> Is there a "fair use" defense to contract liability. NAL, but in common law jurisdictions and maybe others there can be various implicit terms to any contrac

> Is there a "fair use" defense to contract liability. NAL, but in common law jurisdictions and maybe others there can be various implicit terms to any contract, like fair dealing. Also if you can literally claim fair use, unless you signed a contract waiving that right (if that's even possible), it doesn't matter. Heck, most software licensing in the USA is purporting to grant you rights that you already have from the Copyright Act. That's right, in US law you own the authorized copy you receive. The license claiming that you don't is questionable at best. To be fair the courts somehow have managed to become divided on this, but the plain language of the law itself is crystal clear, explicitly granting the right to make additional copies as necessary for execution. Also that hardly matters when the fake license can still be "enforced" via lawfare. Most everyone is going to choose to pay up rather than fight a protracted legal battle against Microsoft.