Is it OK for Microsoft and others to forbid disclosure of benchmark results?

James Edgar Twilley grimjack at blitz-it.net
Fri Nov 2 03:56:18 CST 2001


I have been doing a little reading, and in both Missouri and Kansas,
there are laws, (the Uniform Commercial Code) that apply to both Leases
and Licenses.  They state explicitly that if you are not allowed to read
the FULL content of the agreement before the exchange of tender, the the
agreement is not binding and that an actual sale has taken place.
IANAL, which is a cop out I know, but it would seem that using this law,
all software sold with a shrink wrap or click wrap license is a SALE not
a lease or license.  Any one know a lawyer who can mayhap explain this
better?

>On Thu, Nov ,  at 05:56:25PM -0600, Ray Hanes wrote:
>> Man I just looked at this for the first time today.  What this
ignores is
>> the fact that you can not sign away basic rights granted by the
Constitution
> >in an agreement. This is clearly an obstruction of freedom of speech.

>>
>You are so very right, but that can be an expensive freedom to defend
>when dealing with a monster like M$




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