From: John Poltorak (jp_at_eyup.org)
Date: Fri May 03 2002 - 18:39:26 EDT
On Fri, May 03, 2002 at 06:27:48PM -0400, richard wrote:
> it may be compete nonsense. but it's the law.
No it isn't.
When I buy a computer, I do not have any direct dealings with Microsoft. I
enter into a contract with the retailer. I pay the retailer money, I get a
computer in return. Microsoft has no claims on me or what I can do with
the goods I bought apart from breaking copyright law which applies to
everyone not just Microsoft. I have no legal relationship with Microsoft.
I made no agreement with them.
On what possible basis can they initiate an action on someone with whom
they have had no exchange?
Please give me a single instance of Microsoft suing a purchaser of a
computer for failing to comply with the EULA.
It is simply bluff and does not carry any weight at all.
>
> At 11:21 PM 5/3/2002 +0100, John Poltorak wrote:
> >On Fri, May 03, 2002 at 05:51:03PM -0400, Richard Chalk wrote:
> > > This is not all-that complicated. One does not buy the software, but the
> > > right to use it. That right is conveyed by the license certificate that
> > > comes with the software, or, in the case of a factory-installed
> > machine, the
> > > certificate comes with the machine.
> >
> >No, this is complete nonesense.
> >
> >How can a person who buys his first computer, gets it home and starts it
> >be told after the event that he doesn't own the software? It doesn't make
> >any sense. You never sign anything to say you agree to abide by the terms
> >of the EULA. It is a complete sham and I doubt whether it has any legal
> >status at all, at least not in the EU. Software is often consider to be
> >like a book, from a legal point of view. The book is yours and you can
> >read it and then sell it. You don't need to ask the authors permission to
> >do so.
> >
> > > The fact that there is software installed on a machine you buy second-hand
> > > does not mean that you have the license to use it. You are responsible for
> > > obtaining the license from the seller, or, alternatively, buying a new
> > > license, since if you did not receive it with the computer, the license
> > will
> > > still belong to the original purchaser.
> > >
> > > Now, let's all swear on whatever is holy that we adhere rigidly to the
> > > above.
> >
> >This is simply Microsoft speak. As far I'm concerned, if I get Windows on
> >a system, I am free to do anything I want with it including give it away,
> >although not making copies of it for sale. I was forced into paying for it
> >anyway, since I didn't want it. But no one seems to care about this.
> >
> >Bill Gates is welcome to come banging on my door if he wants and tell me I
> >have broken his EULA, but I haven't since it is void, IMV.
> >
> > > Richard
> >
> >
> >--
> >John
>
-- John
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