You seem to be under the impression that this setup was created for the express purpose of denying you access to the hardware until you have agreed to the EULA.
However that is a direct contradiction of the person you are responding to, who mentions that this is a vestige of a certain set of configuration options that are common on Windows 8 machines.
This is not intended, and will likely be patched if enough complaints are heard. Remember they are just requiring that you accept their EULA to boot their OS, denying you access to the firmware was never their intent.
No, I'm not countering DannyBee. I'm collecting the list of legal arguments that might be used if/when this is litigated.
Lovely as it is that Microsoft didn't mean for it to work like this, they're the one who will get the service of process saying "please appear in court and defend your position," if/when this is litigated. That is the kind of complaint they might actually "hear" that would get a response.
I don't care about their good intentions. Get out of my hardware, get out of my life, Microsoft.
> denying you access to the firmware was never their intent.
Unlikely. With a new person or company it's sporting to give them the benefit of the doubt. With Microsoft if you're still ignoring everything illegal and anti-competitive they do you're on the payroll.
Microsoft specifically modified its products to sabotage a competitor, and lied about it. Microsoft faked evidence to use in Federal court and Bill presented that evidence though it was clearly wrong to anyone who'd used windows.
Why on Earth would anyone give them the benefit of the doubt?
The BSA, which they support, wouldn't give you the benefit of the doubt.
However that is a direct contradiction of the person you are responding to, who mentions that this is a vestige of a certain set of configuration options that are common on Windows 8 machines.
This is not intended, and will likely be patched if enough complaints are heard. Remember they are just requiring that you accept their EULA to boot their OS, denying you access to the firmware was never their intent.