Welcome, Guest. Please login or register.

Author Topic: MS counter-sued by college student  (Read 5261 times)

Description:

0 Members and 1 Guest are viewing this topic.

Offline Trev

  • Hero Member
  • *****
  • Join Date: May 2003
  • Posts: 1550
  • Country: 00
    • Show all replies
Re: MS counter-sued by college student
« on: April 04, 2005, 03:06:51 AM »
I'm fairly certain the doctrine of first sale applies here, click-wrapped license agreement or no, but I could be wrong. Besides, Microsoft's educational resale agreement is between Microsoft and the retailer and really doesn't have anything to do with the consumer.

You know why I don't see this case as funny? The kid did exactly what you someone is his position should do, but people in this country (the United States) are so dead set against law suits and attorneys, that they're blind to violations of their rights and privileges as consumers.

Lawsuits are a Good Thing. How else can we as individuals keep corporations in check? The last time I looked, our system of government is about the freedoms and liberties of individuals and not those of corporations.

Trev
 

Offline Trev

  • Hero Member
  • *****
  • Join Date: May 2003
  • Posts: 1550
  • Country: 00
    • Show all replies
Re: MS counter-sued by college student
« Reply #1 on: April 04, 2005, 03:14:57 AM »
It was never "illegal." If a retailer violates their resale agreement by selling educational software to someone who isn't a student, then that retailer is in violation of their resale agreement. (Previous statement  provided courtesy of the Department of Redundancy Department.) But the student who purchases the software is free to sell the software to anyone allowed to buy it (e.g. not someone in Cuba) at any time.
 

Offline Trev

  • Hero Member
  • *****
  • Join Date: May 2003
  • Posts: 1550
  • Country: 00
    • Show all replies
Re: MS counter-sued by college student
« Reply #2 on: April 04, 2005, 07:11:50 PM »
[rant]That's just it. The definition of a "frivolous lawsuit," is rapidly changing. Back in the day, one would call suing your neighbor because his dog ate your roses frivolous, and I agree. Today, however, any lawsuit involving an individual suing a business or a doctor is considered frivolous. What's up with that? The bottom line is the executive and legislative branches aren't doing anything to force corporations, doctors, etc. to work within the law. In fact, they're doing just the opposite. Limiting damages? The only thing that keeps companies like Ford from producing cars that blow up and hack doctors from killing their patients is the financial impact of a possible lawsuit. Without that possibility, it's more profitable for Ford to make s--t cars and set aside the funds for the lawsuits. I'd like to see that change, I really would. But Ford only cares about their bottom line, and state medical boards won't take liceneses away from doctors found guilty of malpractice. (Personally, I don't think it should be up to a medical board. Found guilty of malpractice? Go directly to jail. Do not pass go. Do not collect $200.00. Do not practice medicine. FYI, it's like that for attorneys. Attorneys found guilty of gross malpractice are disbarred. The end.) The judiciary is the only branch of our government fighting to protect the rights of the individual and the minority, and I hope that doesn't change.[/rant]

OK. Rant over. :-) And I like Windows. Go figure.
 

Offline Trev

  • Hero Member
  • *****
  • Join Date: May 2003
  • Posts: 1550
  • Country: 00
    • Show all replies
Re: MS counter-sued by college student
« Reply #3 on: April 04, 2005, 09:48:27 PM »
We're all Deregulation Nation on this side of the pond. Works well when you're rich and powerful, not so well when your kids are decapitated by cheap, removable minivan seats or a loved one is allowed to die by a doctor who was too busy f--king his girlfriend to respond to an emergency page. Both of those examples are true, and one of them relates to my family. You bet your ass we sued. Unfortunately, the minivans haven't changed, and the doctor is still practicing medicine.

Trev
 

Offline Trev

  • Hero Member
  • *****
  • Join Date: May 2003
  • Posts: 1550
  • Country: 00
    • Show all replies
Re: MS counter-sued by college student
« Reply #4 on: April 05, 2005, 06:09:36 AM »
And wouldn't it be nice if that's how things worked over here? But no. Here, they just raise insurance premiums and blame it on the lawsuits. It's not the manufacturer's fault. It's not the doctor's fault. It's the victim's fault. What a country, eh?