Activation re: XP Home

[CS]

The difference is MS is afraid to tackle Wal-mart not some little guy.
Wal-mart has as much money as they do and as many lawyers. Maybe if
we're lucky they'll both sue each other out of business. (although I
do like Sam's Club)

 

[=?ISO-8859-1?Q?=BBQ=AB?=]

(e-mail address removed) (Brian Coats) wrote in <@news.microsoft.com>:

In another post Greg sale got cancelled by Microsoft & Ebay.

Just by eBay, perhaps on advice from Microsoft.

However, Wal-mart has an full xp oem with Just a Mouse for sale.
Talk about a double standard.

There's no reason to expect a single standard. Wal*Mart and eBay are
two distinct companies, and each has the right to set its own policy.
eBay could decide not to let people sell socks through its service if
they wanted to, and Wal*Mart would likely continue selling socks.

If you believe Microsoft has used illegal business practices to
pressure eBay into adopting a Microsoft-friendly policy, contact your
DA.

 

[Bruce Chambers]

Greetings --

Nonsense. The difference is Wal-Mart is complying with the OEM
licensing terms, and the eBay seller wasn't.

Bruce Chambers
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[kurttrail]

I'm interested in the EULA and whether all of its provisions are
actually enforceable under US law. Unfortunately, the only one here
claiming it's not keeps demonstrating that he's not quite right in the
head, and his website is littered with pointless invective. Does
anyone know of a more reasonable website which lays out a case against
the Microsoft EULA? I don't want to start a flame war (or participate
in an ongoing one), I'm just looking for info.

No flaming. I do use invective here, but what invectective is my web site
littered with, expecially my Multiple activations page?

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Kurt
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[kurttrail]

And not so very long ago no private individual had ever been charged
with piracy via P2P. But my position has more to do with personal
ethics than fear of prosecution. If I can't afford something, I'd
rather use an alternative than lower myself to lies, deception,
law-breaking, or violating software agreements.

That ain't the same because that is copyright infringement, distribution of
copyrighted material to other people other than yourself, not with yourself.

Nobody. I was just heading off any ideas the OP may get.

Then you should have reponded to the OP, and no to me.

You should talk.

Why? I'm not the one spreading FUD as a way to advocate something. What is
Linux advocates taking lessons from MS and Darl?

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Kurt
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"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei!"

 

[kurttrail]

Greetings --

If his "hardware" didn't include the entire PC on which that OEM
Win98 license was first installed, then he wasn't selling a legitimate
product and eBay was correct to pull the sale. (Although they should
be more diligent about removing all of the other illicit software
that's sold via their service.)

What BS! Bruce is totally delusional! OEM is sold all over the Net with as
little as a computer case screw.

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Kurt
Self-anointed Moderator
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"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei!"

 

[Alex Nichol]

With this Windows Activation nonsense, can an XP installation license be
transfered to a new machine or do I have to buy another copy of XP in order
to run XP on my new machine?

Provided this was a retail copy - not OEM sold with hardware that is
licensed solely to the first machine it is installed on, you just remove
from machine A (eg format disk) and install on B. When it comes to
activation, if it is more than 120 days since you last did it, you will
find it will go through on the net just like first time. If not, you
will have to phone a toll-free number that will be given, to explain and
swap one long number for another to check back as you type it in. About
10 mins - minor hassle as long as you expect it

Read up background at www.aumha.org/win5/a/wpa.htm

 

[kurttrail]

Greetings --

Nonsense. The difference is Wal-Mart is complying with the OEM
licensing terms, and the eBay seller wasn't.

ROFL! Totally delusional.

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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!"

 

[kurttrail]

(e-mail address removed) (Brian Coats) wrote in <@news.microsoft.com>:


Just by eBay, perhaps on advice from Microsoft.

More like MS's request.

http://news.google.com/news?hl=en&edition=us&q=microsoft+ebay

There's no reason to expect a single standard. Wal*Mart and eBay are
two distinct companies, and each has the right to set its own policy.
eBay could decide not to let people sell socks through its service if
they wanted to, and Wal*Mart would likely continue selling socks.

If you believe Microsoft has used illegal business practices to
pressure eBay into adopting a Microsoft-friendly policy, contact your
DA.

LOL! Considering the budget issues of local procecuter's, what one can
afford to up against MS?

Since this involves interstate commerce, the DOJ would be the better place
to go, if the present DOJ wasn't already in bed with MS.

--
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!"

 

[Alex Nichol]

'm interested in the EULA and whether all of its provisions are
actually enforceable under US law.

I am not well up in US Contract Law, but I don't think it is that
different from English law in most states. Under that Microsoft are
entitled to provide the software under a license to use (ie not a
'sale'), under such terms as they see fit. The buyer either accepts
these or does not use the product. According to a lawyer friend here,
some posts arguing statutory rights omitted the caveat that appears in
such statutes, that such rights apply '.... unless otherwise provided or
agreed'.

The only get out might be that the wording on the box says that the
supply is according to the EULA that is *inside* the box, so it cannot
be read until the box is opened. But I think all that would provide is
a right to return for refund even if the box *has* been opened.

