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Re: [PLUG] Interesting thread on SEUL-EDU mailing list...
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There is a difference between what you bought, and what they WANTED to
sell you.
If you actually read and agree to and believe their license agreement,
those are very different rights from your default rights. Since several
courts have held that:
a.) You can't contract out of many of your rights.
b.) Contracts of adhesion aren't always legal.
c.) Shrinkwrap contracts often aren't legal.
d.) Contracts against the good of the public aren't legal...
etc.
I very much doubt that what you DID buy and what microsoft WANTED you to
buy were the same, unless you agree that they are. If _I_ ran a company
and BSA came after me (and I wasn't doing something terribly illegal on
purpose), I would be more than willing to let it play out in court - or
just stop using the software of the companies in question.
my rights in buying the software SHOULD be the same as my rights in buying
a book. If they aren't the court will ask why. If I wasn't given a
chance to negotiate, it will be seen as adhesion, etc.
Remember, the judge might use windows too.
-- noah silva
On Wed, 24 Apr 2002, Fred K Ollinger wrote:
> My question is what we are buying when we buy from MS.
>
> 1. sw? Probably not. We can't give it to someone else. If I buy a book
> (also
> copyright) I can give my book to a friend. But I can't give my original MS
> cd to a friend. I think that something should be done to inform consumers
> that they aren't 'buying' a pc. Remember that as MS has told us, windows
> is part of pc 'experience'. But you don't buy windows so you don't buy pc.
> Weird.
>
> 2. license to use sw? Probably not. If you lose cd and you format c: do
> you get a copy sent to you from MS? I never heard of this happening, but
> it _could_ be true.
>
> Also, if you are getting a license then can't you install on another
> machine? No, each machine is tied w/ a license. Can you give machine w/
> original sw on machine? No, b/c you can't transfer liscense.
>
> So what did you buy?
>
> Can you format c: and send stuff back and get money back? No? Why not?
>
> Also, MS doesn't deal w/ people, but oems. So if you pirate MS sw you
> bought from oem, does oem come after you. Why does MS? They didn't sell
> you anything. B/c of this, you can't make an agreement w/ them. So you
> aren't bound by anything. Or are you.
>
> If all the above assumptions are correct, then you get basically nothing
> when you buy MS, but MS gets something (power over stuff that you think
> you bought).
>
> I suggest a class action lawsuit against MS to straighten out what is
> actually going on.
>
> It seems to me that MS wants to have things both ways, not to sell
> anything, but to control that thing that they did not sell.
>
> I'd like to see a resturant coming after me for sharing a dish I bought
> from them, "but I didn't agree to let you give my food to anyone else." :)
>
> Fred Ollinger (follinge@sas.upenn.edu)
> CCN sysadmin
>
>
>
> ______________________________________________________________________
> Philadelphia Linux Users Group - http://www.phillylinux.org
> Announcements-http://lists.phillylinux.org/mail/listinfo/plug-announce
> General Discussion - http://lists.phillylinux.org/mail/listinfo/plug
>
>
______________________________________________________________________
Philadelphia Linux Users Group - http://www.phillylinux.org
Announcements-http://lists.phillylinux.org/mail/listinfo/plug-announce
General Discussion - http://lists.phillylinux.org/mail/listinfo/plug
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