Re: [Full-Disclosure] Re: Computer Sabotage by Microsoft

[Ansgar Wiechers <bugtraq@xxxxxxxxxxxxxxxx>]

On 2003-09-18 se_cur_ity@xxxxxxxxxxx wrote:
>>> Read the End User Liscence Agreement that you agreed to with the
>>> X-box (its probably somewhere in the box).
>>
>> In some european countries EULAs are not valid if the are 'in the
>> box', ie if you could not agree/review them before the purchase. You
>> if you buy the box, but the license is in the box, it has no legal
>> standing in for instance Holland.
> 
> what about "used" xboxes???

Can't tell about The Netherlands or any other european contry, but in
Germany this sort of EULA would have to be part of a contract directly
between Microsoft and the customer to beccome effective. A Vendor cannot
determine the contract between the current owner of the product (be it
wholeseller, retailer or customer) and a third party. German
jurisdiction calls this rule "Erschoepfungsgrundsatz".

Regards
Ansgar Wiechers

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