Microsoft is not responsible

[rolanni]

What kind of contract includes a provision that one of the parties has the right to violate the contract with impunity? Well, the Windows XP EULA for one, as an interesting analysis of Microsoft's legalese points out.

Read the rest of the story

Oh, the relevant language? Here you go:

OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Comments

[scaleslea.livejournal.com]

I pretty much assume that all software EULA's basicly promise that I will agree to serve as the CEO's cabana boy on demand and absolves the company of all crimes past, present, and future. I don't think it will stand up in court in a real case.

Doc

[wilfulcait.livejournal.com]

For all that people gripe about the jury system, it's juries that protect us from overreaching crap like this. I would hate to be the lawyer for MS arguing that people voluntarily waived their protection against intentional torts.

[jilltanith.livejournal.com]

Ooh, yet another reason to hate WinXP and be glad I switched to Mac!

(Oh, btw, if you have a minute maybe you could add the close italics code to this entry? My whole fpage below it is now italicized . . .)

[rolanni.livejournal.com]

(Oh, btw, if you have a minute maybe you could add the close italics code to this entry? My whole fpage below it is now italicized . . .)

*blinks*

Really?

Let's see what I can do...

[rolanni.livejournal.com]

...that work?

[jilltanith.livejournal.com]

Yes! Thank you!