OT RE: TSCC license

Chipp Walters chipp at chipp.com
Tue Mar 9 02:02:39 EST 2004


Michael

> I was set up for a laugh by the heading of the non-capitalised text,
> "WITNESSETH". It's not in either of my dictionaries, and
> www.dictionary.com has no entries. Good fun, but it leads to some
> interesting questions. If a legal document contains a made-up word
> without definition can it have a legal meaning? If an agreement
> contains words so archaic that the reader can't reasonably be
> expected to be sure of their meaning is the agreement valid? If an
> agreement is written in English is it binding on a person who agrees
> by clicking even if they can't read English?

I seem to remember some court ruling that these 'click-licenses' and 'shrink
wrap licenses" are unenforceable in all but the most sinister of violations.
IOW, it's hard for anyone to get prosecuted by them. In fact, I seem to
remember somewhere reading that MS is actually in violation of it's own
license.

>
> Anyway, back to work...

Me too. Have to make more money to pay the lawyers ;-)

-Chipp




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