On Tue, Sep 14, 2004 at 12:20:08AM -0400, Brian M Hunt wrote:
> On September 13, 2004 11:28 pm, Anthony DeRobertis wrote:
> > You can sue Microsoft in any state in the Union, and probably most
> > countries in the world, without this clause, too. That's because
> > Microsoft no doubt does business in your state or country.
>
> This is probably tangential, but it may be noteworthy.
>
> It depends in part on why you are suing them, in some jurisdictions anyway, it
> seems. According to the interpretation of an MSN click-through ("I Agree")
> EULA by Canadian courts in Rudder v. Microsoft Corp (1999), you are bound to
> the aggrement stating that disputes may only be settled in King County in the
> State of Washington. I believe in Caspi v. The Microsoft Network, L.L.C.
> (1999) upheld the same clause in New Jersy.
>
> These seem intrinsically tied to the licensing of some software with an
> appropriate EULA. They may prevent you from suing the licensor cost
> effectively or in a suitable court of law (think selecting countries who have
This can only possibly hold if you have previously legally agreed to the
EULA involved. If, for instance, MS were to snaffle some of my software and
use it in a product of theirs, unless I've agreed to the EULA covering
*that* software, they have no grounds to claim that I have agreed to sue
them in Seattle or wherever they've specified.
- Matt
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