2008/5/19 Sandip Bhattacharya <[EMAIL PROTECTED]>: > Just thinking. If I am the manufacturer, would I care if you accept or do not > accept > the EULA? As long as you don't violate the terms of the EULA (no matter that > you > did not accept it). >
Interesting .... I did not buy a product from M$ nor I paid for it (the manufacturer may have done) so there is no contract between me and M$? Without any consideration can there be a valid contract? Lawyers can jump in here but since the manufacturer claims no value due to me for not accepting EULA does it become a gift? How come M$ can prosecute me for use of intellectual property which is pushed down my throat as a gift? (Assumption is that I get around and get installation completed without accepting EULA) Going back to Manish. So would it be valid argument that the manufacturer has sold me a defective product? Since it does not work without acceptance of EULA which has no value? Did they say you had to accept EULA at any time during the sale? They may have said comes with Vi$ta but did they specifically ask you when selling the product that you will have to accept EULA? Or after the purchase they are coming out and saying okay we will give you a refund? If the latter then instead of asking for a refund why not ask for replacement? They can not impose additional conditions when you ask for replacement and as long as the computer does not work without acceptance of EULA they are giving you a deficient product and service and at worst you are entitled for replacement of defective product.....couple of times of this back and forth and I am sure consumer court can be involved for a penalty for giving you time and again a defective product. [EMAIL PROTECTED] what contract they have with IP holder you do not have any contract till you accept EULA (at worst) Comments?? Am I being nuts?? -- Regards, Sudev Barar Read http://blog.sudev.in for topics ranging from here to there. _______________________________________________ ilugd mailinglist -- ilugd@lists.linux-delhi.org http://frodo.hserus.net/mailman/listinfo/ilugd Next Event: http://freed.in - February 22-24, 2008 Archives at: http://news.gmane.org/gmane.user-groups.linux.delhi http://www.mail-archive.com/ilugd@lists.linux-delhi.org/
