[News] Microsoft faces second 'black screen' lawsuit - Linux

This is a discussion on [News] Microsoft faces second 'black screen' lawsuit - Linux ; A second Chinese man has filed a lawsuit against Microsoft demanding it remove a notice from his computer accusing him of using illegally copied software. He is not seeking damages, but Dong Zhengwei who brought a case last week is ...

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Thread: [News] Microsoft faces second 'black screen' lawsuit

  1. [News] Microsoft faces second 'black screen' lawsuit


    A second Chinese man has filed a lawsuit against Microsoft demanding
    it remove a notice from his computer accusing him of using illegally
    copied software.

    He is not seeking damages, but Dong Zhengwei who brought a case last
    week is suggesting a fine of $1bn is in order.


    http://www.theregister.co.uk/2008/10/28/ms_wga_china/

  2. Re: [News] Microsoft faces second 'black screen' lawsuit

    nessuno@wigner.berkeley.edu wrote:
    >
    > A second Chinese man has filed a lawsuit against Microsoft demanding
    > it remove a notice from his computer accusing him of using illegally
    > copied software.
    >
    > He is not seeking damages, but Dong Zhengwei who brought a case last
    > week is suggesting a fine of $1bn is in order.
    >

    >
    > http://www.theregister.co.uk/2008/10/28/ms_wga_china/


    I hope he wins. These big boys who think they have the right to download
    and run whatever they like on your machine/bandwidth whether you like it
    or not need a big old fashioned bitchslapping.

  3. Re: [News] Microsoft faces second 'black screen' lawsuit

    -----BEGIN PGP SIGNED MESSAGE-----
    Hash: SHA1

    ____/ Phil Da Lick! on Tuesday 28 October 2008 14:17 : \____

    > nessuno@wigner.berkeley.edu wrote:
    >>
    >> A second Chinese man has filed a lawsuit against Microsoft demanding
    >> it remove a notice from his computer accusing him of using illegally
    >> copied software.
    >>
    >> He is not seeking damages, but Dong Zhengwei who brought a case last
    >> week is suggesting a fine of $1bn is in order.
    >>

    >>
    >> http://www.theregister.co.uk/2008/10/28/ms_wga_china/

    >
    > I hope he wins. These big boys who think they have the right to download
    > and run whatever they like on your machine/bandwidth whether you like it
    > or not need a big old fashioned bitchslapping.


    Well, the victims' fault if they installed beastware on their perfectly-fine
    hardware. Next time they should install something that they own, not rent.

    - --
    ~~ Best of wishes

    "Pearly Gates and Em-Ballmer
    One promises you heaven and the other prepares you for the grave. "
    --Ray Noorda, Novell
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  4. Re: [News] Microsoft faces second 'black screen' lawsuit

    Roy Schestowitz wrote:
    > -----BEGIN PGP SIGNED MESSAGE-----
    > Hash: SHA1
    >
    > ____/ Phil Da Lick! on Tuesday 28 October 2008 14:17 : \____
    >
    >> nessuno@wigner.berkeley.edu wrote:
    >>>
    >>> A second Chinese man has filed a lawsuit against Microsoft demanding
    >>> it remove a notice from his computer accusing him of using illegally
    >>> copied software.
    >>>
    >>> He is not seeking damages, but Dong Zhengwei who brought a case last
    >>> week is suggesting a fine of $1bn is in order.
    >>>

    >>>
    >>> http://www.theregister.co.uk/2008/10/28/ms_wga_china/

    >> I hope he wins. These big boys who think they have the right to download
    >> and run whatever they like on your machine/bandwidth whether you like it
    >> or not need a big old fashioned bitchslapping.

    >
    > Well, the victims' fault if they installed beastware on their perfectly-fine
    > hardware. Next time they should install something that they own, not rent.


    Well, the whole content industry seems to be getting more and more anal
    on this issue as time goes on. They seem intent on selling us the same
    old crap again and again and using ever increasing control to do so.
    Reality is, even if windows fails its replacement in the mainstream will
    have to face this issue. These guys need reining in.

