What is Digg?118 Comments
- ktholliday, on 10/12/2007, -1/+3i agree on that point, microsoft is causing a monapoly, they want to own everything in the computer market, my questions "why is it taking them so long to roll out a new OS?" i mean Apple has rolled 4 completely different OS 's in the last 4 year and they are all better than the prev. Thats all i have to say about that.
- Goatweed, on 10/12/2007, -1/+3this is a great read, and I'm glad to see the little guy standing up for himself over unfair business practices. I'm surprised this didn't get a lot more attention.
- 5blocksfree, on 10/12/2007, -0/+2long2heng: I don't see it that way at all. I was apprised of a similar situation where someone went to a local computer store to purchase some Microsoft software, noting on the box that it said something to the effect, "if you don't agree to the terms of the EULA, return the software for a refund." The store said they do not except opened software for return...but the EULA was inside the box so someone would *have* to open it in order to determine if they agreed or not. The store eventually relented, but you'd have a hard time convincing me that this isn't complete BS. The guy in this article did everyone a favor.
- nukethewhales, on 10/12/2007, -0/+1It is wierd that when people talk about frivolous lawsuits they think of the mcdonalds coffee lawsuit but not these corporate lawsuits. Corporations like Microsoft and the members of the RIAA seem to sue people all the time and because they have the money and power they expect a settlement from the poor clueless defendants rather than an real discussion of the merits of the case. This is the lawsuit abuse we should really be trying to stop.
- andyatkinson, on 10/12/2007, -0/+1I was in a similar situation last summer. Buying an academic copy from the University of Minnesota before I realized that we get several MSDNAA licenses (per student). Since I couldn't return it, I plopped it on eBay. Within a day, I got an email from eBay administrators saying that I was trying to sell software that was not legal to sell. Somehow they knew it was the academic version despite me not mentioning that in the sale.
I thought that if I sold at a fixed price, I wouldn't make a profit, therefore (1) not making any money off the sale. (2) I thought that I could "assume" the rights would be transferred to another "academician," meaning they would be eligible for the same discount at their school. Apparently both of these did not hold true according the EULA, and after 2 attempts on eBay, I have a 75 dollar copy of WXP Pro that I've never used.
andyatkinson.net - team-6, on 10/12/2007, -0/+1Its funny to see microsoft backpeddle after being called to the carpet. I like what he said at the end " Zamos says he'll still use the company's software. He has no choice. "I have to, since they practically own the universe."
As he stares at his Hotmail account, loaded with interview requests and ingratiating pleas from Chudakoff for a chance to chat, he laughs. "Today, I just realized -- Microsoft owns Hotmail!"
Funny stuff ! - kyrobeshay, on 10/12/2007, -0/+1Uh oh.. politics
And yes, good call fuelvolts, it is indeed Neil Cavuto. Well, even if he does think it's a crazy conservative talk show, at least it would have propelled his story onto national television. Anyways, I commend this guy for his motivation and persistence. I would have just settled and gotten back to watching Dr. Phil. - dieselpuker, on 10/12/2007, -0/+1Microsoft took the first slash. He was just trying to get a refund on an unopened item. Maybe this will shrink Microsoft's swollen heads.
- ModernTenshi, on 10/12/2007, -0/+1That's why I use OpenOffice.org, so I don't have to worry about crap like this. Totally free, I can give it to anyone I want, and it works with Microsoft Office.
- kevd18, on 10/12/2007, -0/+1F***k Microsoft!!!
- Grypht, on 10/12/2007, -0/+1Exobot: "To the people saying this is too long... dude. ever read a book?"
Agreed. What is it with all these people complaining about articles that are "too long"? The Internet itself is mostly TEXT based! PLUS, this is a technology news website where articles are posted to be READ. If you can't read something that flows easily and is entertaining, you shouldn't be on the Internet. Go play with your picture books. - bebopredux, on 10/12/2007, -0/+1"Zamos says he'll still use the company's software. He has no choice. "I have to, since they practically own the universe."
