Re: Selling reflection gratings on E-bay

Tech-Archive recommends: Repair Windows Errors & Optimize Windows Performance



Arachnid is correct, a CD makes a nice reflection grating, and I have
used them to teach my students about diffraction. Thus, the Windows CD
would have "substantial non-infringing use" though that is probably
misapplied here. It is a stand-along disk, found in a pile by a
dumpster. I thought the DMCA regarded circumvention of technological
measures, though there seems to be no end to intellectual property
abuse these days. CD's could also be, arguably, used as coasters or
mirrors. Perhaps people interested in selling copies of windows on
Ebay should list their items in those categories.

On a side note, what if instead of selling the disk, I use the software
for my personal use. Have I violated laws? What if the COA was also
tossed with the disk? Could a person legally use it if they picked both
out of the dumpster? (This is probably why MS started insisting on
COA's being attached to hardware). I am not sure if these cases are
actually forbidden by law, which makes them interesting.

Ultimately, I would encourage readers to choose to do business with
companies that are more user-friendly with their licensing. Operating
Systems really are commodities these days. What happened to the
aircraft, automobile, and home appliance market is now happening to the
software market.

P.S. Gates should probably spend some of his science education money
on improving the technical literacy MS and their partners before trying
to dictate to everyone else. Of course, I doubt Gates could even write
a "hello world" program these days, as his forte has been business, not
technology, for far too long.

arachnid wrote:
On Tue, 15 Aug 2006 18:50:46 -0500, Carey Frisch [MVP] wrote:

That "nifty reflection" is worthless as it is now against Federal Law
to sell a standalone COA (Certificate of Authenticity) without the original
holographic Windows XP CD and the accompanying licesning

The penalty is for distribution of counterfeit COA's. I don't see any
prohibition against separating the CD from a genuine COA and selling the
CD. However that's probably covered under the DMCA which gives authority
to the EULA which in turn prohibits transferring ownership of the CD
without the accompanying COA.



If anyone cares, here's §2318:

<http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002318----000-.html>

.



Relevant Pages

  • Re: Selling reflection gratings on E-bay
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    (microsoft.public.windowsxp.general)
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    ... We were penalised for selling COA's as a stand-alone product and also ... for selling the Windows 98 packs that we received as part of our trade-in ... They were the full packs, complete with CD, manual and COA. ... Must clean out my Agent Trash folder! ...
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    (uk.adverts.computer)
  • Re: Activation Issue - WindowsXP Pro OEM
    ... "Microsoft Windows XP" appears written repeatedly on the bottom half ... Below is a hologram block with the word ... The COA isn't holographic. ...
    (microsoft.public.windowsxp.help_and_support)
  • Re: Activation Issue - WindowsXP Pro OEM
    ... "Microsoft Windows XP" appears written repeatedly on the bottom half ... Below is a hologram block with the word ... The COA isn't holographic. ...
    (microsoft.public.windowsxp.help_and_support)