License Theft

[Guest]

I was recently fired by my boss who is basically using me
as a capegoat for bldg, health and safety issues he has
finally been caught for. My big problem is 3 days before
he fired me in an effort to make productivity in the office
better I offered to donate my computer (his was a very
early pentium with something like 80MB for ram) and nothing
was loading right. Even though he knew he was going to
fire me he lured me into signing the gift of my computer.
Now that he has fired me I do understand I lost the
computer (have a newer one so thats no big deal) however
all the programs on the computer I never gave license to
him or the company they are all registered in my name
individually. It includes Windows XP and Office 2000.
When I tried to go to the office to say the programs were
mine the new manager (an ex motorcycle cop from LA)
threatened to physically stop me. What are my legal
options, after all the programs are single proprietary
licenses right?

 

[David Candy]

XP support is not legal support.

 

[Ron]

It appears your old boss may have taken advantage and now has a free
computer. I do not think there is anyone in this group who can advise you
legally.

 

[Tritium]

I was recently fired by my boss who is basically using me
as a capegoat for bldg, health and safety issues he has
finally been caught for. My big problem is 3 days before
he fired me in an effort to make productivity in the office
better I offered to donate my computer (his was a very
early pentium with something like 80MB for ram) and nothing
was loading right. Even though he knew he was going to
fire me he lured me into signing the gift of my computer.
Now that he has fired me I do understand I lost the
computer (have a newer one so thats no big deal) however
all the programs on the computer I never gave license to
him or the company they are all registered in my name
individually. It includes Windows XP and Office 2000.
When I tried to go to the office to say the programs were
mine the new manager (an ex motorcycle cop from LA)
threatened to physically stop me. What are my legal
options, after all the programs are single proprietary
licenses right?

Change your approach with the new manager. Do you have
proof of ownership of the software, namely sales receipts,
manuals, etc. Can you substantiate whether or not there
was any coercion into signing the deed of gift? Or was
there some form of sexual harassment involved? One good
thing with ex-policemen is that they are aware of the
law.

 

[Mike Brannigan [MSFT]]

Your PC was given to your old company.
If there was software installed on that PC then unless you supplied the
original media and all appropriate paper work such as Certificate of
Authenticity or paper license then you did not transfer the license to the
company.
If they run the software on that PC without the appropriate license then
they are in breach of the product licensing.
They have not stolen anything from you.

All of this is assuming that all the software (operating system and
applications) were retail products. If they were OEM products then those
license move with he device as they are tied to it. If you have retained
any of the media or associated paperwork then you must supply it to the
company as your use of it would be a breach of license and a use of
unlicensed software.

If you require any further advice I suggest you seek professional legal
representation.

--
Regards,

Mike
--
Mike Brannigan [Microsoft]

This posting is provided "AS IS" with no warranties, and confers no
rights

Please note I cannot respond to e-mailed questions, please use these
newsgroups

 

[Guest]

I wasn't asking for legal support I'm trying to find out
how I go about protecting my rights to ownership, is there
a microsoft department that deals with such things that I
can just send an email or whatever. Sorry for wasting your
time here guy glad you are such a sympathetic soul.

 

[David Candy]

This is the wrong place. MS don't care if the whole world screws your dog, kills your son, and enslaves your daughter (as long as it's not their employees). See a lawyer.

 

[David Candy]

And MS piracy don't care either. Too small.

 

[Kelly]

Are you sure about that?




This is the wrong place. MS don't care if the whole world screws your dog,
kills your son, and enslaves your daughter (as long as it's not their
employees). See a lawyer.

 

[David Candy]

They would view it as potentially bad publicity.

 

[*Vanguard*]

(e-mail address removed) said in

I was recently fired by my boss who is basically using me
as a capegoat for bldg, health and safety issues he has
finally been caught for. My big problem is 3 days before
he fired me in an effort to make productivity in the office
better I offered to donate my computer (his was a very
early pentium with something like 80MB for ram) and nothing
was loading right. Even though he knew he was going to
fire me he lured me into signing the gift of my computer.
Now that he has fired me I do understand I lost the
computer (have a newer one so thats no big deal) however
all the programs on the computer I never gave license to
him or the company they are all registered in my name
individually. It includes Windows XP and Office 2000.
When I tried to go to the office to say the programs were
mine the new manager (an ex motorcycle cop from LA)
threatened to physically stop me. What are my legal
options, after all the programs are single proprietary
licenses right?

So what does YOUR copy of the sale receipt, contract, or gifting form
say about what got transferred? If it is vague and says "the computer"
then everything that was installed on the permanent drives is also
included. If it only lists the hardware then you never lots the
software. In the latter case, report the problem to Microsoft as piracy
(http://www.microsoft.com/piracy/reporting/default.asp) and let them
decide if they want to pursue.

This is a big difference between what you thought was involved in the
transfer of ownership and what got documented and that documentation
really says. Even if you could prove that you own the software
licenses, what will that do? It won't stop them from using whatever got
left on the hard disks. And if you really didn't intend to surrender
the licenses then why did YOU leave it on the hard disks? It's not like
conciliation court can demand that you get the computer returned to you
so you can wipe all the software off of it to your satisfaction and then
sometime return the hardware to them.

