Alias wrote:

J. P. Gilliver (John) wrote:

The essence of the unfair contract terms legislation is that any
term which you cannot be aware of before the contract is in place is
deemed invalid. (IANAL by the way!) But they could probably claim that
you were aware of the requirement to check the net, and going ahead
anyway without doing so (by using someone else's access) was a breach.
It probably needs a test case to try it out; AFAI am aware, there hasn't
been one, but I don't follow such things closely.

MS will never take anyone to court because they don't really want their
EULA under court scrutiny.

I believe John was suggesting someone should take MS to court, not the
other way round.