Linked by Thom Holwerda on Fri 17th Feb 2006 12:41 UTC, submitted by jayson.knight
Windows "Microsoft recently made a change to the licence agreement saying that a new motherboard is equal to a new computer, hence you need to purchase a new Windows licence. Here is what Microsoft has to say: "An upgrade of the motherboard is considered to result in a 'new personal computer' to which Microsoft OEM operating system software cannot be transferred from another computer. If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created and the license of new operating system software is required." Please note that this does not go for retail copies of Windows, but only for OEM versions.
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RE[2]: Not enforceable in Finland
by Larz on Fri 17th Feb 2006 14:24 UTC in reply to "RE: Not enforceable in Finland"
Larz
Member since:
2006-01-04

Yes, its a license and you donīt own a thing.

There is however a problem with shrink-wrap-licenses in general. A license for a piece of shrink-wrap software, may not be enforcable, in case it puts the user in a worse position than he had reason to believe when he bought the software (the software is in shrink-wrap and he is unable to read the license before buying).

This is in contrast to click-wrap software (ex. downloaded from the internet), where you accept the license before you buy. In this case the license is probably valid (unless it infringes on other consumer laws).

AFAIK I know there has been a supreme court decision in Germany stating that the license (at least the part about it being tied to a specific PC) is not enforcable. Thus resellers are able to buy oem licenses from users, and resell them again together with a PC.

The license has however not been testet in court in many european countries. Among them is Denmark where I live.

Edited 2006-02-17 14:29

Reply Parent Score: 4

peejay Member since:
2005-06-29

A license for a piece of shrink-wrap software, may not be enforcable, in case it puts the user in a worse position than he had reason to believe when he bought the software (the software is in shrink-wrap and he is unable to read the license before buying).

That's not an excuse.

"YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND."

Reply Parent Score: 1

ma_d Member since:
2005-06-29

Remember that last part. And do it whenever you buy a new PC ;) .

Reply Parent Score: 2

RenatoRam Member since:
2005-11-14

Just because some company prints it on paper it does make it true.

The laws of a lot of countries put limit to what a contract can impose on the customer. If a clause is considered vexatory the customer has to agree to it SPECIFICALLY (with ANOTHER signature).

And still (even if a clause was agreed), a judge can rule a clause null because it imposes illegal restrictions no matter what. It happens all the time.

And EULAs are pretty much all void and null in the European Union. Tested in court many times, expecially in Germany.

Reply Parent Score: 5

Tweek Member since:
2006-01-12

I would love to see you get a full refund after you have opened the package and had the oppurtunity to read the EULA...

go ahead. oh wait, catch 22, you cant read the license saying you should return it, until the package is open, where the store wont accept it as a return.

Reply Parent Score: 5

aent Member since:
2006-01-25

For some reason, almost no store actually will accept the product back for this reason. Circuit City, Best Buy, and so on all will charge restocking fees and many places have no return policies, even if you disagree with the license agreement. Manufacturers like Dell don't care if you don't agree to the license, they won't give you a full refund. Also, another problem is that people steal the license key from the box after opening it and try to return it, making it even more difficult for people to disagree with the license agreement. If you try to return it to the place of purchase, chances are you're not getting a full refund.

Reply Parent Score: 1

cerbie Member since:
2006-01-02

"YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND"

How will they enforce the refund?

Reply Parent Score: 1

Googlesaurus Member since:
2005-10-19

Courts and others in the EU seem hell bent of forcing Microsoft into a corner. This is going to backfire on a grand scale at some point.

Reply Parent Score: 0

Get a Life Member since:
2006-01-01

What, Microsoft will cede the EU to someone else?

Reply Parent Score: 2

brulle Member since:
2005-09-21

> Courts and others in the EU seem hell bent of forcing Microsoft into a corner. This is going to backfire on a grand scale at some point.

What? Oh no, will they discontinue selling Windows in the EU? I think the MSFT shareholders would not like that.

Or will the corporate elites push for a US bombing campaign against Old Europe?

Or perhaps foreign companies should just abide by the rules of the countries in which they decide to do business.

It is reasonable that governments can protect customers from beeing ripped of by monopolist corporations.

Reply Parent Score: 5

rcsteiner Member since:
2005-07-12

Microsoft made the first several moves, not the courts, and not the EU. Their actions are a matter of public record:

http://www.usdoj.gov/art/cases/f3800/msjudgex.htm

Microsoft seems hell bent on telling the courts and the EU to go to hell instead of actually complying with the law and with the orders formally served upon them by the court. This is going to backfire on a grand scale at some point.

Reply Parent Score: 5