You never mention if YOU have the installation media or THEY do. If you
had truly signed over ownership of the computer then all software that
was supposed to go with it must have also been surrendered. If YOU
still have the installation media, and if the transfer (gift) doesn't
mention anything about including the software as a condition of the
transfer, and especially if some or much of the software has nothing to
do with their business or its needs, then the software is still yours.
If you have problems activating any of it, you'll then have to call in
to discuss the problem with Microsoft to see if they will allow you to
activate your copy, but you better have proof of ownership, like a sales
receipt or whatever Microsoft demands as proof.

 

[Logan]

Heh, if you still have the original disks and everything then out of
vengeance I'd call up MS and tell them you think that company is pirating

 

[David Candy]

Gifting isn't a contract. It's a promise and generally not legally enforcable. One way to make a gift into a cobtact type thing is to sign it

Signed, sealed, and (optionally) delivered. If you add delivered then it takes effect the moment of signing else when it is delivered to the other party (or put into an official post box).

Take a small claim on the hope they won't want to go to court.

 

[kurttrail]

I was recently fired by my boss who is basically using me
as a capegoat for bldg, health and safety issues he has
finally been caught for. My big problem is 3 days before
he fired me in an effort to make productivity in the office
better I offered to donate my computer (his was a very
early pentium with something like 80MB for ram) and nothing
was loading right. Even though he knew he was going to
fire me he lured me into signing the gift of my computer.
Now that he has fired me I do understand I lost the
computer (have a newer one so thats no big deal) however
all the programs on the computer I never gave license to
him or the company they are all registered in my name
individually. It includes Windows XP and Office 2000.
When I tried to go to the office to say the programs were
mine the new manager (an ex motorcycle cop from LA)
threatened to physically stop me. What are my legal
options, after all the programs are single proprietary
licenses right?

Small Claims Court.

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei!"

 

[t.cruise]

Phone the toll free number mentioned at the end of every Judge Judy show.
She usually favors people in situations like yours. A boyfriend/girlfriend,
or employer who accepts a gift from someone who believes that the
relationship will continue, and is then dumped or fired shortly after, and
it's obvious that the receiver of the gift accepted it knowing that he/she
was going to terminate the relationship, accepted that gift under false
pretenses.

If you don't want to go that far: If you didn't put anything in writing
declaring that you relinquished ownership of the system, spend the $35 or so
to file in small claims court for the return of your property. Rather than
go to court and look like an ass, your former employer will offer to return
it to you. But, if you don't want the system, let the business have it, and
use it for a tax write off. As for the software, if as someone else
mentioned, it was OEM (bundled on the system) it is considered to be part of
the system. Any software which you purchased separately is your property,
unless you included it with your "gift." At any rate, if you have the CDs
and licenses, and he ever has to reinstall, he's out of luck.

 

[Joh N.]

David Candy, after spending 3 minutes figuring out which end of the pen to use,
wrote:

http://www.smh.com.au/articles/2004/05/14/1084289883713.html

To the OP:

You'll find that most if not all, of the 'mvp's' will be the first to scream
bloody murder if someone tries to excercise their right to use one copy of XPee
on more than one system in their own home. They'll (the mvp's) scream about
'illegal' and 'stealing' and anything else they can to scaremonger. When it
comes down to *REAL* situations concerning XPee, *REAL* legalities, you've
found that none of this NG's 'mvp's' are worth a fresh steaming pile of dogshit
on the sidewalk.
They'll talk so sweet to each other, as you've seen, they'll spend days
kissing each others asses, but when it comes to sympathy for some anonymous
user out there, well, you've seen their *true* sides. It's a fusking shame, and
what adds salt to your wound is that M$ endorses these idiots...gives them the
funny letters after their names, but won't help you at all.
Wish I could help with your problem, but at least I sympathize and do
understand how pretty much ****ed you are by M$ and your ex boss. (it'd be
worth taking the chance getting caught and cutting the valve stems on all 4
tires of his car though, just cut them completely off, so he has to have it
towed just to get new ones put in)

Joh N.

 

[*Vanguard*]

David Candy said in news:[email protected]:

Gifting isn't a contract. It's a promise and generally not legally
enforcable. One way to make a gift into a cobtact type thing is to
sign it

<snip>

Gifting transfers ownership. Leasing does not.

 

[kurttrail]

David Candy said in news:[email protected]:
<snip>

Gifting transfers ownership. Leasing does not.

If the OP didn't transfer the CDs and COAs, then no transfer of the software
has been agreed to under MS's EULAs, and the new owner of the computer is
not entitled to use the software. But MS's EULA is suspect in many areas
when it comes to individuals, so I wouldn't rely on that. I'd rather rely
on Copyright Law.

TITLE 17 CHAPTER 1 Sec. 117b. Lease, Sale, or Other Transfer of Additional
Copy or Adaptation. - Any exact copies prepared in accordance with the
provisions of this section may be leased, sold, or otherwise transferred,
along with the copy from which such copies were prepared, only as part of
the lease, sale, or other transfer of all rights in the program. Adaptations
so prepared may be transferred only with the authorization of the copyright
owner.

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei!"

 

[Brian C]

That show is fake. I know that for a fact.

 

[Brian C]

Write a letter to the editor to the local paper or an out town paper
that is popular with your city. Sometimes the local paper won’t print
negative letters about a company in that town.

To me it sounds like conversion. You got tricked it to giving up
your computer. I would file a police report and tell them you were
tricked into giving them a computer. I not a lawyer. I would
recommend getting one. It not advisable to give computers away.
Also, there is some tv news stations that have a call for help
segment. Try small claims court as well.