Post subject: |
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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...  |
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Nuke LXF regular

Joined: Wed Feb 09, 2011 12:11 pm Posts: 134 Location: Chepstow, UK
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Posted: Sun Sep 16, 2012 10:30 am Post subject: |
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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. _________________ Unsolved Mysteries of the Universe No 9 :-
Why can't you buy a domestic mailbox that will take an A4 envelope without creasing? |
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