The terms of Microsoft's End User License Agreement (EULA) for its upcoming Vista operating system raises the conflict between two fundamental principles of contract law. The first, and more familiar, is that parties to a contract can generally agree to just about anything, as long as what they agree to doesn't violate the law and isn't "unconscionable".

The second principle is that the law generally disfavours the remedy of "self-help". That is to say that, if there is a violation of the terms of a contract, you usually have to go to court, prove the violation, and then you are entitled to damages or other relief.

Source: The Register 

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"Pornographic Summer", which was set up in 2004, and three other smaller websites Chen established since then attracted 600,000 members across China, according to Xinhua. The first 200,000 registered members did not have to pay any fees, but the others had to pay between 199 and 266 yuan (25 and 33 dollars) to join.

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Source: Xinhua

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The person who actually created the “Zune” name is getting no credit at all.

Zune is on everyone's lips these days, be it in a context of criticism or... Let's be fair, there is no or. But who do we have to give credit to for coming up with the name? Surprisingly enough, not Microsoft.  If it would have been up to them, Zune would have been called Portable Windows Media Center, or something else equally dull and with corporate nuances.

Actually, the person that created the name isn't getting any credit at all. The Zune name originated within Lexicon Branding, a Sausalito-based branding company BlackBerry, Pentium, PowerBook, and OnStar are among their impressive creations.

 Source: Neowin

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ADOBE CEO Bruce Chizen has told the German financial weekly Euro am Sonntag that he is watching Microsoft for anti-trust activities and may sue Vole if the EU fails to do so.

Chizen "declined to exclude" the possibility of legal action against Microsoft as an alternative to being chummy with it over Adobe's Portable Document Format.

Chizen said that Adobe was keeping a close watch on whether Vole was behaving illegally or holding back. If Microsoft over promotes its XPS document standard, Adobe would either sue Microsoft directly, or cooperate with the EU and continue to supply it with the information it needs to pursue its case.

Source: The Inquirer

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Apple Computer Inc. shares closed at an all-time high Tuesday as investors got behind the company's stock following some recent analyst speculation about iPod sales in the holiday season, along with the belief that Apple is close to getting into the mobile-phone market.

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Website Connected Internet has a great article on today’s birthday for Microsoft Windows - celebrating 21 years. Microsoft Windows 1.0 was released on November 20th, 1985.

They have some interesting trivia questions (21 to be exact) on Microsoft Windows over the years such as how Bill Gates originally wanted to name Windows something else: “Interface Manager”. I agree that I’m glad they chose Windows.

I can’t say I’ve been using Windows since day 1 unfortunately but have been using it since the early days of Windows 3.1 and have enjoyed seeing Windows progress into what we have today - Windows Vista. I certainly can’t wait to see what Microsoft has up their sleeve for improvements to Vista as well as their goals for the next version of Windows. There is a high level of excitement regarding future development of Windows. Microsoft has new management coming in to lead the next version (Jim Allchin is due to retire once Vista ships) who need to figure out what the next steps for Windows will be. With the next version be a point release like XP was from Windows 2000 (XP was Version 5.1, Windows 2000 was Version 5). Or will the next release be a full version release - Windows Version 7.0?

Source: MSTechToday

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Online retailer Amazon UK opened preorders for the Wii this morning, November 21--and sold out in just 10 minutes. When GameSpot checked at 9:25 a.m., preorders were not open. At 9:30 a.m., the site was offering the Wii, with the Wii Sports games compilation, and the Wiimote and Nunchuk controllers for £179.99 (around $342), the recommended retail price.

By 9:40 a.m., Amazon UK proclaimed, "We are currently unable to offer this item." A short while later, the Web site confirmed: "We've sold out of our initial allocation of Nintendo Wii consoles." The company also posted a FAQ for those who were unlucky in preordering a console the first time round.

It advised those desperate for a Wii that it would be receiving more stock from Nintendo before the official European launch day of December 8, and once it had received the next batch, it would start taking preorders again. Gamers could sign up for e-mail notifications so they would be alerted when the new consoles come in.

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Microsoft Corp. and Novell Inc. say that they have "agreed to disagree" on a key issue dividing their respective parts of the technology world, but that it won't jeopardize their sweeping business deal and patent truce.

In a twist that underscored the unlikely nature of their alliance, Novell Chief Executive Ron Hovsepian publicly distanced his company Monday from Microsoft Chief Executive Steve Ballmer's statement last week that the open-source Linux operating system contains patented Microsoft technology.

"Importantly, our agreement with Microsoft is in no way an acknowledgment that Linux infringes upon any Microsoft intellectual property," Hovsepian wrote in a letter to the open-source community, posted on Novell's Web site. He added, "When we entered the patent-cooperation agreement with Microsoft, Novell did not agree or admit that Linux or any other Novell offering violates Microsoft patents."

Source: SeatlePI 

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Despite the throngs, the midnight launch event went smoothly.

That contrasted with the launch of Sony Corp.'s PlayStation 3 console just two days earlier, which forced police to disperse crowds at some stores around the country. (Watch the PS3 stampede -- 1:05)

The first buyer, Isaiah Triforce Johnson, had been waiting in line outside the store for more than a week. He wore a Nintendo Power Glove, a wearable controller that came out in 1989, while shaking hands with Nintendo of America president Reggie Fils-Aime after buying the first Wii.

Source: CNN 

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Universal Music Group, the world's largest music company, said on Friday it filed a lawsuit against popular social networking site MySpace for infringing copyrights of thousands of its artists' works. Universal, owned by French media giant Vivendi (VIV.PA), filed the suit at the U.S. District Court Central District of California, Western Division.

The lawsuit accuses MySpace of allowing users to upload videos illegally and taking part in the infringement by re-formatting the videos to be played back or sent to others. It follows several months of talks on music rights with News Corp.'s  MySpace, which broke down late on Thursday, a source familiar with the discussions said.

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Source: Reuters

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