[thelist] MSN locks out non IE browsers

martin.p.burns at uk.pwcglobal.com martin.p.burns at uk.pwcglobal.com
Tue Oct 30 04:21:20 CST 2001

Memo from Martin P Burns of PricewaterhouseCoopers

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Of course, this may vary depending on your legislative
regime, but generally, contract law is about a freely made offer,
and a freely made acceptance.

You choose to offer X in return for Y. I choose to accept that
offer. A contract is made.

You offer X in return for Y, I *don't* choose to accept that offer,
a contract is not made.


To:   thelist at lists.evolt.org

Subject:  RE: [thelist] MSN locks out non IE browsers

Legally, I believe you will find that a business is obligated to make their
product available to anyone who tenders legal currency, (of course there
exceptions, such as controlled substances and sale of items outside the
boundaries of the country and so on).  Therefore I don't believe that MS
could refuse a customer a subscription because of the browser that they
They can state that their product is only guaranteed  to work under certain
circumstances.  I think that a tire dealer would find himself in a legal
of hot water if he refused to sell me a 16" tire only because the car I
owned takes 15" tires.  But it would certainly make me look foolish if I
insisted that I be able to waste my money something that I couldn't use.
Once the vendor makes the circumstances known under which the product is
guaranteed to work in, CAVEAT EMPTOR!

-----Original Message-----
>From spinhead
Subject: Re: [thelist] MSN locks out non IE browsers

"We reserve the right to refuse service to anyone"

Isn't it up to the vendor to decide who's business they want? I'm not
I agree with ANYTHING Microsoft does, but if the discussion is 'what gives
them the right to dictate which browser is used to view their site' then it
comes back to the question, 'do I (as a vendor) have the right to decide
I do business with, or am I obligated to sell to anyone with a buck?

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