I seem to recall a court case in which the first sale doctrine cannot be suspended by accepting the terms of an EULA. (Specifically Softman vs Adobe, California)

It's also kind of a good thing that Microsoft has decided to send this 'beta' release to such a wide audience. Those that use Windows SHOULD all be beta testers of the software with the understanding that each successive release should start clean.

I'm sure a lot of the "beta" testers are simply people that are very very hot to try out the new (and supposedly improved) release of Microsoft's new OS.... they often are just savvy enough to format and reinstall windows and nothing else, and don't really know how to 'test' software.

The 'soft machine' concept is really something that users should be introduced to when installing the beta Windows software. A window should pop explaining the concept, and advising that trying to upgrade a beta to a new beta or release candidate could cause massive problems, and the only way to truly experience the improvement of the build is to start from scratch.

Microsoft should continue this trend they started. I believe that with the wide variety of hardware and software out there, it has the capacity to allow Microsoft to build a vastly better product, and understand what it takes to build an OS for the less savvy computer individual.