Interesting Microsoft license clause re open source

[David Johnson]

On Monday 25 June 2001 08:41 am, Ravicher, Daniel B. wrote:

> Perhaps the biggest would be the antitrust laws.  The Sherman Act doesn't
> allow parties to negotiate agreements which have a net-anticompetitive
> effect on the relevant market. 

Do you know anyone who has _negotiated_ with Microsoft over the terms of the 
EULA? Personally, and IANAL, I don't consider the EULA to be a contract. I 
have not agreed to it. I have not signed it. I have not given my verbal "OK" 
to anyone. The courts are still out on the validity of shrink-wrap and 
click-through. 

Just because Microsoft says people are under an agreement does not make it 
so. I've bought the software, and along with that purchase came the rights to 
use that software. So long as I don't distribute it, publicly perform it, or 
create derivations of it, I can do whatever I want. Including using it as a 
tool in conjunction with Open Source tools.

Again, IANAL. I won't pay your legal expenses if you use my opinions as legal 
argument.

-- 
David Johnson
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