Re: [dvd-discuss] Interesting 1st sale-shrinkwrap-EULA-(c)infringementcase

[Noah silva <nsilva(at)atari-source.com>]

> 
> I've been curious whether Microsoft's preload EULA is enforcable for similar
> reasons.  Their stuff comes preloaded on the hardware, and the EULA claims
> that if you don't agree to the terms you return the bits to the OEM.  The
> OEMs insist that it's not their problem, so talk to MS; MS says it's not their
> problem so talk to the OEM.  Neither way can you get a refund.  So, if there's
> no possibility of a refund -- is there really a contract?  Or did I just get some
> copyrighted material (similar to the owner's manual) that was just stuffed
> into the box?
> 
> (Also note that those preload EULAs are *extremely* restrictive.)
> 

This is an interesting question, because I was considering buying a
"fujitsu lifebook p" laptop.  This can come with windows Xp or windows
2000.  I don't want windows at all, so when I am actually buying it
(probably in a few months), I am going to ask for it without windows
installed.  If they refuse, I will try to return the windows copy. If they
refuse, I will just sell it.  I have heard of microsoft and others trying
to stop ebay sales, etc., so it ought to be interesting.

  -- noah silva