"This should go over well."
|
| Author | Content |
|---|---|
| caitlyn May 29, 2012 10:11 PM EDT |
Scott's sarcastic comment should be spot on. Instead the long abused Windows customers will swallow it and go on as if nothing changed. Lemmings. |
| tracyanne May 29, 2012 10:13 PM EDT |
Yes I wonder just how toxic a company has to be before people wake up to them. |
| gus3 May 29, 2012 10:17 PM EDT |
Didn't Sony just do the same thing with their latest PlayStation (or PS update)? |
| DrGeoffrey May 29, 2012 10:30 PM EDT |
tracyanne & caitlyn are clearly not of the body. |
| caitlyn May 29, 2012 10:32 PM EDT |
Oh geez... old Star Trek references. You could have said we weren't assimilated. I think more people would have gotten that one. |
| mbaehrlxer May 30, 2012 12:56 AM EDT |
i have watched all of star trek except one series which i am halfway though now, and i don't recognize that reference. please enlighten us. greetings, eMBee. |
| BernardSwiss May 30, 2012 1:07 AM EDT |
I can't help wondering how legal this actually is. Isn't there a legal concept of "unconscionable" terms (ie. no one would willingly accept them if their was an credible choice). edit: yes, that appears to be the term I was thinking of https://en.wikipedia.org/wiki/Unconscionability |
| jezuch May 30, 2012 1:50 AM EDT |
AFAICT a license can't put more restrictions than the law provides for. It can only start from "all rights reserved (those that indeed are reserved)" and relax some of them. So this clause is clearly null and void but Microsoft puts it in the license anyway in the hope that uninformed public will obey. I think at least half of the Windows EULA is written that way. IANAL, of course :) |
| GERGE May 30, 2012 5:35 AM EDT |
This is not legally possible. At least in Europe. Even if I am a law student, I know next to nothing about Anglo-Saxon law. |
| DrGeoffrey May 30, 2012 7:55 AM EDT |
Quoting:i have watched all of star trek except one series which i am halfway though now, and i don't recognize that reference. please enlighten us. http://en.wikipedia.org/wiki/The_Return_of_the_Archons While the quote does not appear on the Wikipedia page, it is a nice summary of the episode. |
| JaseP May 30, 2012 9:05 AM EDT |
Forbidding class actions doesn't forbid Federal and State Justice Dept. action,... It's still a pipe dream of mine... |
| jdixon May 30, 2012 10:00 AM EDT |
> I can't help wondering how legal this actually is. Having the clause in the EULA is almost certainly legal. The question is whether or not it's enforceable. Fortunately, US courts don't recognize Microsoft's right to limit their purview. |
| caitlyn May 30, 2012 11:13 AM EDT |
@jdixon: I don't think you're right on this. The change in the EULA was a result of a specific U.S. Supreme Court ruling last year that does, in fact, allow companies to have license agreements which bar class action lawsuits. This is based entirely in U.S. law as it stands today. |
| JaseP May 30, 2012 11:51 AM EDT |
Yep. Caitlyn's right... |
| skelband May 30, 2012 11:53 AM EDT |
@DrGeoffrey: Ah yes, Landru. Shame we cannot convince Windows 8 that it is "... wrong and the [users] are being kept as uncreative slaves." Perhaps it would then self-destruct and dawn a new era of creativity and choice. |
| jdixon May 30, 2012 12:19 PM EDT |
> ...in fact, allow companies to have license agreements which bar class action lawsuits... Not quite. It bars the user who agrees to the license terms from participating in the class action lawsuit. Anyone who hasn't agreed to the license is still free to sue them, and even request class action status. How the court would handle that, I have no idea. Issues of standing would seem to be the primary consideration, but if say a teenager was the user but the parent had never agreed to the license, that would probably work. |
| caitlyn May 30, 2012 12:46 PM EDT |
I'm not an attorney so I can't argue the points, jdixon. I am pretty sure Microsoft has a large staff of sharp attorneys and most teenagers do not. |
| jdixon May 30, 2012 1:14 PM EDT |
> I am pretty sure Microsoft has a large staff of sharp attorneys and most teenagers do not. I'm sure they do. So does Oracle. It only takes one good lawyer on the other side. And there are lots of good lawyers with teenage children. |
| jhansonxi May 30, 2012 1:56 PM EDT |
M$ license traps are not unusual. One thing that annoys me about the SCOTUS decision is that it favors only businesses where contracts are used. How would McDonald's get a consumer to agree to a anti-class action term? Use a burger wrapper as a shrink-wrap license? |
| jdixon May 30, 2012 2:00 PM EDT |
> Use a burger wrapper as a shrink-wrap license? Don't give them ideas. |
| ComputerBob May 30, 2012 4:36 PM EDT |
I think Mayor McCheese may be an attorney. |
| gus3 May 30, 2012 4:37 PM EDT |
I wouldn't use Microsoft's electronic licenses to line the virtual cage of my Twitterer. *ptui* |
| Khamul May 30, 2012 4:54 PM EDT |
@caitlyn: "assimilation" is a politically loaded term and hence against the TOS. |
| BernardSwiss May 30, 2012 5:15 PM EDT |
?The change in the EULA was a result of a specific U.S. Supreme Court ruling last year that does, in fact, allow companies to have license agreements which bar class action lawsuits. This is based entirely in U.S. law as it stands today." Seriously? That sucks! I guess those special "information seminars"/issue-centric conferences that judges get to attend in sunny climes really are a good investment (for Big Business, not the citizenry). |
| DrGeoffrey May 30, 2012 5:17 PM EDT |
<sigh> Now it's my turn for an "Oh geez... " Assimilation has been used to the point where it is now trite, while more obscure references to blind faith still offer the potential for impact. |
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