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Is the EULA about to become "unconstitutional"?

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BouncingAyatollah:
One very angry M$ consumer who suffered weeks of problems due to a Service Pack has hinted that the EULA may be about to be declared "unconstitutional". Interesting times!

http://www.theinquirer.net/?article=15001

Xeen:
Well this is certainly interesting. However I do not think anythings going to happen.

Indeed, when you install software and agree to the EULA, you are actually agreeing that you accept any flaws that the software may have. Since the guy agreed to it, MS can't be held responsible. It's like he signed a contract. Even if the EULA is declared unconstitutional, he still can't get any reward because he agreed to the EULA and installed the software BEFORE the ruling.

The other question I have now is based on what exactly is it going to be declared unconstitutional? I do not remember the constitution mentioning anything about holding businesses accountable for their products' flaws.

BouncingAyatollah:
I think the idea is that the EULA attempts to override Consumer Rights. In the UK at least a product should be "Of a satisfactory quality", "As described" and "Fit for purpose" (the purpose for which they are acquired). If a consumer finds goods failing any of these categories, under Consumer Rights they are entitled to replacements, refunds and if need be legal action. Therefore if this ruling goes through, all software will be accountable under the same rules, as the EULA cannot override basic Consumer Rights.

As an extra note - I have no idea of the specifics of US Consumer Rights btw but the gist will be the same I am sure.

WMD:

quote:Originally posted by BouncingAyatollah:
In the UK at least a product should be "Of a satisfactory quality", "As described" and "Fit for purpose" (the purpose for which they are acquired). If a consumer finds goods failing any of these categories, under Consumer Rights they are entitled to replacements, refunds and if need be legal action.
--- End quote ---


Even if this is true for the US, the Microsoft lawyers will spew their bullshit about "software maintenence" and whatnot, and brainwash the government again.  :(

mobrien_12:

quote:Originally posted by xeen:

Indeed, when you install software and agree to the EULA, you are actually agreeing that you accept any flaws that the software may have. Since the guy agreed to it, MS can't be held responsible. It's like he signed a contract. Even if the EULA is declared unconstitutional, he still can't get any reward because he agreed to the EULA and installed the software BEFORE the ruling.

--- End quote ---


I am not a lawyer.
From what I understand, if a contract is later ruled illegal or unenforcable, it is not binding.

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