🚀 go-pugleaf

I wrote:
> Because the two parties find it in their mutual interest to make it so.
> The Microsoft license you refer to is not written into law: it is what
> Microsoft choses to offer and you chose to accept.

Michael O'Neill writes:
> copyright and license agreements are two seperate things.

I'm aware of that.  It is irrelevant to my point.

> The average shrink wrap license is what is called a contract of adhesion
> and is of dubious enforceability.

I'm aware of that as well.  It is also irrelevant to my point.

> Try to negotiate a different license agreement with MS.

Large businesses do so routinely.

> That's why its called a contract of adhesion, you aren't even made aware
> of the contract until after you've already paid for the product.  It's an
> absurd concept,...

Yes, of course it is.  Much law is absurd.

> I got news for you bud, there are all sorts of restrictions on what you
> and your employer can agree on.

So just because I've already been screwed out of some of my rights, I'm
supposed to willing give up more?

> acceptance of one thing is always rejection of everything else.  If you
> decide to eat lunch at 12 pm, you are deciding not to do other things at
> 12 pm.

But I am deciding.  A law requiring that lunch be eaten only at 12 noon
(12 pm is midnight) would deprive me of my freedom to choose.

> ...but there are already lot of restrictions on that right,...

I repeat: why should I want to give up more rights, just because I have
already been deprived of some?

> ...most of which the majority agree are desireable.

Most of the majority figure that if it is what they want to do it is ok to
compell the minority to do it.  You approve of tyranny of the majority?

> freedom of contract is really only a freedom among people of equal
> bargaining power.  In the real world, this rarely exists.

The notion of unequal bargaining power is meaningless unless one of the
parties possesses the power to use forceable compulsion: i.e., a government
(I expect this statement to meet with hoots of derision to which I see no
point in responding).
-- 
John Hasler
john@dhh.gt.org (John Hasler)
Dancing Horse Hill
Elmwood, WI