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On 09/28/2012 03:46 PM, Wolfgang Keller wrote:
On 18/09/2012 at 20:13, Doug <> wrote:

 Note, too, that the old argument, "I bought it, 
so it's mine," will be out the window--if it's rented, it clearly
is not yours to copy, etc.
As far as I remember, it was never yours. Most EULAs forbid e.g.
reselling of box copy. They clearly state that they grant you right
to use software, nothing more.
Depends on legislation & jurisdiction in the relevant country.

Over here where I currently subsist, Microsofts' "EULA" is afaik
essentially illegal and irrelevant. Especially concerning the "reselling
interdiction". This has been ruled out in court something like two
decades ago or so.

The most irrelevant part of Microsoft's EULA is the one that states
that if any clause of the EULA is invalidated in court, all other
clauses shall still apply. Because it's afaik a very basic principle of
jurisdiction over here that if the judge considers any clause of an EULA
(or any other contract) as deliberately abusive, then the entire
contract is invalid as a whole and the court will establish the rules to

I'm not a lawyer, however. I've just read an article written by some
lawyer about the subject a long time ago.



The severability clause in a contract is enforceable in some
jurisdictions under contract law. In the US some states have consumer
protection laws that may invalidate part of a standard contract for the
state residents. If the standard EULA has clause voided by state law
those clauses are replaced by the applicable law and the rest of the
EULA is left in force. Usually the US contracts have some wording about
state laws superseding the contract if the laws are favorable to the
consumer. This is done to avoid 50 slightly different warranties/EULA's.

Jay Lozier

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