Thread: Microsoft updates Windows without users' consent
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Old September 22nd 07, 11:00 PM posted to microsoft.public.windows.vista.general,microsoft.public.windowsxp.general,microsoft.public.windowsxp.help_and_support
No_Name
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Posts: 8
Default Microsoft updates Windows without users' consent
John John posted to
microsoft.public.windows.vista.general:

The contract would still be invalid regardless of what exceptions
were
written in it, it would be an illegal contract. Try assisted
suicide and see how many fancy agreements and lawyers got around
that one. Plain and simply the law states that you cannot write up
contracts that violate applicable laws, if it were otherwise there
would in fact be no law.

John

Bob I wrote:

Unless of course there is an exception to the "loan sharking" law
that says if you have the document notarized then it is ok to
charge rates above 60%. Carefully read the exemptions, as it isn't
black and white, and the "illegal" part isn't necessarily there.

John John wrote:

I have not really followed the discussion and I am not commenting
on
the EULA legalities. But...

An interesting fact in law is that you cannot have someone sign an
agreement to circumvent applicable laws and then claim indemnity.
For example, charging interest rates above a certain amount is
illegal
(loansharking). Let's say the that rates above 60% P.A. are
illegal. If you loan me money and tell me outright upfront that
you will charge me 120% interest, and if I sign the loan agreement
and accept your terms, you are still guilty of loansharking and if
I were to take you
to court you would lose. Even if I signed and accepted your
contract you would still lose because the contract violates the
law, it is an illegal contract.

John

Jupiter Jones [MVP] wrote:

As has been pointed out, paragraph 7 in the agreement.
If you accepted the agreement which is necessary for use, you
have already agreed to and been notified even though notification
may not have been what customers want.



Then you have really avoided the some of the lessons of "The Wild
West" (sm). Where there is not or cannot be reliable enforcement
there is no law, regardless of what is passed my legislatures,
regulators, etc. WTF do you think all the DRM bruhaha is all about?


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