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by ClumsyPilot
2195 days ago
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It is made even more interesting by the fact that to me, as an end user, it is absolutely unclear what i am suppose to delete/modify and what i am not. How do I know that deleting or modifying a particular dll is a violation? It doesnt look any different than any other file. Furthermore, if Windows craps out, which isn't rare, i might have to go into system files and commit dmca violation. As an alterbative, will a Microsoft send a technician to my house, or compwnsate me for the system being down? |
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For example, the DMCA protects you if the modification is for educational purposes.
If they want to go down the route of arguing a contract violation, then the question about whether or not the contract is fair comes into play. You can't write a contract that takes everything and gives nothing in return. So these license agreements which basically say "You can't don't own anything about this software, we have every right to sue the pants off you if you upset us, and we accept no liability if our software does anything bad" may very well be unenforceable (Doesn't come up that often because people are relatively sane).
The other interesting thing here is that these licenses may be doubly unenforceable as companies have been adding the "you accept all terms and conditions if you push this button". They are right in the same line as the "Warranty void if you remove this sticker" notices.