bugtraq - Re: Computer Sabotage by Microsoft

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Date: Fri, 12 Sep 2003 01:13:31 +0200
From: Ansgar Wiechers <bugtraq@...netcobalt.net>
To: Nicholas Weaver <nweaver@...berkeley.edu>
Cc: Stefan Esser <s.esser@...atters.de>, full-disclosure@...ts.netsys.com,
   bugtraq@...urityfocus.com
Subject: Re: Computer Sabotage by Microsoft


On 2003-09-11 Nicholas Weaver wrote:
> On Thu, Sep 11, 2003 at 08:30:39PM +0200, Stefan Esser composed:
>> well it finally happened. I came back home after work, connected my
>> XBOX to the internet and went into the XBOX-Live menu configuration.
>> Well what happened. The XBOX started automaticly downloading the new
>> crappy XBOX-Live dashboard, which is of course fixed. 
>> 
>> This is IMHO an act of computer sabotage. I have never allowed MS to
>> modify my dashboard or to auto update my dashboard.
>> 
>> Is any lawyer on the list who can point me to the right paragraphs? I
>> do not believe this computer sabotage is legal in any european
>> country.
> 
> Read the End User Liscence Agreement that you agreed to with the X-box
> (its probably somewhere in the box).
> 
> Dollars-to-doughnuts says that Microsoft maintains the right to
> update/change the software regardless of your wishes.
> 
> All your Rights are belong to Bill (tm)

No, they don't. In Germany it is not legal to unilaterally modify a
sales contract that has already been agreed on (if the result of not
agreeing would be not being able to use the product). So EULAs are
simply not effective in almost every case.

Stefan, you might want to read into the AGBG [1] and consult a lawyer,
but (IANAL) I'm not sure how much of a chance this would have in courts.

[1] http://dejure.org/gesetze/AGBG

Regards
Ansgar Wiechers

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