A few responses.. briefly. I didnt claim that Vista is spyware here (though it probably meets the legal definitions of spyware in many states.) I pointed out that spyware also has EULAs, so its not enough to say "well, you agreed to it in the EULA..." Look at FTC v. Odysseus Software on www.ftc.gov.

Second point. Sure, MS, and everyone else has a right to protected their product from infringement and theft. Absolutely. If you and I were to attempt to protect OUR legal rights, we would be forced to PROVE a violation of our rights through competent evidence, and with rare exceptions, would not be legally entitled to resort to "self-help." Imagine a car which, when a monthly payment is not made (or when the "owner" - the leasing company believes that one has not been paid) shuts itself off, leaving you stranded on the side of the highway until you call the company with a credit card number, and if they are wrong, you can go to court and get the amount of your overpayment back. Its not the RIGHT, its the REMEDY that may be unlawful - particularly under Maryland law.

Oh, I have a Juris doctor degree, and have been a practicing lawyer in 4 jurisdictions for over 24 years.

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