B
Bob I
Guest
Re: Microsoft updates Windows without users' consent
The "issue" is how the law is written, IF the law provides for
EXCEPTIONS then there are circumstances where the "law" is not violated.
Pure and simple. Just like you "can't violate the overtime law" except
for the stated exception if a bargaining sets up a contract to do it
differently. It's the law that provided for the exception.
John John wrote:
> The contract would still be invalid regardless of what exceptions were
> written in it, it would be an illegal contract. Try assisted suicide
> and see how many fancy agreements and lawyers got around that one. Plain
> and simply the law states that you cannot write up contracts that
> violate applicable laws, if it were otherwise there would in fact be no
> law.
>
> John
>
> Bob I wrote:
>
>> Unless of course there is an exception to the "loan sharking" law that
>> says if you have the document notarized then it is ok to charge rates
>> above 60%. Carefully read the exemptions, as it isn't black and white,
>> and the "illegal" part isn't necessarily there.
>>
>> John John wrote:
>>
>>> I have not really followed the discussion and I am not commenting on
>>> the EULA legalities. But...
>>>
>>> An interesting fact in law is that you cannot have someone sign an
>>> agreement to circumvent applicable laws and then claim indemnity.
>>> For example, charging interest rates above a certain amount is
>>> illegal (loansharking). Let's say the that rates above 60% P.A. are
>>> illegal. If you loan me money and tell me outright upfront that you
>>> will charge me 120% interest, and if I sign the loan agreement and
>>> accept your terms, you are still guilty of loansharking and if I were
>>> to take you to court you would lose. Even if I signed and accepted
>>> your contract you would still lose because the contract violates the
>>> law, it is an illegal contract.
>>>
>>> John
>>>
>>> Jupiter Jones [MVP] wrote:
>>>
>>>> As has been pointed out, paragraph 7 in the agreement.
>>>> If you accepted the agreement which is necessary for use, you have
>>>> already agreed to and been notified even though notification may not
>>>> have been what customers want.
>>>>
>>
The "issue" is how the law is written, IF the law provides for
EXCEPTIONS then there are circumstances where the "law" is not violated.
Pure and simple. Just like you "can't violate the overtime law" except
for the stated exception if a bargaining sets up a contract to do it
differently. It's the law that provided for the exception.
John John wrote:
> The contract would still be invalid regardless of what exceptions were
> written in it, it would be an illegal contract. Try assisted suicide
> and see how many fancy agreements and lawyers got around that one. Plain
> and simply the law states that you cannot write up contracts that
> violate applicable laws, if it were otherwise there would in fact be no
> law.
>
> John
>
> Bob I wrote:
>
>> Unless of course there is an exception to the "loan sharking" law that
>> says if you have the document notarized then it is ok to charge rates
>> above 60%. Carefully read the exemptions, as it isn't black and white,
>> and the "illegal" part isn't necessarily there.
>>
>> John John wrote:
>>
>>> I have not really followed the discussion and I am not commenting on
>>> the EULA legalities. But...
>>>
>>> An interesting fact in law is that you cannot have someone sign an
>>> agreement to circumvent applicable laws and then claim indemnity.
>>> For example, charging interest rates above a certain amount is
>>> illegal (loansharking). Let's say the that rates above 60% P.A. are
>>> illegal. If you loan me money and tell me outright upfront that you
>>> will charge me 120% interest, and if I sign the loan agreement and
>>> accept your terms, you are still guilty of loansharking and if I were
>>> to take you to court you would lose. Even if I signed and accepted
>>> your contract you would still lose because the contract violates the
>>> law, it is an illegal contract.
>>>
>>> John
>>>
>>> Jupiter Jones [MVP] wrote:
>>>
>>>> As has been pointed out, paragraph 7 in the agreement.
>>>> If you accepted the agreement which is necessary for use, you have
>>>> already agreed to and been notified even though notification may not
>>>> have been what customers want.
>>>>
>>