Munir Nassar wrote: > On Wed, 8 Oct 2003, David Phillips wrote: > > >>Joel Wickard writes: >> >>>does that mean I can transfer that software (not multiple >>>copies.. just the one) to any machine I want to >> >>Yes. You have all the rights granted by 17 USC 117. > > > I do not think so. There right are granted by 17 USC 117 sure. But a > contract between you and microsoft at a later time can supercede that. > <DISCLAIMER> IANAL, and this cannot be taken as legal advise, but it is a description of my understanding of the relationship between contract law and EULA's within Minnesota. It might not be true for you if you live anywhere else, and I may be outright mistaken on one or more points. </DISCLAIMER> Do not mistake a shrinkwrap license for a contract. Contracts can be negotiated, any "take it or leave it" item like a shrinkwrap license is on shaky ground if it does not provide at least as much obligation on the writer as it does the recipient. It is also generally true that for something to be considered a contract you have to have the right to refuse (or not sign) it. Since software is treated as a non-returnable item, you do not have the right of effective refusal once you have seen the EULA. Therefore, since you can't get your money back, and the EULA places more onerous restrictions on you than on the company presenting the EULA, _and_ you don't get to see it before commiting (by purchasing and unwrapping it, and often by partially installing it), it would appear that the shrinkwrap or clickwrap EULA is invalid in Minnesota. End rant. > take a look at an NDA for example, everybody has the right to free speech, > but you agree to voluntarily put limits on your right to free speech by > agreeing to an NDA, or when you sign a "no-disparage" agreement. > > Many people sign away their right to sue <$company> everyday, be it for an > amusement park, a new drug, to drive a rental car, to use an operating > system/program. > > It has been a long standing fact that a legal person CAN sign away their > basic rights. Almost all of them in fact. > > Now are click-throughs and paper seal the same as your signature? i do not > think so but that is something for the courts to decide. > > Munir Nassar > RedConcepts.NET > http://redconcepts.net/ > > > _______________________________________________ > TCLUG Mailing List - Minneapolis/St. Paul, Minnesota > http://www.mn-linux.org tclug-list at mn-linux.org > https://mailman.real-time.com/mailman/listinfo/tclug-list _______________________________________________ TCLUG Mailing List - Minneapolis/St. Paul, Minnesota http://www.mn-linux.org tclug-list at mn-linux.org https://mailman.real-time.com/mailman/listinfo/tclug-list