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Old 04-19-2008, 12:50 PM
Bruce Chambers
Newsgroup Contributor
 
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Re: OT sort off-Goodyear VS. Microsoft

Alan wrote:
> Hi Ron,
>
> You haven't answered the OP's second question: Has anyone taken Microsoft to
> court on this issue?



No, no one has been able to find any attorney who reasonably thinks he
could make a case that Microsoft's actions are wrong. Remember a few
years ago when the Department of Justice and several states' Attorneys
General tried to sue Microsoft for monopolistic practices? Not a single
one of them objected to the OEM license terms.

Further, a federal appeals court ruled long ago that software EULAs, in
general, are binding contracts under the Uniform Commercial Code.

Procd, Inc. v. Zeidenberg
http://www.law.emory.edu/7circuit/june96/96-1139.html


--

Bruce Chambers

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Old 04-19-2008, 12:50 PM