[thelist] Re: Win 98 Fix cd
Ken Schaefer
ken at adOpenStatic.com
Tue Jan 20 20:20:26 CST 2004
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From: "Scott wolpow" <scott at netalytical.com>
Subject: Re: [thelist] Re: Win 98 Fix cd
: Just because Microsoft claims it does not make it so.
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...and just because you post this doesn't mean that it isn't so either. You
claimed that: "There are many many new copies floating around", and that
Microsoft had to support them. Windows 98 has not been available to the
general public since June 1999, which over 4 years ago. Furthermore, I don't
see anything that supports the contention that they need to provide support.
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: Many companies think their rules are law some how. I spoke to
: a Telco that claims my client signed a 7 year contract. They have
: no written contract. They claim it is oral and enforceable.
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An oral contract is definately enforceable in all common law jurisdictions
that I'm familiar with (Australia mainly, since that's where I studied law,
but also the UK, and the US). There is not question of law there.
The only question is one of fact - was a legally binding contract agreed to
by the parties, and for that the party alleging the contract needs to
provide /evidence/ that such a contract was agreed to. If the evidence is
such that it satisfies the burden of proof, then an oral contract is just as
enforceable as a written contract.
What this telco's claims about a contract have to do with Windows 98 support
from Microsoft I don't know. I can't see any real logical argument contained
therein.
For your benefit, I will repost the links that I posted previously. There is
a wealth of information there, and it's well worth examining if you have
Windows 98, or support users with Windows 98:
Extension information:
http://support.microsoft.com/default.aspx?pr=LifeAn1
Extension FAQ:
http://support.microsoft.com/default.aspx?pr=LifeWinExtndFAQ
Lifecycle listing by product:
http://support.microsoft.com/default.aspx?scid=fh;[ln];LifeWin
Lifecycle information
http://support.microsoft.com/default.aspx?scid=fh;[ln];lifecycle
Windows Lifecycle FAQ:
http://support.microsoft.com/default.aspx?pr=LifeWinFAQ
Cheers
Ken
Microsoft MVP - Windows Server (IIS)
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