Re: oem vs retail full version
From: Ian Merrithew (optimus2861_at_no.spam.com)
Date: 03/22/04
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Date: Mon, 22 Mar 2004 21:07:29 GMT
On Mon, 22 Mar 2004 05:21:52 +0000, wojo wrote:
> The part of the EULA that pertains to the topic:
[snip]
> 1. GRANT OF LICENSE. Manufacturer grants you the following rights,
> provided you comply with all of the terms and conditions of this EULA: *
> Installation and Use. Except as otherwise expressly provided in this
> EULA, you may install, use, access, display and run only one (1) copy of
> the SOFTWARE on the COMPUTER.
This part of the license is a lie. The right to install & use a copy of
software on a computer resides with the *owner of the copy* under US
copyright law. Microsoft cannot grant you this right because *you already
have it*. Thus, if you refuse to be bound by the terms of the EULA,
Microsoft has no legal standing to deny you the use of the software. And
if you're *forced* to agree to the license in order to install the
software (which you effectively are), that can be argued as coercion (MS
doesn't give you any way to exercise your statutory right without agreeing
to its "license"), which makes any consent to the license non-binding.
-- Ian Merrithew - ADM Systems Engineering ian.merrithew "at" ieee.org
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