[Microsoft] MS intros ultra-liberal 'write your own licence' scheme

The Register USA ^ | 9-12-2002 | John Lettice

[JameRetief]

MS intros ultra-liberal 'write your own licence' scheme

By John Lettice

Posted: 09/12/2002 at 05:17 EST

When it comes to Microsoft's new-look licensing agreements it's not all downhill, apparently. The texts you have to agree to in order to install Microsoft stuff have been getting tougher, but hey, if you don't like it you can just write your own and sign that instead.

No, really! Take a look here, where down at the bottom you will find the EULA for the Windows Driver Development Kit. Select all, then press delete.

Now, you can insert your own agreement, haiku, plea for world peace, laundry list or whatever, and then accept it. Hurry hurry hurry, before Microsoft changes its mind and abandons DiY licence agreements. You didn't want the DDK anyway? Neither did we. Never mind.®

[JameRetief]

Technology Incompetence Ping!

[rdb3]

It worked!

Now, would MS be legally bound that that license that I "accepted?"

[rdb3]

The Penguin Ping.

Wanna be Penguified? Just holla!

Got root?

[Darth Sidious]

Now, would MS be legally bound that that license that I "accepted?"

Did they let you through to download their product?

Well, that's "acceptance of contract" in my book. BTW, I just took over all software code and derivative products, software licenses, and all other assets (both tangible and intellectual) of Microsoft.

You can keep Windows on your system. Just send me your check/money order for $199.

[rdb3]

Did they let you through to download their product?

Sure did. I even started to download it, but you can't install .exe on Linux.

Talk about a slip-up!

[stainlessbanner]

bump

[Jalapeno]

The programmer at MS probably used that control to display the EULA because they thought it was 'cool work'.

[Jalapeno]

Are there Freeper discounts?

[Ernest_at_the_Beach]

Bill is losing control, heads will roll!

[matrix]

I downloaded IE 6 service pack 1 yesterday and was surprised that Microsoft had included "Arabic Language Support" as part of the package! I deleted it, but what's MS up to?!

[MainFrame65]

"I am not a lawyer, and I don't play one on this forum...."

But if I remember Business Law 301 from 10 years ago, the EULA is a proposed contract, according to the Universal Commercial Code (UCC). You may make a counter proposal by modifying it and returning it to the other party. If the other party is a business firm and not a private party, they have 30 days to reject the new terms or they become the new agreement and are legally binding on both parties. An interesting possibility....

[rdb3]

I guess it is since I modified it, and not through any act of fraud, either. It allowed me to change it, and I submitted it back to them.

I'm not a lawyer, either. But if I read you correctly, MS would have 30 days to modify what I said, else it becomes the actual EULA.

Is that correct?

[MainFrame65]

Let me repeat that I am not a lawyer, and certainly would not presume to give legal advice. I took that course 10 or 12 years ago, and sold the book after I finished my MBA and discovered that they were still using the same text. What I am saying here is that you would need to check this out yourself, even though I had the top grade in the class.

Anyway, the UCC is a "model" code that states may adopt in its entirety or selectively, or modify as they see fit. I believe that most states use it with slight modifications. And the UCC specifically places a higher burden on a merchant than an individual. As I recall, part of that is that an individual has to acknowledge by some act his acceptance of revised contract terms, although this act might simply be to perform any act under the agreement after receiving notice of the revision. A merchant, on the other hand, need not overtly acknowledge such acceptance, which would be signified by an absence of notice of non-acceptance.

All of this would be subject to state law, probably of the state where the business resides - check the original contract/EULA.

On the other hand, don't believe everything you read here - especially from me!