MESSAGE
| DATE | 2003-07-02 |
| FROM | Adam Kosmin
|
| SUBJECT | Subject: [hangout] Re: Microsoft EULA is "hear say" according to last night's Judge
|
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For the record, Judge David Elliot oversaw last night's case.
" 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
- --
# chown -R linux.GNU world
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=uYwi
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