No.

Spidey · Post by **Spidey** » Fri Jan 02, 2009 2:44 pm

Can you please site the case.

I don’t know, we need a legal contract expert in here, but I do believe you “can” give up your legal rights by entering into a contract. It happens all the time.

Joining the military is one case that comes to mind.

I also recently gave up all my rights to contest a case, by settling out of court.

I believe there are certain fundamental “human” rights that cannot be signed away.

snoopy · Post by **snoopy** » Fri Jan 02, 2009 4:36 pm

Spidey wrote:Can you please site the case.

I don’t know, we need a legal contract expert in here, but I do believe you “can” give up your legal rights by entering into a contract. It happens all the time.

Joining the military is one case that comes to mind.

I also recently gave up all my rights to contest a case, by settling out of court.

I believe there are certain fundamental “human” rights that cannot be signed away.

There's probably a "reasonable-ness" part to it. for example, if some software company wrote into their EULA that they would legally assume ownership of your car upon the 100th use of the program, I'd imagine a court would throw it away, because it's silly for the software company to claim any connection between their software and your car. On the other hand, I could see the court supporting the repossession of your car by a creditor that you reuse to pay.

Another example (maybe more pertinent) is that of possession of creative product. If adobe claimed that everything created (or modified) by photoshop legally became their property, I'd imagine that a court would probably not support the claim. On the other hand, if my employer claimed ownership of something that I designed while working for them (I'm an engineer), a court would probably side with them.

fliptw · Post by **fliptw** » Fri Jan 02, 2009 4:39 pm

depends on the state you are living in. Short of it: some legislation have priority or outright ignore contracts, regardless of how said contract comes into force.

For one, you can't legally consent to a contract that does something illegal.

Spidey · Post by **Spidey** » Fri Jan 02, 2009 4:48 pm

Agreed, a contract must be legal and binding to begin with.

Snoopy, did you ever read the EULA for DMB?

woodchip · Post by **woodchip** » Fri Jan 02, 2009 10:46 pm

I can see some limited use by microsluts scheme. Say you own a small scientific research company and need some really high speed computing done for a pending application. You don't have enough jingle to buy a Crays super computer but you may have enough to lease a weeks worth of time. Or maybe you are a large corporation that when you have looked at the cost of servers, desktops and techy's to maintain them, rent may be attractive. Good way to control each employee from spending too much time on the internet in all the wrong places as now you would have a log of what,where and how much time each employee was using the computer.
As in all things there is always some good and some bad.

DarkHorse · Post by **DarkHorse** » Sat Jan 03, 2009 6:07 am

Gekko71 wrote:The thing that bothers me DarkHorse is that the whole idea opens up numerous nasty worm-cans.

Pure speculation. They could keep a database of everything you do with your machine as well (like Google does with searches) if they wanted to, but they don't need to provide any additional incentives for developing Linux into a useful piece of software, or, more significantly, pushing their users onto OS X which is already as user-friendly as Windows.

SirWinner · Post by **SirWinner** » Sat Jan 03, 2009 12:08 pm

Another idea from Microsoft to steal even MORE money for a Version of Windows that is likely to do worse than Windows Vista!

*** Side Note *** Even though Microsoft says that they don't gather personal information from your PC... It has been proven that Windows Genuine Advantage DOES send back personally identifiable information to their servers from your own PC! (User ID, Serial Number, etc!)

Too bad that Microsoft doesn't GIVE Windows for FREE!

They make so damn much money on much of their other OVERPRICED products it would make your head spin!
- As for me, Open Office by Sun Microsystems is priced perfect... Free and it works better that the Microsoft Office suite for me.

I, for one, am tired of the release a NEW Version of Windows that isn't backwards compatible... as well as being FORCED to upgrade Windows to use other Microsoft products.

It is just like Microsoft to release a \"NOT Ready for Prime Time\" product to patch the heck out of it for years!

I REFUSE to pay for the OS more than 1 time or to pay for the options that I use in Windows.

At the moment for my HOME PC, Windows XP will be used even when I upgrade to a NEW PC!

