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"Self Help" in Microsoft's Vista EULA

11/23/06 | by Adam | Categories: Copyright

Link: http://www.theregister.co.uk/2006/11/22/vista_eula_worries/

Interesting article on the Register about the process of "self-help" wherein one party to a contract can unilaterally deprive the other member of the contract. In the case of Vista, the discussion is about Microsoft's ability to terminate the user's access to the software based merely on their say so.

There's also an interesting paragraph about the enforcibility of the EULA:

Microsoft may have some trouble if it tries to enforce its EULA terms in a court in Washington State - especially if that court is running a computer using Vista. You see, all software license agreements with the courts in Washington State contains a "no self-help code" warranty where the vendor warrants that there is no "back door, time bomb, drop dead device, or other software routine designed to disable a computer program automatically with the passage of time or under the positive control of a person other than a licensee of the Software". Thus, the Vista EULA terms would not apply to the Washington State courts!

 

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