How does one buy Microsoft Licenses?

[snoopy369]

It's been repeatedly shown that so-called EULAs containing unenforceable provisions are themselves unenforceable; and as this is an unenforceable provision, it would then be ... unenforceable

[Asher]

Originally posted by snoopy369
It's been repeatedly shown that so-called EULAs containing unenforceable provisions

It's very clearly enforceable. Why do you think WGA exists? to keep an updated index of non-legal keys that are in use.

[Asher]

You may wonder whether these licenses are legal. Most of them do hold up in court as long as they are reasonably clear, according to Parry Aftab, an attorney specializing in Internet privacy and security law (www.aftab.com). "The courts have said that if you click on something saying 'I agree' then it's legal consent." There are exceptions however. "If it's not legally clear enough, you haven't given consent to anything because there is no meeting of the minds. It goes back to basis of contract law from 500 years ago. You have to both agree on what you are agreeing on." In other words, if the agreement is incomprehensible, it may be unenforceable, according to Aftab.

Are you confusing "unenforceable" with "incomprehensible"?

[Asher]

Actually, it looks like in the case of Windows XP, the license is legally transferable now (as of the June 2004 EULA):

http://www.microsoft.com/windowsxp/home/eula.mspx

13. SOFTWARE TRANSFER. Internal. You may move the Software to a different Workstation Computer. After the transfer, you must completely remove the Software from the former Workstation Computer. Transfer to Third Party. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.

[snoopy369]

That's because the policy of non-transferrableness was unenforceable...

Any EULA worth its socks (and any contract same) has at some point a clause "if any part of this is unenforceable, strike that part, sorry, but the rest stays".

The fact that Micrsoft attempts to enforce a rule of its own making is neither here nor there in the legal realm.

[Urban Ranger]

Originally posted by Asher
It's very clearly enforceable. Why do you think WGA exists? to keep an updated index of non-legal keys that are in use.

The second part clearly does not support the first part.