  5. Re: [News] Microsoft faces second 'black screen' lawsuit

    -----BEGIN PGP SIGNED MESSAGE-----
    Hash: SHA1

    ____/ Phil Da Lick! on Tuesday 28 October 2008 15:08 : \____

    > Roy Schestowitz wrote:
    >> -----BEGIN PGP SIGNED MESSAGE-----
    >> Hash: SHA1
    >>
    >> ____/ Phil Da Lick! on Tuesday 28 October 2008 14:17 : \____
    >>
    >>> nessuno@wigner.berkeley.edu wrote:
    >>>>
    >>>> A second Chinese man has filed a lawsuit against Microsoft demanding
    >>>> it remove a notice from his computer accusing him of using illegally
    >>>> copied software.
    >>>>
    >>>> He is not seeking damages, but Dong Zhengwei who brought a case last
    >>>> week is suggesting a fine of $1bn is in order.
    >>>>

    >>>>
    >>>> http://www.theregister.co.uk/2008/10/28/ms_wga_china/
    >>> I hope he wins. These big boys who think they have the right to download
    >>> and run whatever they like on your machine/bandwidth whether you like it
    >>> or not need a big old fashioned bitchslapping.

    >>
    >> Well, the victims' fault if they installed beastware on their perfectly-fine
    >> hardware. Next time they should install something that they own, not rent.

    >
    > Well, the whole content industry seems to be getting more and more anal
    > on this issue as time goes on. They seem intent on selling us the same
    > old crap again and again and using ever increasing control to do so.
    > Reality is, even if windows fails its replacement in the mainstream will
    > have to face this issue. These guys need reining in.


    I'm ripping all my CDs these days (Ogg Vorbis). This helps me realise how
    valuable music I haven't heard for ages can be.

    The music industry openly expressed its enthusiasm about DRM-'protected'
    streaming of music and a subscription model that ensures you pay over and over
    again for the same music that you never possess.

    A lot of people can get sucked into this scam, which maximises profits made
    from crappy 'Hollywood' music (there is a lot of CC-licensed stuff out there),
    all at the expense of so-called 'consumers'.

    - --
    ~~ Best of wishes

    Ribbon-type shortcuts in Palm handhelds leads to SMS talk. We must we
    abbreviate?
    http://Schestowitz.com | RHAT Linux | PGP-Key: 0x74572E8E
    21:20:01 up 13 days, 5:38, 1 user, load average: 0.75, 0.77, 0.86
    http://iuron.com - Open Source knowledge engine project
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    -----END PGP SIGNATURE-----

  6. Re: [News] Microsoft faces second 'black screen' lawsuit

    Phil Da Lick! wrote:
    > nessuno@wigner.berkeley.edu wrote:
    >>
    >> A second Chinese man has filed a lawsuit against Microsoft demanding
    >> it remove a notice from his computer accusing him of using illegally
    >> copied software.
    >>
    >> He is not seeking damages, but Dong Zhengwei who brought a case last
    >> week is suggesting a fine of $1bn is in order.
    >>

    >>
    >> http://www.theregister.co.uk/2008/10/28/ms_wga_china/

    >
    > I hope he wins. These big boys who think they have the right to
    > download and run whatever they like on your machine/bandwidth whether
    > you like it or not need a big old fashioned bitchslapping.



    Nobody has to accept the EULA, or use the Microsoft Windows operating
    system. Use Linux junkware instead...

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    9. ACADEMIC EDITION SOFTWARE. To use
    Software identified as "Academic Edition" or "AE," you must
    be a "Qualified Educational User." For qualification
    -related questions, please contact the Microsoft Sales
    Information Center/One Microsoft Way/Redmond, WA 98052-6399
    or the Microsoft subsidiary serving your country.

    10. EXPORT RESTRICTIONS. You acknowledge
    that the Software is subject to U.S. export jurisdiction.
    You agree to comply with all applicable international and
    national laws that apply to the Software, including the
    U.S. Export Administration Regulations, as well as end-user,
    end-use, and destination restrictions issued by U.S. and
    other governments. For additional information see
    .

