On 4/3/07, MB Software Solutions <[EMAIL PROTECTED]> wrote:

> Dave Crozier wrote:
> > You may not:...  work around technical limitations in the software

> But would it be enforceable in a court of law?

MB: beating a dead horse.

http://www.tedroche.com/blog/?p=1369

Posted January 29th, 2005 (Additional links in the original)

"VFP 9 EULA posted to FoxForum Wiki
By Ted Roche

"Andrew MacNeill points out that the VFP 9 EULA is posted in its
entirety to the FoxForum Wiki at
http://fox.wikis.com/wc.dll?Wiki~VFP9EuLA~VFP.";

"It's great to see the brain-dead requirement of having to uninstall
previous versions has been removed. However, there are some really
bizarre new phrases added. Rush Strong points out the weirdest: "You
may not.. work around technical limitations in the software," Excuse
me? That's how I have made my living for the past fifteen years. VFP
doesn't include your inventory system, but that's a technical
limitation I can help you work around. Yes, it's true that DROP TAG
ALL will remove all relations, but I know of a product that works
around that technical limitation… VFP crashes when used with some HP
drivers, but there's a technical work-around on the Microsoft
KnowledgeBase that lets me work around this technical limitation."

"I find it hard to believe that such a silly requirement could be
enforced in court. On the one hand, OJ was found innocent and Sacco
and Vanzetti executed. On the other, Microsoft was found guilty,
guilty, guilty. I have neither the money nor the interest in finding
out what is and isn't enforceable in the EULA! But I think a lawyer at
Microsoft needs to be flogged for writing such nonsense."

- End of old post. New rant begins here -

Once MS started putting silly, meaningless phrases in their license,
it was obvious they were not interested in doing business with people
who wanted to use their product. Imagine your corporate attorney
asking you "Did you work around any technical limitations in the
software in the course of developing this application?" How could you
answer? Did you make a cursor Read/Write? Did you hack an FRX to do
things the Report Writer doesn't let you do? Did you create a view
that can't be loaded in the View Designer? It's a proposterous
standard to be held to, and it makes it clear that MS thinks they can
control the minutia of how their software is used. I cannot risk
spending my time and money in court debating what the EULA means in a
court of law. If Microsoft cannot write a license I can clearly
understand and agree to, I cannot in good conscience use their
product. Time to move on.
-- 
Ted Roche
Ted Roche & Associates, LLC
http://www.tedroche.com


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