Ask Lemmy
A Fediverse community for open-ended, thought provoking questions
Rules: (interactive)
1) Be nice and; have fun
Doxxing, trolling, sealioning, racism, and toxicity are not welcomed in AskLemmy. Remember what your mother said: if you can't say something nice, don't say anything at all. In addition, the site-wide Lemmy.world terms of service also apply here. Please familiarize yourself with them
2) All posts must end with a '?'
This is sort of like Jeopardy. Please phrase all post titles in the form of a proper question ending with ?
3) No spam
Please do not flood the community with nonsense. Actual suspected spammers will be banned on site. No astroturfing.
4) NSFW is okay, within reason
Just remember to tag posts with either a content warning or a [NSFW] tag. Overtly sexual posts are not allowed, please direct them to either !asklemmyafterdark@lemmy.world or !asklemmynsfw@lemmynsfw.com.
NSFW comments should be restricted to posts tagged [NSFW].
5) This is not a support community.
It is not a place for 'how do I?', type questions.
If you have any questions regarding the site itself or would like to report a community, please direct them to Lemmy.world Support or email info@lemmy.world. For other questions check our partnered communities list, or use the search function.
6) No US Politics.
Please don't post about current US Politics. If you need to do this, try !politicaldiscussion@lemmy.world or !askusa@discuss.online
Reminder: The terms of service apply here too.
Partnered Communities:
Logo design credit goes to: tubbadu
view the rest of the comments
Just because they put it in the terms doesn't it legal.
Still has a chilling effect on pushback
You know, I'm not actually sure how binding it is exactly, aside from not totally. It must do something or they wouldn't bother getting pretend consent.
It kinda does make it legal. If you don't agree to the terms of the product, then you are using it illegally. It sucks, but that's where the law is. I am typing this on a Linux laptop in Firefox, but those have terms and conditions, too!
That depends on the location/jurisdiction, but I do have a hard time believing that any court would uphold a EULA stating that you have to cook dinner for any Microsoft employee that happens to request it, just because to installed Windows 11.
I believe a fair number of juristictions also invalidate any EULA that's only viewable after you've purchased a product so most software EULAs are worth less than toilet paper anyway.
EULA's are widely honored and established law. However, anyone can push back on anything they put in an agreement.
To fight Microsoft, you have to fight Microsoft's lawyers, in Microsoft's jurisdiction. But you can't sue them, because you already agreed to arbitration. And you'd have to pay lawyers in what would be a long, drawn out process.
If Microsoft demands things that are incredibly weird like what you describe above, there definitely would be a chance it could be appealed to a court and eventually see a judge. I think it would be a long and expensive process for both sides getting there. And Microsoft's argument would be, "The user has the option to stop using it."
There are undoubtedly severance clauses in there, so if a court deems a part of a license illegal, then it is stricken, and the rest of the agreement stands.
So, Microsoft's lawyers only put things in the agreement that they are 99+% sure of wanting and winning. So they probably won't request your spleen. They don't want that. They just want your money, your data, and your eyeballs connected to your brain.