I have yet to hear of a case where any court (Fed or state) has enforced these "gag" clauses in the EULAs.

I know Microsoft has included this language in Front Page for years--which only drove people to other web page builders (I don't know about other Office Products as I've essentially abandoned that buggy nightmare for OpenOffice and Atlantis). I only have Word and Excel installed at all so I can access doc and xls files if I have any problems with OpenOffice's converters.

I just don't see how this can withstand First Amendment scrutiny. After all, journalists run benchmarks and publish them all the time in software reviews. How else is anyone, from Joe Schmo (who didn't get the hot chick even tho' he was a brilliant self-made millionaire) to Wal-Mart going to decided which products to buy?

If you do a trial run--as I assume all big companies do to see how it interacts with the middleware and the back-end ware as well as the clients???

I would really like to know if anyone knows of MSFT filing a suit on this basis and what, if any, the disposition was.

I would like to know the name of the idiot at IBM who gave Gates and Allen a non-exclusive MS-DOS license. Something tells me he doesn't work there any more...something tells me he works at Microsoft or retired to Brazil quite suddenly wealthy...just kidding! That kind of thing could never happen here!

If only Apple had licensed the Mac OS back in '85...and ported it to IBM hardware, we might actually have a competitive OS market.

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