Microsoft's new Service Conditions

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Microsoft's new Service Conditions

Postby Stanbo » Wed Sep 12, 2012 12:30 pm

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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Postby Dutch_Master » Wed Sep 12, 2012 1:09 pm

LXF has nothing (or at least as little as possible) to do with M$, so I'm not :P

Whatever which way M$ decides to change their terms and conditions, OSS (and Linux in particular) will benefit :D
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Postby Rhakios » Wed Sep 12, 2012 5:37 pm

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. :)
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Postby Paradigm Shifter » Wed Sep 12, 2012 7:13 pm

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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Postby Dutch_Master » Wed Sep 12, 2012 10:52 pm

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 :P Remember, there's no such thing as a "software patent" in the EU, despite what many American S/W companies want you to believe... :evil:
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Postby Nuke » Sun Sep 16, 2012 9:30 am

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.
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