[thelist] MSN locks out non IE browsers

martin.p.burns at uk.pwcglobal.com martin.p.burns at uk.pwcglobal.com
Tue Oct 30 04:28:31 CST 2001

Memo from Martin P Burns of PricewaterhouseCoopers

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In most jurisdictions, yes you can, up until the point where contract
is made. You'll notice that in most Terms & Conditions, there's something
along the lines of "such and such does not constitute an offer for sale" -
and precendent in most jurisdictions is that advertising is not a
offer to sell, simply an invitation for offers. The same with products on a
shelf of a shop.

You the customer makes the offer. The vendor chooses (or not) to accept.

Also, you could argue that all MS have done is put conditions on usage
of the site. Meet the conditions (ie5+) and you're in.


To:   thelist at lists.evolt.org

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

I think you are mixing up conditions that need to be met to conduct
and refusing to do business.  I cannot refuse to sell you a product if you
meet the conditions that I have previously spelled out.  I cannot change
conditions of the sale if I don't like you or at a whim.

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

guy walks into a menswear store.  he's not wearing any shoes.  "i'm sorry,
but you're going to have to leave.  no shirt, no shoes, no service."

or, guy walks into bowling alley.  he wants to bowl.  "i'm sorry sir, but
you're going to have to rent a pair of *our* bowling shoes if you want to
bowl.  we can't allow you to use street shoes because it will mess up the

or, guy walks into skating rink with his own skates.  "i'm sorry sire, but
you can't use your own skates here.  you'll need to rent a pair of ours if
you want to use our facility."

simply put, the vendor has the final say on who they do business with --
the other way around.

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