Oh come on. If you spent a fraction of the time you spent on this case you'd discover that isn't so. By admitting you still use Hotmail and MS crapware you STILL gave Microsoft a reason to smile at the end!
I use OSX and NeoOffice J and sleep better. - indication, on 10/12/2007, -0/+0I loved his comment about becoming a lawyer. '"Are you kidding? I hate this stuff!"'
I also agree with kloud213, 'this dude is my hero.... his drive is just amazing' - jakobrowning, on 10/12/2007, -0/+0I love this story, I'm actually doing a reseach paper on Software Engineering ethics and I'm focusing on this story for a portion about EULA ethics. Great dig, wish I thought to do it when I started the assignment.
- fixit2new, on 10/12/2007, -0/+0"Like I said, man, I totally looked up everything,"
well.... Excellent research skills. Pharmaceutical researchers pay attention!!!
$30 bil vs $3500. HAH! - Ender61484, on 10/12/2007, -0/+0Awesome Story
- kloud213, on 10/12/2007, -0/+0this dude is my hero.... his drive is just amazing
- x_out, on 10/12/2007, -0/+0Is it me, or does this story trail off just a little. Overall Good read though ;)
- antiwmac, on 10/12/2007, -0/+0Great story!
this makes Microsoft really *****.
well, already from the time bill ass born. - AkronGuy, on 10/12/2007, -0/+0Hey! This guy goes to my school. When this thing went on, there were a bunch of news crews filming on campus. It was a while ago though.
- 5blocksfree, on 10/12/2007, -0/+0anonymoustroll>>The question that nobody seems to have bothered to ask is *WHY* did microsoft back down. Everyone on the planet knows that microsoft has the power to pound any one individual in to the dirt.
It may have been a case where they would have won the battle (easily), but taken a lot of collateral damage along the way. There's something called public opinion, and sometimes it does matter. - emerica88x, on 10/12/2007, -0/+0ah man took me a while to read that whole article but it was worth it. good for that Zamos guy too, too bad he didn't take the tv oportunity.
- m4v1s, on 10/12/2007, -0/+0hurrah
- capajc, on 10/12/2007, -0/+0This kid's a *****' idiot. Takes him that long to "realize" MS owns Hotmail? Holy crap. Hippy creep.
- amishjim, on 10/12/2007, -0/+0I recently went to the launch of MS Visual Studio 05, at the end they gave all attendees copies of the new software, stating that we were not allowed to ever sell it, if it was on ebay they would take it down. a week later i read this, lol. bastards , ha.
- altf4osu, on 10/12/2007, -0/+0"And this guys should not have sold academic software on Ebay, especially if he could not confirm that the buyer was a student. They make it cheap for students, and any abuse of this software will just make Microsoft pull the whole program."
Please. Microsoft makes so much bank off the Academic program they should be sued. My university spends Millions (not an over exaggeration) on Microsoft software each year for access for Staff and Faculty to get access for work machines, students using computers on campus have to be licensed, etc. etc. etc. It's so much BS the rates they charge. We actually stopped our campus agreement with Novell (a few hundred thousand per year) because we had to spend all the money available to pay off Microsoft. They'll never stop the Academic programs, no matter what. - ucf2011, on 10/12/2007, -0/+0That is a great story... it is good to finally hear that someone is standing up to Microsoft and their bully lawyers
- tuya, on 10/12/2007, -0/+0that bill dude i hate him since the day i knew he was stinking rich so is not a surprise that that jerk ... used you.But thank god you dint shut your mouth and let him get away whit that it was very brave to speak out.
