Suppose I need a piece of software that will wash, dry, and iron my clothes.
I find BigCompany WashDryIron 2002. I've researched the competition, and this product meets my specifications much better than any of the competitors.
I go to CompUSA. The box says there's an EULA inside. Now, I *KNOW* that on technical merit, this is the best product, so I buy it. Then I open it up, and find the EULA says, "All your clothes are belong to us. If you don't like this EULA, return the software to your retailer."
Now what?
She accepted the terms of the box when she purchased it. Those terms were essentially, "You may not like what you have to agree to in here so consider that before you buy,"
But how is she supposed to be an INFORMED CONSUMER? Capitalism is based on the notion of an informed consumer making choices in the free marketplace. How can she make an informed choice, if she doesn't have the information?
2. Women opens box which says, on the outside, you have to agree to the EULA on the inside. It is apparent at this point that she cannot actually read at all.
So how, exactly, is she supposed to find out the terms of the EULA without opening the box? And then what is she supposed to do if she doesn't accept the EULA terms? Why is it apparent that she can't read?
Re:What next, Class Action Suit against swimwear?
on
California EULA Lawsuit
·
· Score: 4, Informative
But the situation was this.
1. Woman goes to CompUSA. Buys retail boxed software. 2. Woman opens box, reads EULA (which she cannot read w/o opening box). 3. EULA contains terms she finds onerous. The EULA specifically says, "return to vendor for refund if you do not accept". 4. Vendor refuses to make refund.
I assume she's suing all of them because MS and Symantec won't give direct refunds if the vendor won't make good, and the Vendors (CompUSA and Worst^WBest Buy) because they have her money and won't make good per the EULA, so she can't get it back.
How was the changeover? I'm debating whether or not to go from straight SBC DSL to SBCYahoo!DSL. I guess I want to know whether it's worth it to do it now or wait until the email "Congratulations, you are now an SBC Yahoo! DSL customer"
My dad had a stroke a few years back... and one of the side effects was that his gag reflex was gone. Now to the point...
Last summer, he had a pancreatic infection, which caused hiccupping (yes it does!). Not just hiccupping, but 24/7 hiccupping. The problem is that the gag reflex is one of the human body's main defenses against hiccups. Since he had no gag reflex, he couldn't stop. After a week of this, he looked like death warmed over. They finally figured out what drugs to give him to get him to stop. (Sorry, can't remember the name).
If you've never had 24/7 hiccups, believe me, it sounds funny, but it is no picnic at all...
No, the RIAA and MPAA will lobby to have these ships declared illegal, since clearly the only purpose of the onboard 802.11b net is to pirate copyrighted materials!
the tell-tale here is their decision to go after some little nobody to establish precedent
That's because they learned from experience. They were on the receiving end of the BT hyperlink suit (SBC owns Prodigy). They learned NOT to go after deep pockets first.
SBC seems to have learned a bit from that suit. Remember, SBC was the defendant (they own Prodigy).
They learned to file suits on stuff where there most likely is prior art.
The first articles I saw claimed it was frames they'd patented. Netscape 2 had frame support in '95.
They learned to file the first suit against someone without deep pockets
BT filed suit against Prodigy. Prodigy was owned by SBC, who probably had deeper pockets than BT. SBC is filing against Museumtour. Who ever heard of them before this suit?
(who still has a TurboPascal in the original shrinkwrap with the little handwritten pricetag on it from the mom&pop computer shop that sold them in his neighborhood back in the 80s)
OK, what version (1, 2, or 3)? Anything past 3 isn't noteworthy. And how did you know to save it as a collectors item?
Slashdot Mirror
And I'll say it again...
"Equality of Opportunity does not Equal Equality of Results".
Suppose I need a piece of software that will wash, dry, and iron my clothes.
I find BigCompany WashDryIron 2002. I've researched the competition, and this product meets my specifications much better than any of the competitors.
I go to CompUSA. The box says there's an EULA inside. Now, I *KNOW* that on technical merit, this is the best product, so I buy it. Then I open it up, and find the EULA says, "All your clothes are belong to us. If you don't like this EULA, return the software to your retailer."
Now what?
She accepted the terms of the box when she purchased it. Those terms were essentially, "You may not like what you have to agree to in here so consider that before you buy,"
But how is she supposed to be an INFORMED CONSUMER? Capitalism is based on the notion of an informed consumer making choices in the free marketplace. How can she make an informed choice, if she doesn't have the information?
