From: mike 

On Sun, 21 Jan 2007 08:46:25 -0500, "Robert Comer"
 wrote:

>> And the EULA of that desktop monopoly is also a wonderful thing in that
>> it limits Microsoft's liability to the price you paid for Windows.
>> (another example of my comment above)
>
>I don't think that would really stand up in court should there be massive
>damages.

I would certainly like to see a test case at some point.

In an article I posted a couple of weeks ago from the IP Law magazine, the
lawyer stated that a valid contract is only between two parties of equal
negotiating power.   In the case of the Windows EULA
click-to-accept, there is definitely not equal negotiating power between
the two parties of the "agreement".

 /m

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