    11. SOFTWARE TRANSFER-Internal transfer. You may move the
    Server Software to a different Server as long as you
    permanently remove the software from the initial Server.
    Transfer to Third Party. The initial user of the Software
    may make a one-time permanent transfer of this EULA and
    Software to another end user, provided the initial user retains
    no copies of the Software. The transfer must include all of
    the Software (including all component parts, the media and
    printed materials, any upgrades, this EULA, and, if
    applicable, the Certificate of Authenticity). The
    transfer may not be an indirect transfer, such as a
    consignment. Prior to the transfer, the end user receiving
    the Software must agree to all the EULA terms.

    12. TERMINATION. Without prejudice to any other rights,
    Microsoft may terminate this EULA if you are not in
    compliance with all the terms and conditions of this EULA.
    In such event, you must destroy all copies of the Software
    and all of its component parts.

    13. NOTICE REGARDING MPEG-4 VISUAL DECODERS
    FOR WINDOWS MEDIA PLAYER. USE OF THIS
    PRODUCT IN ANY MANNER THAT COMPLIES
    WITH THE MPEG-4 VISUAL STANDARD IS
    PROHIBITED, EXCEPT FOR USE DIRECTLY
    RELATED TO (A) DATA OR INFORMATION
    (i) GENERATED BY AND OBTAINED WITHOUT
    CHARGE FROM A CONSUMER NOT THEREBY
    ENGAGED IN A BUSINESS ENTERPRISE, AND
    (ii) FOR PERSONAL USE ONLY; AND
    (B) OTHER USES SPECIFICALLY AND
    SEPARATELY LICENSED BY MPEG LA, L.L.C.
    MPEG LA, L.L.C., has contractually
    obligated Microsoft to provide this
    notice.

    The following Limited Warranty applies if you acquired this
    Product in the US or Canada:

    14. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN
    THE US AND CANADA.

    Microsoft warrants that the Software will perform
    substantially in accordance with the accompanying materials
    for a period of ninety (90) days from the date of receipt.

    If an implied warranty or condition is created by
    your state/jurisdiction and federal or state/provincial law
    prohibits disclaimer of it, you also have an implied
    warranty or condition, BUT ONLY AS
    TO DEFECTS DISCOVERED DURING THE PERIOD
    OF THIS LIMITED WARRANTY (NINETY DAYS).
    AS TO ANY DEFECTS DISCOVERED AFTER
    THE NINETY-DAY PERIOD, THERE IS NO
    WARRANTY OR CONDITION OF ANY KIND.
    Some states/jurisdictions do not allow limitations on how
    long an implied warranty or condition lasts, so the above
    limitation may not apply to you.

    Any supplements or updates to the Software, including without
    limitation, any (if any) service packs or hot fixes
    provided to you after the expiration of the ninety-day
    Limited Warranty period are not covered by any warranty or
    condition, express, implied or statutory.

    LIMITATION ON REMEDIES; NO CONSEQUENTIAL
    OR OTHER DAMAGES. Your exclusive remedy for any breach of
    this Limited Warranty is as set forth below. Except for
    any refund elected by Microsoft, YOU ARE NOT ENTITLED TO
    ANY DAMAGES, INCLUDING BUT NOT LIMITED
    TO CONSEQUENTIAL DAMAGES, if the
    Software does not meet Microsoft's Limited Warranty, and,
    to the maximum extent allowed by applicable law, even if
    any remedy fails of its essential purpose. The terms of
    Section 16 ("Exclusion of Incidental, Consequential and
    Certain Other Damages") are also incorporated into this
    Limited Warranty. Some states/jurisdictions do not allow
    the exclusion or limitation of incidental or consequential
    damages, so the above limitation or exclusion may not
    apply to you. This Limited Warranty gives you specific
    legal rights. You may have other rights which vary from
    state/jurisdiction to state/jurisdiction.