2. Women opens box which says, on the outside, you have to agree to the EULA on the inside. It is apparent at this point that she cannot actually read at all.
So how, exactly, is she supposed to find out the terms of the EULA without opening the box? And then what is she supposed to do if she doesn't accept the EULA terms? Why is it apparent that she can't read?
Thanks for the info.
But the situation was this.
1. Woman goes to CompUSA. Buys retail boxed software.
2. Woman opens box, reads EULA (which she cannot read w/o opening box).
3. EULA contains terms she finds onerous. The EULA specifically says, "return to vendor for refund if you do not accept".
4. Vendor refuses to make refund.
I assume she's suing all of them because MS and Symantec won't give direct refunds if the vendor won't make good, and the Vendors (CompUSA and Worst^WBest Buy) because they have her money and won't make good per the EULA, so she can't get it back.
I live in California! Think the settlement (assuming it goes class action) will be enough for me to retire on? :P
You'll get a coupon for $5 off your next purchase of Norton AV, SystemWorks, or MS XP Upgrade.
Internet Provider: SBC Yahoo! DSL
How was the changeover? I'm debating whether or not to go from straight SBC DSL to SBCYahoo!DSL. I guess I want to know whether it's worth it to do it now or wait until the email "Congratulations, you are now an SBC Yahoo! DSL customer"
How is an article in BusinessWeek a threat to Microsoft?
I think he meant which control does it try? I've never seen one either.
Given that slashdot is running Apache on Linux, I find it hard to believe they'd use ActiveX controls.
My dad had a stroke a few years back... and one of the side effects was that his gag reflex was gone. Now to the point...
Last summer, he had a pancreatic infection, which caused hiccupping (yes it does!). Not just hiccupping, but 24/7 hiccupping. The problem is that the gag reflex is one of the human body's main defenses against hiccups. Since he had no gag reflex, he couldn't stop. After a week of this, he looked like death warmed over. They finally figured out what drugs to give him to get him to stop. (Sorry, can't remember the name).
If you've never had 24/7 hiccups, believe me, it sounds funny, but it is no picnic at all...
compaq did this a while ago as well as making XP the ONLY MS os they would install dropping 2k and ME
So what did they preinstall on servers? Tru64? Linux? (Hint.. there is no such thing as XP Server).
Translation:
"We won't be able to throw as much money at congressmen as we used to, and other people might have more of a say!"
Of course. That would be practically every column, because in them he has bits that he needs to tell us, "We are not making this up'
Is there anything which you HAVE made up/
We are not making up this question.
How do you think it will be in a few years when you can buy things, legally, anywhere else in the world that you cannot buy in the US
Two words. Cuban Cigars.
*pats his Athlon 2200+*
:-)
I hope that was the system and not the CPU itself!
Otherwise, you just burned your hand and static-fried the chip!
The difference is that because Linux is GPL, IBM and SGI have to release their tweaks. They can't keep them proprietary.
That may be true... But he still wasn't King of Gondor and Minas Tirith. He would have been Steward of Gondor and Prince of Ithilien.
Department: Civil & Enviro Engineering
M.E.s have a technical term for what Civil Engineers build. The term is "Targets".
No, the RIAA and MPAA will lobby to have these ships declared illegal, since clearly the only purpose of the onboard 802.11b net is to pirate copyrighted materials!
Where can I get my free Kevin?
the tell-tale here is their decision to go after some little nobody to establish precedent
That's because they learned from experience. They were on the receiving end of the BT hyperlink suit (SBC owns Prodigy). They learned NOT to go after deep pockets first.
They learned to file suits on stuff where there most likely is prior art.
The first articles I saw claimed it was frames they'd patented. Netscape 2 had frame support in '95.
They learned to file the first suit against someone without deep pockets
BT filed suit against Prodigy. Prodigy was owned by SBC, who probably had deeper pockets than BT. SBC is filing against Museumtour. Who ever heard of them before this suit?
I think you don't ned lawyers for that.
(who still has a TurboPascal in the original shrinkwrap with the little handwritten pricetag on it from the mom&pop computer shop that sold them in his neighborhood back in the 80s)
OK, what version (1, 2, or 3)? Anything past 3 isn't noteworthy. And how did you know to save it as a collectors item?