From: John Poltorak (jp_at_eyup.org)
Date: Sat May 04 2002 - 14:55:57 EDT
On Sat, May 04, 2002 at 09:42:36AM -0400, Dr. Jeffrey Race wrote:
> On Sat, 4 May 2002 11:17:00 +0100, John Poltorak wrote:
>
> >You pay your supplier for your cmputer. There is some contract between
> the
> >two of you. Your supplier provided a computer which had Windows
> >pre-loaded. You had no say in whether Windows came on it, so you cannot
> be
> >bound by some sort of trumped up third party agreement.
>
> Legally you bought the computer and you own the hardware. It came
> with an option to use MS s/w if you click "I agree". If you don't
> agree, you are obliged (and this is spelled out in documentation
> I have seen)
I do not accept that I am under any obligation to do any such thing.
The EULA is not valid IMV.
I have already entered into a contract with the supplier of a computer
when I pay my money. How can someone suddenly spring new conditions on me
after this sale. If any of this clicking nonsense should be part of the
deal you should do it at the time you buy the computer, not once you have
paid for it and taken it home.
As far as I am concerned any CD I buy with Windows on is mine just as much
as one with The Doors on.
Just imagine an audio CD which started with the words, by pressing play
you agree to pay some much to the artist for every time you listen to it.
Software is pretty much like music or books as far as the law is
concerned, irrespective of what Bill Gates says.
> to stop, power down the computer, boot from a floppy,
> and run format c:. Then you are free to load any OS on it you
> want. I have done this many times.
That would be reasonable if you received a refund for the software you
didn't use but have already paid for, but you won't get it.
> I am not apologizing for MS. This is just the way it works. The
> proper remedy for MS abuse of its monopoly position is not to trash
> the legal system
Please! The EULA is not part of any legal system. It is there to try and
deny your rights as a consumer.
> but to end the monopoly.
>
> Jeffrey Race
-- John
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