RE: Computer Sabotage by Microsoft

[Jay Sulzberger <jays () panix com>]

On Thu, 11 Sep 2003, Rick Kingslan wrote:

>  "So I want my money back. I payed for a black box with specific features
> the font hack was one of the features. If they kill this feature, they kill
> my property and have to pay for it."
>
> Uhhhh.... Yeah.  That's gonna happen.  I suggest not holding your breath
> while you wait, however.
>
> -rtk

No.  Likely the case would be won in many jurisdictions.  There is a law of
buying and selling, and such absurd denials of most of this body of law as
the Microsoft EULAs will not stand.  But if we do not fight, Microsoft
might win some stuff here.  I recommend fighting.

Example: I cannot sell you a car with the proviso that you make no left
turns on Sundays.  Microsoft EULAs are often more absurd than this.  Indeed
the one we are discussing is worse: it says that you must accept invasion
of your computer and sabotage of the software.  Of course you do not have
to accept this EULA.  You bought a piece of hardware and now you are
running it in your house.  Microsoft gets to say nothing about what you do
with your bought and paid for computer in the privacy of your house.

oo--JS.


> -----Original Message-----
> From: full-disclosure-admin () lists netsys com
> [mailto:full-disclosure-admin () lists netsys com] On Behalf Of Stefan Esser
> Sent: Thursday, September 11, 2003 3:59 PM
> To: Rainer Gerhards
> Cc: full-disclosure () lists netsys com
> Subject: Re: [Full-disclosure] Computer Sabotage by Microsoft
>
> Hello,
>
> > I can understand you frustration of no linux & cracked games anymore,
> > but "written permission"... Well, well...
>
> You misunderstand me completely beside the fact that you accuse me of
> creating copies of games. I am the person who cracked the xbox open via the
> font hack and I am not frustrated at all, because I can revert the illegal
> changes of MS to MY hardware anytime. It is just that MS has no fucking
> right to autoupdate my box. No matter if I am a LIVE customer or not. They
> can terminate my license and pay me my money back if the update is really
> needed, which it is not.
>
> > As you said "it *finally* happened" ;) If you purchase that blackbox
> > design, you get what you pay for. Microsoft never said it did these
> > things that you try to do. While there are good points to blame them,
> > I think this time it is not. It is simply doing what it was supposed to...
>
> There is NOT a single word in the whole EULA and documentation of the XBOX
> that it will not execute nonsigned software. I found a way to work around
> this defect. Microsoft destroyed that way, they killed one of the features
> (again... nowhere in the docu is written that this is NOT one of the
> features) So I want my money back. I payed for a black box with specific
> features the font hack was one of the features. If they kill this feature,
> they kill my property and have to pay for it.
>
> Yours,
> Stefan Esser
>
> --
>
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