"The next version of Windows is just around the corner, so the next time we discuss software licensing in my course, the EULA for Vista will be front and center. You can read the Microsoft Vista EULA yourself by going to the official Software License page from Microsoft page and searching for Vista. I know many of you have never bothered to read the EULA - who really wants to, after all? - but take a few minutes and get yourself a copy and read it. I'll wait. Back? It's bad, ain't it? Real bad. I mean, previous EULAs weren't anything great - but the Vista EULA is horrendous."
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Member since:2005-10-02
I'll take it bottom up.
We are going to have to agree to disagree.
I can easily accept that 
- it's a healthy approach btw.
I am not afraid of MS sueing me, because they have no case. The laws in Denmark are quite protective on this part. All I have to remember, is to contact MS before I publish the article in a newspaper (if I am the editor).
Apart from that they can do me nothing. They might try, but they'd lose it immediately. Denmark is quite different here, since the EULA is trying to remove rights I cannot surrender according to Danish law.
However, I can agree with you on being cautious. There is nothing wrong in being cautious. But I don't have to be _that_ cautious.
Of course I can walk around in Denmark if I publish critical benchmarks of .NET. It is none of MS business to decide that. What they can do is controlling the distribution of their software and (to some level) the extent of allowed usage of software.
Most of the MS EULA is void in Denmark, and MS in Denmark knows that.
Nor am I afraid about infringing software patents because we don't have software patents in Denmark (algorithms can be patented, and according to court rulings and law software is merely algorithms).
Member since:2005-08-26
As dylanmrjones correctly is saying MS wouldn't have any case, and that goes for all the Nordic countries (Finland, Sweden, Denmark and Norway).
Here (I'm a Finn) we, as has been said, have strong consumer-protecting laws where the company is always at false when such thing are fought about. This because the consumer is seen as the weak part that doesn't have any possibility but accept the the "contract" and as the weaker part is to be protected by the law. The law is also extra protective when it is about a company that has almost a monopoly status.
You (americans) have a lot to learn about Nordic consumer protection laws.
For example there is an ongoing case in Norway brought on by the Consumer Council of Norway against iTunes.no for using unfair contract terms. What that is about is they where trying to use the application of English law, the restriction of competition through both terms and DRM, the ability for iTunes to unilaterally change the terms and conditions and geographical discrimination. It will be intresting to see what happens, but it will probably take until sometime next year. (some info I could find about it: http://www.theregister.co.uk/2006/01/27/norway_itunes_complaint/ )
Member since:2005-07-06
"If Microsoft takes the "threat" seriously enough I am sure they can a person's life absolutely miserable."
I am pretty sure that the country where you live makes a hell of a difference.
Surely it makes here in Italy a huge difference, but most likely also in othere European countries where I lived: UK, Netherlands, Germany (not sure about the latter).
Member since:
2005-07-08
I have taken care of my misquoting Soulbender. I just don't think that if publish benchmarks critical of a Microsoft product that is in violation of their EULA, that you are going to walk, regardless of what country you are in.
If Microsoft takes the "threat" seriously enough I am sure they can a person's life absolutely miserable. I am not trying to interpret law at all, despite your claim to the contrary. I just believe in being prepared in case there is a problem (Michael Lynn formerly of ISS comes to mind). What I have learned is that "business is business" and the law (not limited to the US) doesn't always work the way you expect it to.
We are going to have to agree to disagree.