Re: Office XP Question
From: Bruce Chambers (bruce_a_chambers_at_h0tmail.com)
Date: 08/01/04
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Date: Sat, 31 Jul 2004 19:33:10 -0600
Greetings --
"Alias" <maskedandanonymous@aka.com> wrote in message
news:2n2pjnFrv17lU1@uni-berlin.de...
> Only one copy of XP Office per computer. You need to buy another
one.
>
Not necessarily correct. Have you ever bothered to read _any_
EULA?
> Office 2000, OTOH ... you actually get to practice "fair use". With
XP, your
> "fair use" is gone. It's all part of MS' fight against MS having low
prices,
> er, I mean, "piracy".
>
The question has absolutely nothing to do with "fair use, " which
is a very specific term, under U.S. copyright law:
"Fair use is a copyright principle based on the belief that the
public is entitled to freely use *portions* of copyrighted materials
for purposes of *commentary and criticism*. For example, if you wish
to criticize a novelist, you should have the freedom to quote a
portion of the novelist's work without asking permission. Absent this
freedom, copyright owners could stifle any negative comments about
their work."
(http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/
index.html) (Emphasis mine.)
"Judges use four factors in resolving fair use disputes, which are
discussed in detail below. It's important to understand that these
factors are only guidelines and the courts are free to adapt them to
particular situations on a case-by-case basis. In other words, a judge
has a great deal of freedom when making a fair use determination and
the outcome in any given case can be hard to predict.
"The four factors judges consider are:
1.. the purpose and character of your use
2.. the nature of the copyrighted work
3.. the amount and substantiality of the portion taken, and
4.. the effect of the use upon the potential market. "
(http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/
9-b.html)
Feel free to peruse the entire article, which will make it
abundantly clear that there is no way that anyone could successfully
argue that installing a second copy of an operation system or
application suite onto a second computer, without the copyright
holder's express permission, for the sole purpose of not having to buy
a second license, could possibly meet the criteria of "Fair Use."
You might also try actually reading the law, though it won't
support your position, either:
TITLE 17 , CHAPTER 1 , Sec. 107.
http://www4.law.cornell.edu/uscode/17/107.html
Bruce Chambers
-- Help us help you: http://dts-l.org/goodpost.htm http://www.catb.org/~esr/faqs/smart-questions.html You can have peace. Or you can have freedom. Don't ever count on having both at once. - RAH
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