MESSAGE
| DATE | 2003-07-06 |
| FROM | Ruben I Safir
|
| SUBJECT | Subject: [hangout] Re: Microsoft EULA is "hear say" according to last night's Judge
|
Say -
I don't see how a boycott will help or how we can achieve our ends through it.
Besides, it's too late :)
You already purchased one :)
Ruben
On 2003.07.02 21:30 Adam Kosmin wrote:
> Ruben,
>
> In addition, I think it's time to pull out whatever big guns exist
> and go for broke on this one. I'd like to see NYLXS stand behind
> this one by calling for an official boycott of TAIS until the
> following issues have been satisfied.
>
> 1. An favorable response is received to the issues outlined in the
> following petition (~ 500 signatues so far)
>
> http://www.petitiononline.com/wrp4tais/petition.html
>
> 2. TAIS issues me a refund for the unused copies of the Microsoft
> operating systems that came preinstalled on my portege 2000.
>
> As stated above, I believe this effort should coincide with my
> continued effort to see this resolved in court.
>
>
> Adam
> Ruben Safir (ruben-at-mrbrklyn.com) wrote:
> " This is why I think our next step is to call the atoney generals
> " office and investigate the judge. He must be on the take
> "
> "
> " Ruben
> "
> " On Wed, Jul 02, 2003 at 06:59:08PM -0400, Adam Kosmin wrote:
> " > Noel,
> " > I appreciate this information very much and will call on Saturday.
> " > Ruben will be interested in hearing this as well so I think it's
> " > best if I cc: him. He almost had a nervous breakdown when I told him
> " > about this.
> " >
> " > All the best,
> " > Adam
> " >
> " >
> " >
> " >
> " >
> " > Noel Humphreys (noelhumphreys-at-yahoo.com) wrote:
> " > " Sorry to hear about your misfortune. Sounds like the judge wasn't very interested.
> " > "
> " > " Dismissed without prejudice means that you can submit your case again.
> " > "
> " > " I will be at 631-821-1683 this weekend. Call me at your convenience.
> " > "
> " > " It isn't hearsay, but of course you couldn't know that. I'll help you figure out how to get the evidence in.
> " > "
> " > " Use my e-mail at nhumphreys-at-connellfoley.com. Thanks.
> " > "
> " > " Adam Kosmin wrote:
> " > " Hello Noel,
> " > " As promised, here is the latest. I would really appreciate having an
> " > " opportunity to hear your thoughts on this. Can we scheule a time to
> " > " talk?
> " > "
> " > " Best,
> " > " Adam Kosmin
> " > "
> " > "
> " > " ----- Forwarded message from Adam Kosmin -----
> " > "
> " > " Date: Tue, 1 Jul 2003 22:38:21 -0400
> " > " To: hangout-at-nylxs.com
> " > " Cc: Adam Kosmin
> " > " From: Adam Kosmin
> " > " Subject: Microsoft EULA is "hear say" according to last night's Judge
> " > " X-GPG-Key: http://windowsrefund.net/akosmin-pubkey.asc
> " > " X-GPG-Fingerprint: 11C2 79F6 BD3D 3A86 5640 3DA0 3860 B30E 711D 3B66
> " > " User-Agent: Mutt/1.5.4i
> " > "
> " > " Last night's verdict on my case against Toshiba: Dismissed without
> " > " prejudice.
> " > "
> " > " The fatal blow came when I attempted to submit my copy of the Microsoft
> " > " End User License Agreement (EULA) which provides the provision for a
> " > " refund, and Toshiba's lawyer objected claiming that the license was
> " > " "hear say". Of course, I explained that although this was not THE
> " > " license that shipped with my bundled software (it is impossible to
> " > " extract the license from an OS that was never booted), it was an exact copy of
> " > " the language that could be found in the EULA and therefore, provided the
> " > " foundation for my claim.
> " > "
> " > " The Judge accepted the objection since no "expert witness" was present
> " > " (Microsoft?) to verify the language of the EULA that I wished to submit
> " > " into evidence and things went downhill from there.
> " > "
> " > " I am currently investigating whether or not I will be able to resubmit
> " > " the case in light of the "without prejudice" ruling and will keep the
> " > " group involved. You can be absolutely assured that I will continue this
> " > " fight using all resources available.
> " > "
> " > " Best,
> " > " Adam Kosmin
> " > "
> " > " --
> " > " # chown -R linux.GNU world
> " > "
> " > "
> " > "
> " > " ----- End forwarded message -----
> " > "
> " > " --
> " > " # chown -R linux.GNU world
> " > "
> " > "
> " > " ---------------------------------
> " > " Do you Yahoo!?
> " > " SBC Yahoo! DSL - Now only $29.95 per month!
> " > --
> " > # chown -R linux.GNU world
> "
> "
> "
> " --
> " __________________________
> " Brooklyn Linux Solutions
> " __________________________
> " DRM is THEFT - We are the STAKEHOLDERS http://fairuse.nylxs.com
> "
> " http://www.mrbrklyn.com - Consulting
> " http://www.inns.net <-- Happy Clients
> " http://www.nylxs.com - Leadership Development in Free Software
> " http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net
> " http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn....
> "
> " 1-718-382-0585
> "
>
> --
> # chown -R linux.GNU world
>
--
__________________________
Brooklyn Linux Solutions
__________________________
DRM is THEFT - We are the STAKEHOLDERS http://fairuse.nylxs.com
http://www.mrbrklyn.com - Consulting
http://www.inns.net <-- Happy Clients
http://www.nylxs.com - Leadership Development in Free Software
http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net
http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn....
1-718-382-0585
____________________________
NYLXS: New Yorker Free Software Users Scene
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because it's either fair use or useless....
NYLXS is a trademark of NYLXS, Inc
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