Re: Pirated XP, means-test everyone and every product with "income

From: Siles (siles.bazerman_at_nevershow.gte.net)
Date: 01/25/05 

Date: Tue, 25 Jan 2005 20:12:55 GMT

">
> First point - you don't have any 'right' to do anything with it if the
> licenses does not permit it. When you bought it and opened the package
> you agreed to that. You don't have to use Windows, Fedorc Core 3 is
> quite simple to install and offers everything the default Windows XP
> install does, and it's free.
>
> Additionally, you didn't buy the OS, you bought a license to Use the OS
> in a manner as described in the EULA - you have to right to claim you
> OWN the OS no matter how you got it.
>
Consider this:

In the only case involving the EULA enforcement brought to Federal Court
(Adobe vs Softman) Adobe lost big time. The Federal District Judge ruled
that "Software is sold not licensed". In particular he referenced the
doctrine of first sale which has been a mater of federal law since somewhere
about 1790. Before you argue with me about this read the entire 16 pages of
the decision.

Unless software is sold directly to the end user the
manufacturer/producer/whatever has lost control over licensing. This still
leaves software subject to copyright protections.

Relevant Pages

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