All Things Microsoft > Microsoft as a Company

California state people sueing again

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HibbeeBoy:
I think it's a good concept. Having read the EULA, decline the agreement and return to store. They (M$ and their bitches) can't have it both ways. I don't have a problem agreeing to not copy and distribute a software application but when the EULA states funky stuff like "We reserve the right to spy on you etc" then the consumer should be allowed to decline and return. I often thought about that, order machine from Dell, fire it up, decline the EULA and return to Dell. After a few times they might get the message.

Zero Cool:
In a way she has a valid reason but it's just another plot to get money off the big corporations. I'm even surprised that she read the EULA!

Calum:
she does not have a vaild case.
the product can be returned if the user does not agree with the EULA, and i am fairly certain that all microsoft saleable products include a screen during setup which contains ONLY the EULA, and two buttons with 'I Agree' and 'I Do Not Agree'.

If the user clicks 'I Agree' in order to install the software, then it's their own stupid fault if they didn't fucking read it. and if they do not agree with the licence then they should not agree and they should not install the software.

It says everywhere in these licences that if you do not agree, you can return the product for a refund. if the 3rd party retailer does not accept it, you can send it directly to microsoft, if they will not refund you, then you might have a case.

Why do US people sue each other so much over rubbish? (that was rhetorical)

(winXP  EULA link - for reference)

you will notice from the windows XP user agreement that by agreeing to the EULA for XP in the first place you actually lose most of your rights to just about everything. luckily the XP EULA is vague enough to make this case not entirely a foregone conclusion, but i think we can safely guess who can afford the better lawyer.

[ February 13, 2003: Message edited by: Calum: Member # 81 ]

HibbeeBoy:

quote:Originally posted by Calum: Member # 81:
she does not have a vaild case.
the product can be returned if the user does not agree with the EULA, and i am fairly certain that all microsoft saleable products include a screen during setup which contains ONLY the EULA, and two buttons with 'I Agree' and 'I Do Not Agree'.

If the user clicks 'I Agree' in order to install the software, then it's their own stupid fault if they didn't fucking read it. and if they do not agree with the licence then they should not agree and they should not install the software.

It says everywhere in these licences that if you do not agree, you can return the product for a refund. if the 3rd party retailer does not accept it, you can send it directly to microsoft, if they will not refund you, then you might have a case.

Why do US people sue each other so much over rubbish? (that was rhetorical)

(winXP  EULA link - for reference)

you will notice from the windows XP user agreement that by agreeing to the EULA for XP in the first place you actually lose most of your rights to just about everything. luckily the XP EULA is vague enough to make this case not entirely a foregone conclusion, but i think we can safely guess who can afford the better lawyer.

[ February 13, 2003: Message edited by: Calum: Member # 81 ]
--- End quote ---


I think part of her argument is breaking the seal on shrink wrap CDs. By breaking the seal to get to the CDs and the EULA, you have "agreed" to the EULA before you have even read it. I think it might be a valid case. The retailer assumes that the broken seal means the consumer has installed the application. But on reading the detailed EULA at installation time, you see the full details of what you have agreed to and some of its unsavoury stuff and click the "don't agree" button.

Why do Americans sue so much ? - well because they can. Is this a great country or what ?!!  

avello500:
i hope they make companies display the eula's in plain language next to the shelf with the merchandise. how many people would buy m$ products when they tell you they will invade your comp.

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