Noah silva on Wed, 24 Apr 2002 15:32:36 -0400


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Re: [PLUG] Interesting thread on SEUL-EDU mailing list...



On Wed, 24 Apr 2002, Kyle R . Burton wrote:

> > What about them?  If a computer is donated with the OS pre-installed, then
> > the reciever has every reason to assume that the Title to that copy of the
> > software is passed.  If the place doing the donating included the copy of
> > windows illegally, then they are the ones likely to get in trouble.
> 
> I thought that there were clauses in the license agreements for alot of
> MS software that declared that the licenses were not transferable.  I thought
> that was an issue that came up a while ago on /.

That doesn't make them any more legal ;)  Didn't DELL (or
whoever) transfer the license to me?  What if I don't ever use the windoes
on my machine.  They can say on their license agreement all they like, but
the more they say silly things, the more the agreement becomes
unenforcible, if it ever was to begin with.  Adobe tried to sue some guy
not long ago for buying bundle packs, seperating them, and reselling them,
among their charges:
a.) He can't seperate a bundle (why?)
b.) Trademark infringement, etc.

At any rate, adobe lost.

If MS tried to seriously push in court that licenses were not
transferrable, I think they would get hit hard - because it would mean
that if I want to sell my computer, the buyer would have to purchase a new
copy of windows?

As much power as MS has in some ways, I think people would have a hard
time to stop laughing at an assertion like that.

 -- noah silva 



> > Though I do recall MS bitching about people installing Windows 3.1 on old
> > computers to be donated.  Even though MS refused to sell them Win 3.1, and
> > each of those computers probably came with a copy of it pre-installed.
> 
> 
> Kyle
> 
> -- 
> 
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