There are various points on which the EULA is sloppily worded, and does
not correspond to interpretations put on it by (non-lawyer) Microsoft
staff here. But the basic 'to be installed on a single computer' is
clear. And that is on the outside of a retail box anyway - in fairly
small print, but it is there

 

[Greg]

Just for info.
I was going by advice obtain here in this group and by what others
listed on their ads on ebay.(I was not going by Kurt's advice). I
think Mike B. even said all that is required is Windows 98 Product key
and a internal hardware-that was an older post.

Here's another problem Ms has.
I remember the news saying Microsoft is going to all resale of the
Windows 98se Oem's Install without hardware. Temporally. This was
because of the shorten time between Windows 98se and Windows me
release and to allow people who have the windows 98se oems to resale
them. Also a lot of people had problems with windows me. Also, Note
the Packard bell incident, MS allowed it to be resold without a
computer because they went out of business.

By the way-Wal-mart.com xp oem does not include a computer.
It does not say "Not for resale"

Greg

 

[kurttrail]

I am not well up in US Contract Law, but I don't think it is that
different from English law in most states. Under that Microsoft are
entitled to provide the software under a license to use (ie not a
'sale'), under such terms as they see fit. The buyer either accepts
these or does not use the product. According to a lawyer friend here,
some posts arguing statutory rights omitted the caveat that appears in
such statutes, that such rights apply '.... unless otherwise provided
or agreed'.

Too bad I don't use laws that use such language.

The only get out might be that the wording on the box says that the
supply is according to the EULA that is *inside* the box, so it cannot
be read until the box is opened. But I think all that would provide
is a right to return for refund even if the box *has* been opened.

And it should be for a FULL refund, not minus the shipping and handling
costs if you can even find out where to send it to, since MS doesn't provide
that info in the box, and most retailers won't accept open boxes of software
for refund.

There are various points on which the EULA is sloppily worded, and
does not correspond to interpretations put on it by (non-lawyer)
Microsoft staff here. But the basic 'to be installed on a single
computer' is clear. And that is on the outside of a retail box
anyway - in fairly small print, but it is there

Yes, but it is not clear whether MS has the right to impose those terms on a
retail product sold to anonymous private indivduals, after the fact of the
copy of software being sold.

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

 

[=?ISO-8859-1?Q?=BBQ=AB?=]

No flaming.
Cool.

I do use invective here,

IMHO it undermines the force of your arguments.

but what invectective is my web site littered with,

I'm not up to compiling a list, though I'd start with your domain name.
Some may see the stuff about anal inserts and the like as satire, but
not I. Just MHO, and that stuff doesn't qualify as invective.

expecially my Multiple activations page?

I was not speaking specifically about that one part of your site. But
IMO you have some harsh language there for any who disagree with you.
E.g., "Only a total buffoon would even try to argue otherwise!"

 

[=?ISO-8859-1?Q?=BBQ=AB?=]

More like MS's request.

http://news.google.com/news?hl=en&edition=us&q=microsoft+ebay

In the first 20 hits, nothing about Microsoft requesting auction
cancellations. Most of the news seems to be about some collaboration
to develop software for auction tracking.

I don't doubt Microsoft requested eBay not to allow sales of OEM
software, but if you're really interested in proving it, you'll need to
provide a direct link to a news story.

 

[=?ISO-8859-1?Q?=BBQ=AB?=]

I am not well up in US Contract Law, but I don't think it is that
different from English law in most states.

[snip discussion of EULA validity]

Thanks.

 

[kurttrail]

IMHO it undermines the force of your arguments.


I'm not up to compiling a list, though I'd start with your domain name.
Some may see the stuff about anal inserts and the like as satire, but
not I. Just MHO, and that stuff doesn't qualify as invective.


I was not speaking specifically about that one part of your site. But
IMO you have some harsh language there for any who disagree with you.
E.g., "Only a total buffoon would even try to argue otherwise!"

Sorry, but that's one of my pet peeves, political correctness. People
that get put off by mere words are the one's with the problem.

I go by the old adage, that sticks & stones may break my bones but words
will never hurt me, and to me, anyone that has a problem with words
should stop reading then.

--
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!"

 

[kurttrail]

In the first 20 hits, nothing about Microsoft requesting auction
cancellations. Most of the news seems to be about some collaboration
to develop software for auction tracking.

I don't doubt Microsoft requested eBay not to allow sales of OEM
software, but if you're really interested in proving it, you'll need
to provide a direct link to a news story.

But it does show the "special relationship" between them.

--
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!"

 

[=?ISO-8859-1?Q?=BBQ=AB?=]

People that get put off by mere words are the one's with the
problem.

Ones, not one's.

stop reading then.

k.

 

[kurttrail]

Ones, not one's.

And spell-lamers, are just anal.

k.

y.

--
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!"

 

[Bruce Chambers]

Greetings --

The _only_ "advice" that would have been applicable to your
"rights," or the lack of, to transfer/sell that OEM license are
clearly spelled out within the EULA on the installation CD. (And the
rules are quite different for OEM Win98 and OEM WinXP, so the
"Wal-Mart situation" shouldn't even enter into the discussion.)

Bruce Chambers
--
Help us help you:



You can have peace. Or you can have freedom. Don't ever count on
having both at once. -- RAH