- fullasn, on 10/12/2007, -0/+0The story could of been shortened up within a page by GETTING TO THE POINT. A lot of blah blah blah. I can careless about the guy, I just wanted to know what happened. But anyways, software companies like Microsoft have a student "helping" program for those who are not fortunate to spend hundreds of dollars on software to give them the help they need in school. I think it should be okay for an unopened software to be sold at the cost they purchased it at would of been okay. But the guy made a profit from the deal and that wasn't the software's intended purpose. Microsoft should of taken the software back for a full refund because the user basically didn't agree to the terms so he should of just went to the Better Business Bureau and make a claim. He wasn't FORCED to sell it on eBay! That guy luckly dodged the bullet. If Microsoft wanted to take him out, they would of and would of won their case. To them, it wasn't economical and cost effective.
- wetelectric, on 10/12/2007, -0/+0Excellent article. Well written and a good read.
- ajaykilkenny, on 10/12/2007, -0/+0microsoft is such a tighwad
- stevenjs86, on 10/12/2007, -0/+0awsome!!!
- IraqManiac, on 10/12/2007, -0/+0HAHA LOL I DIGG IT!!!
- skellener, on 10/12/2007, -0/+0Wow! Amazing story! Kudos to David Zamos!
And the moral is....don't buy M$ products in the first place and you won't have this problem! - scarper86, on 10/12/2007, -0/+0"Fox is the only sane news outlet."
Haha Look up the University of Maryland study that showed people who get their news from Fox are significantly more ignorant of well-known facts (which are not the same as opinions, no matter what blowhards like Bill O'Reilly might have told you.) - inactive, on 10/12/2007, -0/+0$143 wow what a windfall.
- sandrino, on 10/12/2007, -0/+0He shouldn't have a greed to an NDA. Otherwise a great story.
- RavenEdge, on 10/12/2007, -0/+0Long but awsome story
dugg! - inactive, on 10/12/2007, -0/+0This is just AWESOME. Go little guys!
- jhawksley, on 10/12/2007, -0/+0I live in Kent Ohio and my mom teaches at the university, and My sister is a student there. The guy was pretty popular among the students... quite a rebel.
- angelwspr, on 10/12/2007, -0/+0Micro$uck got pWNED!!!!
"Packaging a contract, that you can't read, inside a shrink-wrapped box is not going to fly with most judges..." - Ajzz, on 10/12/2007, -0/+0"The well-built 21-year-old sips a jumbo..." Stopped reading after that.
- dhughes, on 10/12/2007, -0/+0 This is the problem if you want to buy a laptop or a desktop system, for instance at Best Buy. You can't get it without Windows and if you buy it and don't use it (it's all preloaded now though..not even an install CD!) you can't return it. You're screwed either way.
So if you see a laptop you want and you're a Linux user you have to pay Microsoft just to get the laptop. - rewritable, on 10/12/2007, -0/+0Microsoft = Owned......by a Normal f***ing guy!!!!!!!!!!!!!!
- Bluejaye, on 10/12/2007, -0/+0What a great read!
- modpancake, on 10/12/2007, -0/+0Just read it all. Incredible.
- hipnerd, on 10/12/2007, -0/+0Microsoft, as copyright holder, has the right of "first sale." That means that other people can;t simply copy their work and sell those copies.
This is a second sale. You have a right to sell merchandise that you have purchased. Be it used books, used movies or used software.
Can you have a contract that forbids second sale? Sure. But packaging that contract inside a shrink-wrapped box is not going to fly with most judges. You can't be a willing participant in a contract that you cannot read until after purchasing the product and opening the box.
Likewise, most judges would dismiss the "Not for Resale" sticker on the front. It's generally not considered legally binding.
I'm glad this kid made a stand. I wish more people would. - zerofocus, on 10/12/2007, -0/+0How ****** gay* is that! It makes me so mad that I almost want to switch to a mac. Glad he won.
- dinki, on 10/12/2007, -0/+0Kind of funny he couldn't remember if it was within the ten day window for his return at the store. Surely the date was written on the receipt.
- diluuk, on 10/12/2007, -0/+0So this guy has the time to prepare this case against Microsoft and win, but he doesn't have time to format his computer and reinstall windows? Also, why did he need to sell office, you don't need to format to install that.
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