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  Arkansas man attempts to sue Microsoft for quite a lot of money :D 
 
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Rhort Aug 22, 2011, 07:15am EDT Report Abuse


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~ The manual said "Requires Windows '95 or better" ...so I installed Linux!
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Reason Aug 22, 2011, 12:58pm EDT Report Abuse
>> Re: Arkansas man attempts to sue Microsoft for quite a lot of money :D
Interesting idea. Sounds like it may have a somewhat sound legal base, i'd be interested to see what the courts think.

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Ultima Ratio Regum
john albrich Aug 22, 2011, 06:34pm EDT Report Abuse
>> Re: Arkansas man attempts to sue Microsoft for quite a lot of money :D
.
Many contracts have a "who can modify the contract" clause. If the licensee is not on the list, or is specifically excluded then it's a no-go.

For example, many licenses/contracts have a clause that says in effect that the contract is absolute. NO ONE other than an "authorized" agent of the company can make at any time, any other representation in speech or in writing to change the terms. (i.e. even if a Microsoft employee tells you DIFFERENT information on how you can use the operating system (e.g. tells you it's "OK" to move your OEM Operating System to another computer), what he/she told you is MEANINGLESS whether it was over the phone, online (email/chat/forum/etc), or hardcopy. So IF you violate the terms of the license/contract based on what you were "told", Microsoft can still come after you. And remember, most companies usually reserve the right to modify the contract at any time and without individual notification. So even IF an employee told you something and even IF it was deemed binding, it may be superceded by a later "formal" Microsoft revision of the license and blow your case away anyway.)

Contract law differs from state to state however, so it could be interesting.

Many companies incorporate in Delaware for its tax structuring and its strong laws that tend to favor corporations.

http://www.microsoft.com/investor/InvestorServices/FAQ/default.aspx
"Microsoft was incorporated in the state of Washington on June 25, 1981; reincorporated in the state of Delaware on September 19, 1986; and reincorporated in the state of Washington on November 1, 1993."



edit:
added the "For example..." paragraph

Jon Bailey Aug 22, 2011, 07:54pm EDT Report Abuse
>> Re: Arkansas man attempts to sue Microsoft for quite a lot of money :D
LOL, this guy is nuts, obviously he didnt read the 'provider of service' clause in the contract which stipulates that only the service provider can issue or alter the contract which he has agreed to.... microsoft could happily counter sue.

"The world is a temple to the self, and these days, there's alot of believers"
john albrich Aug 22, 2011, 11:15pm EDT Report Abuse
>> Re: Arkansas man attempts to sue Microsoft for quite a lot of money :D

I tend to agree, but courts also have been acting squirrely. In some states, certain "standard" contract clauses are illegal/unenforceable. Warranties come to mind in particular. Some states allow limitations as per contract, other states say "No, such limitations void the contract in whole or in part". Most contracts are written that if one part is ruled unenforceable in court, it does NOT render other parts of the contract unenforceable.

In the current political climate, I could see some west coast court trying to "legislate from the bench" and change contract law by saying something like, "Disallowing mutual renegotiation of a contract is unfair and unenforceable. Provided sufficient notice is provided, every party must have equal power to renegotiate any contract in good faith, blah, blah, blah."

Jon Bailey said:
LOL, this guy is nuts, obviously he didnt read the 'provider of service' clause in the contract which stipulates that only the service provider can issue or alter the contract which he has agreed to.... microsoft could happily counter sue.


Reason Aug 23, 2011, 12:21am EDT Report Abuse
>> Re: Arkansas man attempts to sue Microsoft for quite a lot of money :D

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Ultima Ratio Regum
Meats_Of_Evil Aug 23, 2011, 02:12am EDT Report Abuse
>> Re: Arkansas man attempts to sue Microsoft for quite a lot of money :D
It's refreshing to see some people trying to be "smart" to prove a point but he will only loose money in the end.

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Everything I write is Sarcasm.
Rhort Aug 23, 2011, 04:49am EDT Report Abuse
>> .
The point I took from this was that he wasn't really expecting to take US$500Bn but that he was attempting to highlight the disparity between the rights of the individual and the rights of the organisation, where often the individual has terms and conditions foisted upon them with no apparent recourse. Unfortunately, I think this will just lead to a tightening up of the contracts and EULA that everyone is forced to agree to before using products or services. Nice idea though.

_________________________________________________________________________________
~ The manual said "Requires Windows '95 or better" ...so I installed Linux!
Sean Costello Aug 23, 2011, 09:35am EDT Report Abuse
>> Re: Arkansas man attempts to sue Microsoft for quite a lot of money :D
This is actually pretty damn funny hahaha.

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Story of My Life- http://www.youtube.com/watch?v=c764JWVt5Fw
Meats_Of_Evil Aug 23, 2011, 01:33pm EDT Report Abuse
>> Re: Arkansas man attempts to sue Microsoft for quite a lot of money :D
Hmm... a thought just stumbled into my head. What if this case gets to a judge in court and the judge is an extreme Apple fanboy and he wants to end microsoft once and for all, or what if Apple manages o buy all judges? :O


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Everything I write is Sarcasm.
john albrich Aug 23, 2011, 11:10pm EDT Report Abuse
>> Re: Arkansas man attempts to sue Microsoft for quite a lot of money :D
Meats_Of_Evil said:
Hmm... a thought just stumbled into my head. What if this case gets to a judge in court and the judge is an extreme Apple fanboy and he wants to end microsoft once and for all, or what if Apple manages o buy all judges? :O


Suggesting there are corrupt judges? Next you'll be telling us we can't trust our politicians!

Shame on you for posting such an accusation...

I "see something", and by golly I'm gonna say something...to She who must not be named.




;)



 

    
 
 

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