Inline:
Leythos wrote:
| In article <
[email protected]>,
| newbie@not_address.net says...
|| Leythos wrote:
||| In article <
[email protected]>,
||| (e-mail address removed) says...
|||| On Mon, 20 Mar 2006 22:06:11 +0000, Leythos wrote:
||||
||||| In article <
[email protected]>,
||||| newbie@not_address.net says...
|||||| "Fair use" would cover such a thing here. As a matter of fact, it
|||||| probably would be thrown out before it made it to court.
|||||
||||| Fair Use is for a BACKUP of your media, not a backup copy for your
||||| buddy.
||||
|||| But the point is, when you purchase a copy of XP you pay for the
|||| LICENCE, not the CD. As long as the third party has a valid licence,
|||| the media that the OS is on, doesn't mean a thing.
|||
||| The CD's that I've seen warn against duplication....
||
|| Yes, they (the CDs) say do not make illegal copies. But, knock on your
|| noggin, is what this guy wanting to do illegal? No.
|
| We don't actually know. While I find is legal/illegal and what I would
| do are not always the same, but, since he already knows that he can
| physically copy the CD, it's not really a question about actions, but
| ethics.
I just going by the original post, not making up stuff.
|| They are just doing what
|| they need to do in case there's something gone wrong. They are not
|| running a production of Windows XP CDs to pirate. They've bought and
|| paid for their copies and that's enough. They are making a
|| backup/archival/emergency copy for one of them.
|
| Wrong, the backup would be from the media the friend had, not from
| another users copy. At least that's the way that Fair Use reads to me.
| Sure, there's not any physical difference in some cases, but that
| doesn't mean it's legal either.
|
They run the same OS. The copy would be identical to some 'master' copy at
Microsoft. So that they use one CD-ROM instead of another is irrelevant. The
'buddy' is entitled to his backup copy.
|| No reasonable court would bother. It's simply not an issue.
|| No one could care.
|
| You don't know that to be fact, as it's not been tested at this time.
It's not worth testing.
| So, it comes down to this:
|
| 1) You physically CAN make a copy of the XP CD.
| 2) A copy made for backup is permitted under Fair Use rules, of your own
| media.
| 3) Fair Use, under #2, does not permit making a backup copy of another
| persons media for backup.
Really? The EULA does not specify which media one can or cannot use. It just
says that a copy can be made. Since they run the same version it doesn't
matter which CD-ROM they use as the backup will be identical (simply another
*copy*).
| 4) Since the OP was already aware of #1, it's about ethics and nothing
| more.
It's about nothing. It's utterly unimportant.
| 5) Since none of us really know how it would be ruled/decided in court,
| we can only present the facts and present something that MAY get the
| OP/friend into trouble at some point.
No one is trying to steal anybody's anything nor prempt profit. The buddy is
entitled to a backup copy of Windows XP. A reasonable court in its right
mind would not test such a case.
I'm off to the movies now Leythos (16 Blocks) .. have a nice one.