bugtraq - Re: Re: Computer Sabotage by Microsoft

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Date: Thu, 18 Sep 2003 18:17:21 +0200
From: Ansgar Wiechers <bugtraq@...netcobalt.net>
To: se_cur_ity@...mail.com
Cc: full-disclosure@...ts.netsys.com, bugtraq@...urityfocus.com
Subject: Re: Re: Computer Sabotage by Microsoft

On 2003-09-18 se_cur_ity@...mail.com wrote:
>>> Read the End User Liscence Agreement that you agreed to with the
>>> X-box (its probably somewhere in the box).
>>
>> In some european countries EULAs are not valid if the are 'in the
>> box', ie if you could not agree/review them before the purchase. You
>> if you buy the box, but the license is in the box, it has no legal
>> standing in for instance Holland.
> 
> what about "used" xboxes???

Can't tell about The Netherlands or any other european contry, but in
Germany this sort of EULA would have to be part of a contract directly
between Microsoft and the customer to beccome effective. A Vendor cannot
determine the contract between the current owner of the product (be it
wholeseller, retailer or customer) and a third party. German
jurisdiction calls this rule "Erschoepfungsgrundsatz".

Regards
Ansgar Wiechers

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