FlyerTalk Forums - View Single Post - Reactivation Issue: Microsoft Must Burn in Hell!
Old Jan 21, 2007, 7:37 am
  #69  
PTravel
FlyerTalk Evangelist
 
Join Date: Mar 2004
Location: Newport Beach, California, USA
Posts: 36,062
Originally Posted by muddy
The request for the personal information in order to re-activate was in conflict with the EULA, but other than that was there really any other violation of the EULA (I cant see one)?
As I've explained several times, here in California (and in most other jurisdictions) there is a warranty of merchantability and a couple of other implied warranties. The EULA, itself, is a license to use the software. By de-activating the software without reason, Microsoft has breached that license. By demanding personal information to un-de-activate the software, Microsoft has breached that license.

If you did sue or otherwise approach MSFT counsel what would you ask for ... 90 minutes billed at your rate ... or would you honor the EULA yourself and only ask for the original purchase price of the software?
If I did sue, it would either be in small claims court for fraud (for which punitive damages are available), or as a class action suit.

Seriously, I can understand the aggravation, but what are you really wanting at this point? Just to rant? (I can certainly understand that .... I probably would too).
Well, of course I want to rant. That's why I wrote the OP and put it between \rant and \rant-off. You're kidding, right?
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