Alias said:
Why? Your following sentence indicates that you agree with what I said.
I believe that using what one paid for and using it
for what it was designed for is honest.
As do I. I'm not arguing that, at all. The product that has been
"bought and paid for" is a *license* to use the software in accordance
with the terms specified by the owner of the copyright to the product
(In this particular case, the "design" means only on the first computer
on which the OEM license was installed). I'm glad to see you've finally
seen the obvious.
But not saying what those terms are is *dishonest*. You have to open it to
read it and you are not entitled to a refund if you open it.
That's a patently absurd assertion. The full terms of the license
don't need to be on the outside of the box. Haven't you ever purchased
an automobile? Were the full terms and conditions of the warranty
printed on the hood? Were you even offered a printed paper copy to read
before making the purchase? Haven't you ever been prescribed medicine?
Were all of the possible side-affects and interactions with other
drugs printed on the container? Or was there perhaps a paper insert
inside the container that you discarded without reading? Did your
doctor or pharmacist ensure that you'd read the information before
handing you the drug?
Um, it is not a requirement to search the net for an EULA to buy software.
Any responsible consumer will do the necessary amount of product
research -- no matter what the product, no matter what the type or
medium of research -- to ensure that the product he/she is considering
meets all of his/her needs, and that it can be used in the manner the
purchaser intends.
I have yet to have a store clerk ask me if I read and agreed to
the EULA before he or she would sell it to me.
Is the store clerk your mommy or daddy? If not, maybe you'd better
take along adult supervision the next time you go shopping. If you've
been emancipated from your parents' care, then *YOU*, and only you, are
fully responsible for the consequences of your purchasing decisions.
You really haven't had much exposure to real life, have you? If you
had, you wouldn't insist on having your hand held.
Insisting that people seach the unsearchable MS data base is
unreasonable and supercilious on your part.
Ah, the old straw man fallacy. If the alleged "unsearchable MS data
base" truly were unsearchable, you might have a point. However, the
Microsoft Knowledge base is unsearchable only if one has no access to an
Internet connection. Try going to the obvious starting point,
http://www.microsoft.com, and typing "eula" in the search window.
You'll immediately get at least 100 hits, with the top 5 links directly
pertaining to the question. However, in discussing an OEM license, the
point isn't even relevant. Admittedly, finding the terms of an OEM
license is more difficult. Take the matter up with each individual OEM,
who are all beyond Microsoft's direct control. Thus, it falls back upon
the consumer to take responsibility for his/her own actions and ask the
right questions at the point of sale.
You state it as though it is tecnically impossible and that, my friend, is a
lie and *dishonest*.
I said no such thing. But continue with your self-delusion, if you like.
Um, there you go again with the "thief" nonsense.
What? Was the example too complicated for you?
No, you paid for a *license* to use the software under very specific
conditions. You know this. Name one piece of commercial software
manufacturer/vendor that doesn't sell *only* a license to use the
software product. For that matter, name a Linux distro or other "open
source" software product that isn't accompanied by a license.
I
can do what I want with it. The fact that I may be breaching the EULA is not
theft.
Nor did I say it was theft. You really must work on your reading
comprehension. Breaching the EULA is a contract violation, not normally
theft. (Although, come to think of it, it may be that someone's
intentionally buying a software license with the premeditated intent of
violating its license terms might be considered "theft by fraud" in some
jurisdictions. Interesting thought....)
Installing it on another computer is fair use,
Not under the copyright laws of the United States, but I'll concede the
possibility in other countries. "Fair use" is a very narrowly defined
term in American copyright law, and that definition certainly can't be
stretched to cover your claims.
--
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