Friday, November 17, 2006

User paid to uninstall Windows XP User paid to uninstall Windows XP

BBC NEWS: User paid to uninstall Windows XP indicates that Dell, at least, has figured out that if they and Microsoft want to be able to enforce click-wrap licenses, that they have to be willing to pay up when the license is declined. Otherwise, of course, the there would be no consideration supporting the license, and, thus, the license would not be legally binding.

A while back, the software companies and the companies that sold their wares were not as cognizant of this problem. Thus, you would could purchase software, go to install it on your computer, reject the license, and the vendor who sold the product would then refuse to refund because the package had been opened. But that meant that the consideration applied to the media, and not the software. Theoretically, this would allow for violation of the click-wrap or shrink-wrap license on the grounds that there was no consideration supporting it. And, thus, the software could be potentially installed on multiple computers from the one purchased set of media.

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