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more on more on the Vista EULA allows self-help
From: David Farber <dave () farber net>
Date: Wed, 29 Nov 2006 20:34:12 -0500

Begin forwarded message:

From: Richard Santalesa <rsantalesa () verizon net>
Date: November 29, 2006 5:44:45 PM EST
To: dave () farber net
Subject: Re: [IP] more on the Vista EULA allows self-help
Reply-To: rsantalesa () verizon net


I am a lawyer and the answer to a previous email on this thread wondering "if an ISPs Acceptable Use Policy says you cannot do certain things, but the actual applicable law says that you cannot be prevented from doing such things by an AUP, shouldn't the deceived customers have a cause of action?" is a resounding no - unless the statute specifically grants an individual cause of action.

While I haven't read the EULA in question yet, it no doubt has a savings clause that states, roughly, that any portion deemed not enforceable or contrary to law or public policy will be severed and the remaining contract will be valid and in effect. Contracts contains clauses that are put in all the time that may or may not be enforceable at any given point based on the state of the law at the time of the breach.

Rich Santalesa

Sent from my BlackBerry wireless handheld.

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