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"The primary function of the independent juror is not, as many think, to dispense punishment to fellow citizens accused of breaking various laws, but rather to protect fellow citizens from tyrannical abuses of power by government. The Constitution guarantees you the right to trial by jury. This means that government must bring its case before a jury of The People if government wants to deprive any person of life, liberty, or property. Jurors can say no to government tyranny by refusing to convict."
In this situation I wouldn't really know which way to take it, but I would say that there is enough against the makers to invalidate the EULA. I would say the AV 2009 authors would be more likely to face fraud charges than Microsoft would for removing it.