Full Disclosure mailing list archives
Re: Yes, user education is a lost cause ;-)
From: "Ian Latter" <itsecurity () mq edu au>
Date: Thu, 22 Jan 2004 15:26:13 +1000
Unless of course you are like me and I am sure many on this list and purchased the software through a bundle from a manufacturer and have never used it, unpacked it, accepted the license... In this case the license agreement does not apply and some remediation should be possible because you have paid for "defective" software.
True; I forgot about the prebundling process - In a former role we had to drop a vendor because he refused to ship a computer without Windows costed into it (even though we were building a non-Windows server). Isn't the relationship still with Microsoft, only via their "agent"? IANAL2; thought presumably its condition to the terms with your supplier, in that case.
As another angle, the license agreement in these bundles is inside the bundle and by breaking the seal you "agree" to the terms of the license without having the chance to read the license. I recall reading about an Egghead case similar to this only focused on a store return policy and the position that if the package was opened the software could not be returned, even if defective...
I remember Microsoft getting into trouble over one of the Win98 distro's (an OEM ver?) that had a red tag that said something in the order of "in breaking this seal, you agree to the license agreement on the disc" - referring to the software that booted off the media; something that couldn't be read from the packaging without breaking the seal. Hmm can't find it .. maybe I am wrong .. I can only find this reference; http://nl.linux.org/geldterug/license.html to an article that has moved here; http://www.brethertons.co.uk/corporateFiles/corpFileIss26.doc regarding a Scottish court and Adobe. Yes, ok, it'll be in this lot; http://www.linuxmafia.com/refund/coverage.html That aside, point understood.
IANAL but perhaps there is one out there that has not tuned out this thread that can comment.
-- Ian Latter IT Security Officer Macquarie University _______________________________________________ Full-Disclosure - We believe in it. Charter: http://lists.netsys.com/full-disclosure-charter.html
Current thread:
- RE: Yes, user education is a lost cause ;-) Schmehl, Paul L (Jan 21)
- RE: Yes, user education is a lost cause ;-) Ron DuFresne (Jan 21)
- Re: Yes, user education is a lost cause ;-) Mattias Ahnberg (Jan 22)
- <Possible follow-ups>
- RE: Yes, user education is a lost cause ;-) Ian Latter (Jan 21)
- Re: Yes, user education is a lost cause ;-) Jason (Jan 21)
- Re: Yes, user education is a lost cause ;-) Ian Latter (Jan 21)
- RE: Yes, user education is a lost cause ;-) Remko Lodder (Jan 22)