John said:
Although I of course do not support notions of theft and of piracy, the
amount of protest MS policy draws with regard to its EULA should not be
ignored by Microsoft.
I, and many others agree on this point. As a business, it behooves
Microsoft to become and remain cognizant of its customers desires. Now
that PCs have moved from the realm of the hobbyist and into the
mainstream consumer marketplace, and now that multiple PC households are
becoming more and more common, I'd very much like to see Microsoft offer
some sort of "Family" licensing scheme by which one could install a
single WinXP license on a reasonable number (up to 5, say) of computers
in the same household. When given the opportunity, I, and other MVPs,
repeatedly suggest this course of action to Microsoft. At the end of
the day, though, we're left with the EULA as it exists, not as we'd like it.
Saying that customers "freely" enter into this
"agreement" is legalese: the fact remains that being forced practically
speaking to "buy" (for lack of an other word) an a OEM license each time
one buys a computer is tantamount to abuse of dominant position.
Yes, "freely" describes the purchase decision. No one holds a gun to
the consumer's head and forces him to buy a computer from an OEM. No
one forces the consumer to keep the OEM license if it was included in a
computer purchase. If the computer manufacturer (note: this is the
manufacturer's choice, not Microsoft's) declines to sell a computer
without an OEM OS, the consumer need only take his business elsewhere or
assemble his own computer. (It's hardly rocket surgery.) Further, the
very screen that prompts for agreement to the EULA provides instructions
on how to get a refund.
And
buying a full XP retail version should reasonably enable its "owner"
(sorry, hard to say user ...) to contractually install it on his desktop
AND its laptop. This would be reasonable, this is stricly personal use,
the point of reference I feel.
Again, I'm inclined to agree, but the content of the EULA is a business
decision of Microsoft. Those who do not like the terms of the license
are free to use any of several other operating systems currently
available, many of them free.
And it might be worth reminding people
that MS EULAs are not synonymous of LAW.
No one, to my knowledge, has ever intentionally claimed that the EULA
is "synonymous" with the law. However, a federal appeals court has
determined that software EULAs in general are legally enforceable
contracts under the Uniform Commercial Code. Only a EULA whose terms
are specifically found to be in violation of other statutes is invalid.
--
Bruce Chambers
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