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Originally Posted by DawnFalcon
Except that is what the law says specifically does not happen with automatically unfair contract terms. You cannot argue that they are not violations of the law, they are. You are stubbornly refusing to accnowledge how UK contract law works. The entire point is you cannot excuse violating those terms, and when it comes to a written EULA where you've clearly done so, you don't have a leg to stand on.
You can argue about terms which are not automatically unfair, and try to defend things like using unclear language as well as the advertising issues, but not automatically unfair terms. The only thing to discuss about them is the remedy.
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Well if the terms are so obviously "automatically unfair" why haven't you saved the
ENTIRE games industry(of which you are apparently a part) from the screwing over MS is doing by pointing these out to a judge and having them removed? Why hasn't anyone? I mean it is a very easy thing to get a lawyer these days, lots of them work on a "I don't get paid unless I win" basis. Why hasn't the Office of Fair Trading(or it's UK equivalent) done it's job and ordered MS to remove them?
Maybe it's because not everyone agrees with your assessment on how the law works and understands that just because DawnFalcon believes they are unfair does not automatically make them so.
Quote:
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Originally Posted by DawnFalcon
And right, you'd rather I shut up and shill for the corperates more.
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Not at all. As I said, I'd like you to do either one of the following two things....
1: Admit that the balance of probabilities favours your claims being, at the very least, highly exaggerated if not entirely made up and admit all your information is something that should be taken with a grain of salt as you are unwilling and unable to back it up with any evidence.
or
2: Give some sort of evidence to back up your claims. Of course none of this secret society stuff, wouldn't want you to break your sworn oath to not reveal the secret identities of your private internet forum group buddies who obviously must be taken upon their word as completely honest. Maybe just anything that isn't confidential. Maybe just some verifiable numbers of "mass bannings of innocent people". Maybe just anything at all that verifies your claims one little bit.
Until you do it's kind of like me saying I have proven beyond any doubt that man can travel faster than the speed of light and you all should believe me even though I'm not willing to back my claim up with any evidence at all.
Cheers,
PKFFW