On Fri, 25 Apr 2008, John Oliver wrote:
A) How can they prove to a court that I have the software that is
covered by their EULA before searching? And, if they claim I have
"pirated" their software, how can they claim that I'm covered by the
EULA?
Your working off the assumption that M$'s software didnt call home, detect it
was pirated, then start sending everything you ever do/did to M$ which can be
presented in court. and what it sent is probably kept confidential. there is a
big difference between investigate and any potential charges.
B) Just because something is in a contract
(*especially* an EULA, which is on very shaky legal ground)
shaky granted but I dont want to go bancrupt just to prove I didnt steal that
copy of whatever.
You cannot "sign away" your Constitutional rights in a
contract.
sure you can you probibly do it all the time, just mostly minor things.
The Fourth Amendment does not apply to private entities, but
that doesn't mean that any private entity can conduct an "unlawful
search and seizure" of any other private entity.
15 seconds after they have some proof its no longer unlawful. the level of proof
is also not the same as for a gov. entity
Richard Reynolds
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