[RC5] continuation? (OT)

Orthanc orthanc_duo at hotmail.com
Sat Mar 23 00:23:57 EST 2002


In most contries the whole "by opening the box you agree" concept is not
valid unless the licence can be read beforhand. However I don't know of
anyone ever trying this as a defence.

Orthanc
----- Original Message -----
From: "Malte S. Stretz" <msquadrat.nospamplease at gmx.net>
To: <rc5 at lists.distributed.net>
Sent: Friday, March 22, 2002 8:22 PM
Subject: Re: [RC5] continuation? (OT)


> On Friday, 22. March 2002 01:02 CET Chris Burton wrote, at least in
> part:
> > > Last time I bought a comp with windows pre-installed there was no
> > > Licence aggreement the first time I booted the computer, nor was
> > > there any docmentation saying that by using this computer I agree
> > > to the licence conditions. This seems obvious to me but I wonder
> > > how it would stand up in a law court.
> >
> > If you got an OEM version of windows then the person who installed it
> > broke the terms that Microsoft set out when they installed it that
> > way. When you came to login it should of requested you to type in
> > your serial number and accept the EULA. Also if you didnt get a
> > license did you actually get a legal copy of windows?
>
> At least here in Germany the on-screen EULA is nonsense; it isn't
> legally binding. You have to have read the license _before_ you open
> the software package. If you've bought a computer with OEM software
> pre-installed you may give it back to your retailer. (Either the
> software only, if he agrees, or the whole box.)
>
> And BTW: I don't think there's anywhere mentioned that they'll install
> the background task FindFast and a description of what it does (slowing
> down your machine) in the Office EULA. It's only legal blurb and even
> if you've read it thoroughly (what I never even tried) all it will give
> you is a headache but no clue.
>
> Greets
> Malte
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