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Message-ID: <28915501A44DBA4587FE1019D675F983093C76@grfint.intern.adiscon.com>
From: rgerhards at hq.adiscon.com (Rainer Gerhards)
Subject: Re: Computer Sabotage by Microsoft

> How could they be known? Neither is it advertized by Microsoft, nor is
> it part of the contract I sign when buying an XBoX. And EULAs 
> (or shrink
> wrap licenses) are worth nothing in the EU

I wouldn't stress this point too far... It actually depends on what is
in the EULA. If it is fair, within the expected range AND allows you to
return the product when you disagree, it probably is valid. It is a
little dangerous to plainly say "all EULAs" are worth nothing...

> , as you can only 
> get to them,
> after the contract "is signed" (buying the XBoX). So they 
> cannot be part
> of the contract.

Well, this eventually is a special case... Typically, the EULA is
displayed during installation and needs to be acknowledged. If there is
nothing like this with XBOX, than the EULA is actually void (happily, I
don't have an XBOX to verify ;))

Rainer


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