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EULAs are alot different than a contract.. A contract is signed and witnessed most of the time. Always singed by the person it is being given to tho. A EULA is a simple click of the mouse. There is no evidence to say who clicked the mouse. What if I bought my computer from small business, and they used a stolen key. Am I therefore resposible for the theft? Does my property need to be destroyed? Yes, a EULA is binding, but no, I do not think MS has the power to do this.
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You stole the words right out of my mouth. That's cliche #3 today.... ANYWAY....
I wonder if there has been any court upholdings on the EULAs when it pertains to a 'click' of a mouse onto a button (and sometimes a little check box). As for your question based on the small business, I think that the purchaser will be fine, since any checking of serial numbers to see if they are valid is hard enough as it is, let alone one to a program that you don't have the CDs or DVDs for.