QUOTE(johnnyrico @ Dec 9 2007, 11:26 PM)

Not entirely correct: on the box it says you MUST agree to the enclosed EULA in either the manual or enclosed booklet if you want to use the software, if you don't agree you should return it to the retailer you bought it from.
No it doesn't; you're thinking of Windows and Excel.
On Halo 3 it says
"For use only with Xbox 360 entertainment systems with a PAL designation and PAL TVs capable of displaying a 60Hz signal. See xbox.com for details. Unauthorised copying, reverse engineering, transmission, public performance, rental, pay for play, or circumvention of copy protection is strictly prohibited
Xbox Live System Requirements with Xbox 360 system and games: Paid membership required for online play. Some Xbox Live services and downloads require additional hardware (e.g. headset and camera) and fees. Features may change without notice. Subject to terms of use: www.xbox.com/live/termsofuse.htm. Broadband Internet service and a Microsoft Passport account required. While most broadband Internet services will work with Xbox Live, some may not; check with your service provider. Xbox Live is not available in all countries, please to go www.xbox.com and select your country for details."
No mention of having to agree to an EULA. It mentions that LIVE has a contract, but (as we all know) it's a clickwrap, not an implied. You need to "I Agree" to it, not just pop the game in having read (or not) the box.
But hell, refute me: you don't even need to supply a box scan. A simple copy of this 'Halo 3 EULA' would suffice. I mean, if it's a binding contract, the text of it must exist somewhere, right?
QUOTE(johnnyrico @ Dec 9 2007, 11:26 PM)

it's like having to sign a nondisclosure contract before being allowed to see classified information: you MUST agree to shut up if you wanna see it, or you can't see it.
No, it's nothing like an NDA (and I've signed one or two in my day), because if you don't sign an NDA, nothing happens (except perhaps a polite invitation to vacate the premises). They certainly don't go 'whoops, well, whatever', and show you their trade secrets anyway. Whereas if you don't sign this magical imaginary Halo 3 license, and just put the game in your drive, then *shock* it lets you play Halo 3.
QUOTE(johnnyrico @ Dec 9 2007, 11:26 PM)

Also, they offer you the chance to read the EULA when signing up for MS services and you have to select "I Agree" to use it.
therefor, MS can pull the Xbox Live logs, use that as a proof somebody agreed to their terms of use for the LICENSE they give you.
As I observed in the thing you're replying to, they do that when you sign up for Live, because they have to do that when you sign up for LIVE. If they could get by with an implied contract you don't have to "I Agree" to, don't you think they would have done so? Also, I urge you to actually read it (www.xbox.com/live/termsofuse.htm), and find the paragraph where it says you can't sue someone that isn't Microsoft over matters that don't pertain to Xbox LIVE. Or indeed any bit where it says anything about matters not pertaining to Xbox LIVE ("The Service").
QUOTE(johnnyrico @ Dec 9 2007, 11:26 PM)

alternatively, they can request the accuser to show a proof of purchase.
since MS offers a limited 90-day warranty on most software in the US and Canada, you've only got 90 days to complain.
remember, this is MS we're talking about, they could even check the date the first halo 3 savegame was made and use that as proof.
So companies get to decide their own statute of limitations now? Cool! I'll just offer a ninety-second warranty, and now no-one can sue me ever!
Warranties are in addition to, not a replacement of, your statutory rights*. As anyone that's done even an introductory course in law would know.
*(google it).
QUOTE(johnnyrico @ Dec 9 2007, 11:26 PM)

too bad nobody RTFM's or the EULA's they get shown.
sorry mate, but MS does have 1 thing that's bulletproof and it's their legal department.
people used the game and the boxes and/or manuals read you have to agree to the EULA's, since they aren't allowed to play if they disagreed, they showed they agreed by playing because you must agree BEFORE playing, once you played there's no turning back.
the agreement has been made before the act, plain simple.
Again, in case you're going to pull a tl;dr and only read my first and last sentences: simply post up Halo 3's EULA, and the whole world will know that you're right.