Linked by Thom Holwerda on Tue 21st Aug 2012 21:57 UTC
Thread beginning with comment 531720
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If it goes against the law - it's void.
To be precise: only the clauses that are in violation of existing laws are void, not the whole EULA, ie. the parts the are covered by e.g. copyright laws are still valid.
Here in Finland marketing laws basically say that if you sell something like a shelf product then it is a shelf product, regardless of what the license or the box says, ie. "if it walks like a duck, looks like a duck and quacks like a duck it is a duck." This also covers things like selling a used product: as long as you give all the needed materials to the new owner and remove all backups from your possession you're free to sell the item even if the EULA tried to prevent you from doing that.
EULA can claim that MS owns the Moon or what not. If it goes against the law - it's void.
There are no laws against owning the Moon by MS, by private or commercial entities in general... (the treaty is only about govs)
And, as we all surely know, the Moon is claimed (after he bought one of the Lunokhods) by Lord British. Ultimately, it's only a matter of the right price, I guess ...or an EULA in which Lord British wilfully enters.
Edited 2012-08-28 23:36 UTC





Member since:
2010-04-06
The software is licensed, not sold. Under this agreement,
This in effect destroys "fair use" as earlier Supreme Court rulings stated that you did buy and own the software.