MESSAGE
DATE | 2003-09-21 |
FROM | Ruben Safir Secretary NYLXS
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SUBJECT | Subject: [hangout] Re: [nylug-talk] Security Alert: In the wild exploit damages data and OS
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> > > Why should connecting to a gameplay network result in permanent > > damage to your OS and destruction of your files? > > Because you agreed to that possibility: 1) when you bought it, > and 2) when you connected to Live.
No he didn't. He brought it for cash and there is no agreeing to anything involved with a buying something.
Life is not a game of Dungeons and Dragons of contract law. You have the right to expect that when you buy something, that you absolutely haven't entered into any complex relationships with a vendor and can be expect a reasonably safe and useful product.
Let the send a darn laywer to your house if they want to negotiate a contract. Or make the store have you sign and read the contract before you pay for it.
It's the same thing with the RIAA. They want to put you behind an absurd legal restriction, but they don't want to make it sign a contract or have to pay for laywers to enforce it, or upset anyone when the public discovers the unfairness of the restriction.
There must be 3 criteria for the law or a contract to be legitimate and how a moral standing:
First: It must treat everyone equally (that is the law) and be equals in the negotiation (contracts).
Second: It must be clearly understood by all the parties before entering the agreement and each party must have a clear understanding of their expectations prior to agreeing.
Third: Breach of the contract must be enforced in a court!
Ruben > > ===== > Microsoft reserves complete and sole discretion with respect to > the operation of Xbox Live. Microsoft may, among other things: > (a) restrict or limit access to Xbox Live; (b) retrieve > information from the Xbox used to log onto Xbox Live as > necessary to operate and protect the security of Xbox Live, and > to enforce this Agreement and (c) upgrade, modify, withdraw, > suspend, or discontinue any functionality or feature of Xbox > Live or any game from time to time without notice, which may > involve the automatic download of related software directly to > your Xbox video game console, and which software may prevent > your Xbox from accessing Xbox Live. Microsoft has no obligation > to maintain any content or services, and has no responsibility > or liability for the deletion, loss, corruption or failure to > store any messages, software or other information or content > maintained or transmitted by or through Xbox Live. > ===== > > If you want to run an Xbox as a file server, go ahead. But the > moment you plug in your ethernet and start playing games, you're > bound to those agreements; complaining about it after the fact > won't do you much good. Server or console, take your pick, but > you can't have it both ways. > > I like Linux on Xbox. I think it's a cool hack. I wish them the > best of luck. But anybody who's surprised by this strikes me as > being horribly naïve. > > _______________________________________________ > The nylug-talk mailing list is at nylug-talk-at-nylug.org > To subscribe or unsubscribe: http://www.nylug.org/mailman/listinfo/nylug-talk
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