more on more on the Vista EULA allows self-help

[David Farber <dave () farber net>]

Begin forwarded message:

From: Richard Santalesa <rsantalesa () verizon net>
Date: November 29, 2006 5:44:45 PM EST
To: dave () farber net
Subject: Re: [IP] more on the Vista EULA allows self-help
Reply-To: rsantalesa () verizon net

Dave,

I am a lawyer and the answer to a previous email on this thread  
wondering "if an ISPs Acceptable Use Policy says you cannot do  
certain things, but the actual applicable law says that you cannot  
be  prevented from doing such things by an AUP, shouldn't the  
deceived customers have a cause of action?" is a resounding no -  
unless the statute specifically grants an individual cause of action.

While I haven't read the EULA in question yet, it no doubt has a  
savings clause that states, roughly, that any portion deemed not  
enforceable or contrary to law or public policy will be severed and  
the remaining contract will be valid and in effect.  Contracts  
contains clauses that are put in all the time that may or may not be  
enforceable at any given point based on the state of the law at the  
time of the breach.

Rich Santalesa

Sent from my BlackBerry wireless handheld.


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