    YOUR EXCLUSIVE REMEDY. Microsoft's and
    its suppliers' entire liability and your exclusive remedy
    for any breach of this Limited Warranty or for any other
    breach of this EULA or for any other liability relating to
    the Software shall be, at Microsoft's option from time to
    time exercised subject to applicable law, (a) return of the
    amount paid (if any) for the Software, or (b) repair or
    replacement of the Software, that does not meet this
    Limited Warranty and that is returned to Microsoft with a
    copy of your receipt. You will receive the remedy elected
    by Microsoft without charge, except that you are
    responsible for any expenses you may incur (e.g., cost of
    shipping the Software to Microsoft). This Limited Warranty
    is void if failure of the Software has resulted from
    accident, abuse, misapplication, abnormal use or a virus.
    Any replacement Software will be warranted for the
    remainder of the original warranty period or thirty (30)
    days, whichever is longer, and Microsoft will use
    commercially reasonable efforts to provide your remedy
    within a commercially reasonable time of your compliance
    with Microsoft's warranty remedy procedures. Outside
    the United States or Canada, neither these remedies nor any
    product support services offered by Microsoft are available
    without proof of purchase from an authorized international
    source. To exercise your remedy, contact:
    Microsoft, Attn. Microsoft Sales Information Center/
    One Microsoft Way/Redmond, WA 98052-6399, or
    the Microsoft subsidiary serving your country.

    15. DISCLAIMER OF WARRANTIES. The Limited
    Warranty that appears above is the only express warranty
    made to you and is provided in lieu of any other express
    warranties or similar obligations (if any) created by any
    advertising, documentation, packaging, or other
    communications. Except for the Limited Warranty and to the
    maximum extent permitted by applicable law, Microsoft and
    its suppliers provide the Software and support services (if
    any) AS IS AND WITH ALL FAULTS, and
    hereby disclaim all other warranties and conditions,
    whether express, implied or statutory, including, but not
    limited to, any (if any) implied warranties, duties or
    conditions of merchantability, of fitness for a particular
    purpose, of reliability or availability, of accuracy or
    completeness of responses, of results, of workmanlike
    effort, of lack of viruses, and of lack of negligence, all
    with regard to the Software, and the provision of or
    failure to provide support or other services, information,
    software, and related content through the Software or
    otherwise arising out of the use of the Software.
    ALSO, THERE IS NO WARRANTY OR CONDITION
    OF TITLE, QUIET ENJOYMENT, QUIET
    POSSESSION, CORRESPONDENCE TO DESCRIPTION
    OR NON-INFRINGEMENT WITH REGARD TO THE
    SOFTWARE.

    16. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL
    AND CERTAIN OTHER DAMAGES. TO THE
    MAXIMUM EXTENT PERMITTED BY APPLICABLE
    LAW, IN NO EVENT SHALL MICROSOFT OR ITS
    SUPPLIERS BE LIABLE FOR ANY SPECIAL,
    INCIDENTAL, PUNITIVE, INDIRECT, OR
    CONSEQUENTIAL DAMAGES WHATSOEVER
    (INCLUDING, BUT NOT LIMITED TO, DAMAGES
    FOR LOSS OF PROFITS OR CONFIDENTIAL OR
    OTHER INFORMATION, FOR BUSINESS
    INTERRUPTION, FOR PERSONAL INJURY, FOR
    LOSS OF PRIVACY, FOR FAILURE TO MEET
    ANY DUTY OF GOOD FAITH OR OF REASONABLE
    CARE, FOR NEGLIGENCE, AND FOR ANY OTHER
    PECUNIARY OR OTHER LOSS WHATSOEVER)
    ARISING OUT OF OR IN ANY WAY
    RELATED TO THE USE OF OR INABILITY TO
    USE THE SOFTWARE, THE PROVISION OF OR
    FAILURE TO PROVIDE SUPPORT OR OTHER
    SERVICES, INFORMATION, SOFTWARE, AND
    RELATED CONTENT THROUGH THE SOFTWARE,
    OR OTHERWISE UNDER OR IN CONNECTION WITH
    ANY PROVISION OF THIS EULA, EVEN IN THE
    EVENT OF THE FAULT, TORT (INCLUDING
    NEGLIGENCE), MISREPRESENTATION,
    STRICT LIABILITY, BREACH OF CONTRACT OR
    BREACH OF WARRANTY OF MICROSOFT OR ANY
    SUPPLIER, AND EVEN IF MICROSOFT OR ANY
    SUPPLIER HAS BEEN ADVISED OF THE
    POSSIBILITY OF SUCH DAMAGES.

