Re: Legality of OEM Win XP 1-2 CPU

From: Hermes (hermes_at_messenger.net)
Date: 06/04/04


Date: Thu, 03 Jun 2004 22:43:18 -0500

Before the MVP (M$ Victim Poster) Hermes responded, Bruce Chambers typed:

> Greetings --
>
> "Tee" <crappolagozhere@netscape.net> wrote in message
> news:2ia64oFl4lm8U1@uni-berlin.de...
>>
>> Fact is that most software companies don't try to limit people to
> this by
>> making them buy 3 separate cds or licenses if they have 3 computers
> in their
>> home.
>
> Based on this assertion, I can only conclude that you've very,
> very limited experience in purchasing software, and have _never_ read
> the license agreements accompanying those products you have purchased.
> Real life experience in the IT community proves quite the opposite, I
> assure you. There are very, very few successful commercial software
> manufacturers who do _not_ have restrictive licensing.

Ristrictive licensing, yes - One install per copy or CD and not allowed to
copy the CD for archival purposes, no.

>
>
>> That's not to say that I don't respect the EULA or
>> MS's right to try and place this restriction on people but I do
> think its
>> unfair.
>
> So which is it? Does Microsoft have the right to determine how it
> wants to market and license it's own product, or do they not?

They have yet to determine this in a court of law. Have they really
decided? That has yet to be seen. They never enforced it in the early
days, and their attempts now are weak at best.

 You
> cannot have it both ways. And you cannot very well respect the EULA
> if you're publicly advising people to go ahead and violate it, thereby
> breaking, until a court determines otherwise, both copyright law and
> contract law.
>
>> I still don't believe that, in a court of law MS v Jane Doe, that
>> MS would win because Jane Doe installed XP Home on two computers in
> her
>> house.
>
> Let us know when you get the courage to take Microsoft to court,
> especially as you claim to have a copyright attorney on your side,
> because their license and product activation violate your "rights."
> We're all waiting with bated breath.
>
>
> Bruce Chambers

PMSL! It is not OUR responsibility to challegne the M$ EULA in a court of
law, it is their responsibility to challenge someone who is fairly using
M$ software in their own home.

-- 
hermes
DRM sux!  Treacherous Computing kills our virtual civil liberties!
http://www.cl.cam.ac.uk/~rja14/tcpa-faq.html
Windows XP crashed.
I am the Blue Screen of Death.
No one hears your screams.
Yesterday it worked.
Today it is not working.
Windows is like that.


Relevant Pages

  • Re: XP
    ... Before the MVP Hermes responded, Bruce Chambers typed: ... > States Court of Appeals for the Seventh District, ... > Or are you trying to claim that Civil Law is not Law? ... >> comes down to no more than a contract dispute without even any kind ...
    (microsoft.public.windowsxp.general)
  • Re: XP
    ... Before the MVP Hermes responded, Bruce Chambers typed: ... > profession of law or of one of its members ... proof all along is a court ruling. ... civil court, which does not handle LEGALITIES but CIVIL cases. ...
    (microsoft.public.windowsxp.general)
  • Re: OEM Windows XP
    ... Bruce Chambers wrote: ... It is not anyone else's responsibility to take M$ to court for their ... EULA, it is their responsibility to take one to court who is not ...
    (microsoft.public.windowsxp.general)
  • Re: Buying a new copy of XP
    ... eula and try to prove it is a binding contract in a court of law. ... If an end user breaks their license agreement by not following it to the letter, then it becomes a contract dispute and the ball is in Microsoft's court to take the next step in that process. ... It is rediculous to expect an end user to take the next step when it is Microsoft's responsibility to do so. ...
    (microsoft.public.windowsxp.general)
  • Say, Larry, How About This Bizarre Legal Argument? (Effective Assistance of Counsel, Sixth Amendment
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