MESSAGE
| DATE | 2003-02-10 |
| FROM | Ruben I Safir
|
| SUBJECT | Re: [hangout] Re: [fairuse] Re: E-Gov-OS conference
|
AND THE BEAT GOES ON....
Do not put Criminals on the egov-OS Panel!
http://news.com.com/2100-1001-983988.html?tag=fd_top
A California woman is suing Microsoft, Symantec and some software
retailers, claiming the companies "concocted a scheme" to mislead
consumers by requiring them to consent to software licensing agreements
they haven't read.
The suit, filed Friday in Marin County Superior Court in San Rafael,
Calif., seeks class-action status on behalf of all Californians who've
bought software including Norton Antivirus 2002, Norton Systemworks and
Windows XP Upgrade.
Specifically, the suit, which was brought by Cathy Baker, claims that
Microsoft, Symantec, CompUSA, Best Buy and other unnamed retailers don't
allow people to read "shrink wrap" licenses--agreements printed inside
the box or incorporated into the software itself--before they buy a
product.
"Defendants acted in concert and have concocted a scheme to sell
consumers in the state of California software licenses in retail stores
without allowing them to review the terms and conditions of such
software licenses prior to sale," Ira Rothken, Baker's lawyer, wrote in
the complaint.
Further, the suit claims that people who don't accept the terms of the
agreement cannot return software to the stores. According to the suit,
Baker tried to return the Microsoft and Symantec software to CompUSA
after refusing to consent to the licensing terms. However, CompUSA
refused to take the software back, saying the packages had been opened,
according to the suit.
End-user license agreements have become a hot-button issue in the tech
industry as more and more companies try to forge increasingly
restrictive contracts. Some companies have tried to ban class-action
lawsuits, damages or reverse engineering of their products.
In one of the few cases so far to test the limits of such agreements, a
judge in New York ruled last month that Network Associates could not
enforce wording that prohibited reviews of its product without prior
consent.
Representatives from Symantec, Microsoft and Best Buy did not
immediately respond to requests for comment. CompUSA executives could
not be reached for comment.
O
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New Yorker Free Software Users Scene
Fair Use -
because it's either fair use or useless....
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