    17. LIMITATION OF LIABILITY AND REMEDIES.
    NOTWITHSTANDING ANY DAMAGES THAT YOU
    MIGHT INCUR FOR ANY REASON WHATSOEVER
    (INCLUDING, WITHOUT LIMITATION, ALL
    DAMAGES REFERENCED HEREIN AND ALL
    DIRECT OR GENERAL DAMAGES IN CONTRACT
    OR ANYTHING ELSE), THE ENTIRE LIABILITY
    OF MICROSOFT AND ANY OF ITS SUPPLIERS
    UNDER ANY PROVISION OF THIS EULA AND
    YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT
    FOR ANY REMEDY OF REPAIR OR REPLACEMENT
    ELECTED BY MICROSOFT WITH RESPECT TO
    ANY BREACH OF THE LIMITED WARRANTY)
    SHALL BE LIMITED TO THE GREATER OF THE
    ACTUAL DAMAGES YOU INCUR IN REASONABLE
    RELIANCE ON THE SOFTWARE UP TO THE
    AMOUNT ACTUALLY PAID BY YOU FOR THE
    SOFTWARE OR US$5.00. THE FOREGOING
    LIMITATIONS, EXCLUSIONS AND DISCLAIMERS
    (INCLUDING SECTIONS 15, 16, AND 17) SHALL
    APPLY TO THE MAXIMUM EXTENT PERMITTED BY
    APPLICABLE LAW, EVEN IF ANY REMEDY FAILS
    ITS ESSENTIAL PURPOSE.

    18. U.S. GOVERNMENT LICENSE RIGHTS. All
    Software provided to the U.S. Government pursuant to
    solicitations issued on or after December 1, 1995, is
    provided with the commercial license rights and
    restrictions described elsewhere herein. All Software
    provided to the U.S. Government pursuant to solicitations
    issued prior to December 1, 1995, is provided with
    "Restricted Rights" as provided for in FAR, 48 CFR
    52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013
    (OCT 1988), as applicable.

    19. APPLICABLE LAW. If you acquired this Software in the United
    States, this EULA is governed by the laws of the State of
    Washington. If you acquired this Software in Canada,
    unless expressly prohibited by local law, this EULA is
    governed by the laws in force in the Province of Ontario,
    Canada; and, in respect of any dispute which may arise
    hereunder, you consent to the jurisdiction of the federal
    and provincial courts sitting in Toronto, Ontario. If you
    acquired this Software in the European Union, Iceland,
    Norway, or Switzerland, then local law applies. If you
    acquired this Software in any other country, then local law
    may apply.

    20. ENTIRE AGREEMENT; SEVERABILITY. This
    EULA (including any addendum or amendment to this EULA
    which is included with the Software) are the entire
    agreement between you and Microsoft relating to the
    Software and the Support Services (if any) and they
    supersede all prior or contemporaneous oral or written
    communications, proposals and representations with respect
    to the Software or any other subject matter covered by this
    EULA. To the extent the terms of any Microsoft policies
    or programs for support services conflict with the terms
    of this EULA, the terms of this EULA shall control unless
    the parties otherwise agree in writing. If any provision
    of this EULA is held to be void, invalid, unenforceable or
    illegal, the other provisions shall continue in full
    force and effect.

    ================================================== =============



  7. Re: [News] Microsoft faces second 'black screen' lawsuit

    DFS wrote:
    > Phil Da Lick! wrote:
    >> nessuno@wigner.berkeley.edu wrote:
    >>>
    >>> A second Chinese man has filed a lawsuit against Microsoft demanding
    >>> it remove a notice from his computer accusing him of using illegally
    >>> copied software.
    >>>
    >>> He is not seeking damages, but Dong Zhengwei who brought a case last
    >>> week is suggesting a fine of $1bn is in order.
    >>>

    >>>
    >>> http://www.theregister.co.uk/2008/10/28/ms_wga_china/

    >> I hope he wins. These big boys who think they have the right to
    >> download and run whatever they like on your machine/bandwidth whether
    >> you like it or not need a big old fashioned bitchslapping.

    >
    >
    > Nobody has to accept the EULA, or use the Microsoft Windows operating
    > system. Use Linux junkware instead...



    I don't really give a **** what the EULA says. You'd have a hard time
    enforcing that in a court of law if it came to it. There are still
    privacy laws against malware and nagware.

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