What Microsoft needs is someone to do like GeoWorks Ensemble did concerning Windows 3.1 ... In other words, write a Windows OS Clone that performed much much better than Windows 3.1!
- Too bad not enough people bought that product to make it the de facto Windows OS product.

Too bad that darn Internet Explorer is TOO tired to the Windows OS in Windows XP and above.

Being FORCED to use Internet Explorer for Windows Updates just plain sucks.

My preference is NOT to use that extremely security hole laden Internet Explorer... Firefox is a much much better Internet Browser for me.

Testiculese · Post by **Testiculese** » Sat Jan 03, 2009 12:19 pm

Don't use Windows Update, then SW. I only patch with Service Packs. I haven't had a need to open IE in three years, I think.

SirWinner · Post by **SirWinner** » Sat Jan 03, 2009 12:35 pm

I ONLY use Internet Explorer for Windows UPDATES!

If I did ONLY the service packs for Windows XP, then some PCs that I have to maintain wouldn't work correctly with the Service Pack 3!

Service Pack 3 has caused me problems on 2 or 3 PCs in recent history.

On another PC, EVERY time that Windows Updates the Sound Driver, the Sound Driver is screwed up until I use to OLD Sound Driver.

I do the custom Windows Updates based on MY schedule NOT Microsoft's! No AUTOMATIC Windows Updates for me!

Tunnelcat · Post by **Tunnelcat** » Sat Jan 03, 2009 12:42 pm

Definitely use manual 'custom' updates and NEVER let Microsoft update any drivers, as you found out.

Spidey · Post by **Spidey** » Sat Jan 03, 2009 1:27 pm

I “let” MS update my soundcard drivers just this week…worked like a champ, and fixed a very annoying problem.

Although, I never update any drivers that are already working ok…unless they are installed in a service pack.

Sirius · Post by **Sirius** » Sat Jan 03, 2009 2:44 pm

I just noticed that posts littered randomly with capitalised words look like they could be advertisements or legal clauses in addition to rants...

Ferno · Post by **Ferno** » Sun Jan 04, 2009 12:05 am

Sirius wrote:I just noticed that posts littered randomly with capitalised words look like they could be advertisements or legal clauses in addition to rants...

lol. way to shoot your mouth off bud.

Sirius · Post by **Sirius** » Sun Jan 04, 2009 1:12 am

Gekko71 · Post by **Gekko71** » Sun Jan 04, 2009 8:39 am

DarkHorse wrote:
Gekko71 wrote:The thing that bothers me DarkHorse is that the whole idea opens up numerous nasty worm-cans.
Pure speculation. They could keep a database of everything you do with your machine as well (like Google does with searches) if they wanted to, but they don't need to provide any additional incentives for developing Linux into a useful piece of software, or, more significantly, pushing their users onto OS X which is already as user-friendly as Windows.

Yes it's pure speculation. But I find it difficult to maintain caution without speculation to some degree.

Personally I would rather speculate early and be wrong, rather than fail to speculate and thereby miss an emerging pattern.

On further reading, it looks like MS is using this pay-as-you-go technology in order ot bring cheaper computing to poorer nations - much like pre-paid mobile (cellular) phone contracts. I personally see this as both a blessing and a curse. Cheaper up front computer infrastructure costs for poorer nations is a good idea. Unfortunatly the pre-paid mobile billing they compare it to is the most profitable income stream for cellular telecoms (In Aust. it is anyway) as you end up paying more in the long run. This may not be the same - but I'm skeptical.

It also takes poorer nations away from open source systems and software, which is terrible.

Link: http://www.computerworld.com/action/art ... Id=9000670

Sirius · Post by **Sirius** » Sun Jan 04, 2009 3:32 pm

Oh. Hadn't thought of that. That is a potentially useful application.

Also, there already is that XO thing. I'm pretty sure that's near 100% open source. However, at introductory levels I don't think people in the developing world will much care about the concept; if they can get access to things like the internet and e-mail, that's already a huge step forward for many of them.

Re:

Re:

Re:

Re: