The kid who beat Microsoft
By Adam Gaffin, NetworkWorld.com, 04/05/05
Microsoft's army of lawyers was no match for a kid from Kent State: Kid buys Windows and Office XP Pro at his college store for $60, decides he doesn't want them, the store won't take the unopened boxes back, he sells them on eBay for $203.50, Microsoft sues him for for his eBay profits and court costs, alleging he caused several hundred thousand dollars in "irreparable damage."
He wins - in part by arguing he couldn't agree to the EULA because you can only see that if you load the software, which he never did.
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Comments
I posted about this case on the Neowin Forums last month - thanks for letting us know that it had a happy ending. I was afraid that Zamos had set himself for a big fall; going to the media was a shrewd move.
You might be interesting in taking a look at the opinions expressed in said Neowin thread. Some hoped Zamos would win, others hoped MS would have Zamos swinging on the gallows!
http://www.neowin.net/forum/index.php?showtopic=294882
Sadly, this settlement means once again we will never find out how legally binding an EULA (which you cannot read and accept in a tiny tiny dialog box on your screen until you've torn open the package and popped in a CD) actually is...
Posted by: quanta on April 5, 2005 01:24 PM
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