Licence

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Asher_N said:
And by acepting it and installing the software, you are bound by it.

You may agree to be bound in servitude to MS, but I haven't, and I never
will. If MS doesn't like it, then they can sue me! And they don't have
the balls.

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Kurt
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Bruce said:
You'll need to purchase a separate WinXP license for each computer
on which you install it.

Just as it has *always* been with *all* Microsoft operating
systems, it's necessary (to be in compliance with both the EULA and
U.S. copyright law http://www4.law.cornell.edu/uscode/17/117.html),
if not technically) to purchase one WinXP license for each computer
on which it is installed. (Consult an attorney versed in copyright
law to determine final applicability in your locale.) <snip>

IOW, don't believe Bruce, seek a real legal opinion. One that doesn't
confuse a Limitation on the rights of the COPYRIGHT OWNER as a
Limitation on the OWNER OF A COPY.

And if you follow the link Bruce gave, you'd see the Copyright law is a
LIMITATION ON THE EXCLUSIVE RIGHTS OF COPYRIGHT OWNERS!

Bruce is too narrow-minded to see reality.

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Kurt
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"Trustworthy Computing" is only another example of an Oxymoron!
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Mixxdj said:
I own a copy of Windows XP Home SP1 it is installed on my desktop and I want
to install it on my sons computer. Do I have to buy another copy or can I
just buy another Licence.
I dont think I should have to spend another $150.00 for another copy.

FYI: XP Home OEM (SP2) can be had at TigerDirect.com for $90.

Microsoft® Windows® XP Home Edition OEM Version with SP2
$89.99
 
Mixxdj said:
First I live in Canada and the best price I can find is $125.00, I can't
understand why Microsoft Charges so much if they lowered the price to 75 or
85 dollars most people would buy windows.

Most people DO buy Windows.
There would be allot less illegal
copies of XP around and they would end up making more money in the long run.
Here I went out and bought XP and now I want to install it on a second
computer in my house and it's going to cost me another $150. And Microsoft
wonders why there are so many Pirate copies of windows.

Not so many since Activation was introduced.
 
kurttrail said:
No, it is a post-sale shrink-wrap license.

I recall reading a judgement in a Scotish law case that said the sale isn't
completed until the licence was agreed. In other words if you don't like the
license when you get to read it you can take the product back and get a
refund.

The judge also pointed out that the act of installing S/W on a computer
infringes normal copyright laws (because a copy is being made) - so in
theory some form of license has to be supplied with EVERY piece of
software. I can't immediatly see why the same thinking shouldn't be applied
to music CDs - even a dumb CD Walkman buffers fragments of the music in
memory for anti-shock reasons.
 
Doesn't matter what MS thinks. There is no contract between the user and MS. There is one between MS and the seller and between the seller and the user.
 
I recall reading a judgement in a Scotish law case that said the sale
isn't completed until the licence was agreed. In other words if you
don't like the license when you get to read it you can take the
product back and get a refund.

The judge also pointed out that the act of installing S/W on a
computer infringes normal copyright laws (because a copy is being
made) - so in theory some form of license has to be supplied with
EVERY piece of software. I can't immediatly see why the same thinking
shouldn't be applied to music CDs - even a dumb CD Walkman buffers
fragments of the music in memory for anti-shock reasons.

Because the Walkman does not make a permanent, or even a complete copy.
 
David Candy said:
Doesn't matter what MS thinks. There is no contract between the user
and MS. There is one between MS and the seller and between the seller
and the user.

The agreement is between you and the copyright holder (MS). Technically,
the seller only sells you the media. The rest of the cost is a licence fee.
The EULA spells out what you can do with the licence. You own the media but
not the contents.
 
Asher_N said:
The agreement is between you and the copyright holder (MS). Technically,
the seller only sells you the media. The rest of the cost is a licence
fee.
The EULA spells out what you can do with the licence. You own the media
but
not the contents.

Bullcrap. I don't see any musical groups or singers suing anyone for breach
of copyright. I see the music *companies* suing.

As the EULA is not available until it's too late to get your money back, the
EULA is a scam and deserves no respect.

Go to any computer store's web site and XP is listed as "software", not a
licence so the scam even begins before you buy the CD.

Alias
 
old" devildog said:
Going to do something I don't normally do, add an attachment. But I
am doing so to show something.

I scanned this right off of the back of the box. "post-sale
shrink-wrap license" I think not. This is in plain sight on the back
of the XP box. You are even told to check out the EULA before using.
Unless yours came with a plain brown wrapper, it was easy to read.

I am so tired of looking at the endless posts about who is right in
this matter. Microsoft puts the warning in plain sight on the box. If
you didn't see it, then get glasses, if you didn't read it then learn
to read or have someone read it to you. If you decided to ignore it,
then the words "dumb as a rock" comes to mind.

Read the news, MS is cracking down on the unlicensed software out
there. Look at what the recording industry is doing to the
downloading of music. MS is right behind them. When you try an get an
update from MS Updates and you fail the "test" do you think your ISP
can't be noted, traced by court order, and a knock on your door by a
processor server can't happen. Ask the people who kept swapping tunes
on the internet. The court doesn't care who you are, all they care
about is that you are now in court, going up against the biggest
company in the world. The very company who wrote the software running
on the judges desk right there in the court room. Bet you MS is soon
for this path, and I bet it will come before the roll out of Vista.
Are you willing to take the chance. By the way I have never failed
the "test" to update or download any software from MS. The box tells
it all. I purchased a full retail copy (not an OEM) of XP.

Sorry, but I don't open attachments from idiots I don't know.

I have certain rights as a human being. Privacy in my home, "fair use"
of the copyrighted material I buy. And MS thinks it can shrink-wrap
license away my rights, then they can sue me. But I won't be holding my
breath, since MS doesn't have the balls to do it.

--
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Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com/mscommunity
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"
 
Asher_N said:
The agreement is between you and the copyright holder (MS).
Technically, the seller only sells you the media. The rest of the
cost is a licence fee. The EULA spells out what you can do with the
licence. You own the media but not the contents.

LOL! You have every right to believe the earth is flat. That does not
mean that the earth really is flat.

I purchased the copy of software from the previous owner, the retailer.
Transfer of ownership occurred at the time of sale.

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com/mscommunity
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"
 
David Candy said:
They are goods. A book store doesn't sell a license to a book.

I a sense they do. You are limited to what you can do with the work. You
own the physical book. You do not own the content. You are not free to copy
the entire content and give that away.
 
CWatters said:
Most people DO buy Windows.


Not so many since Activation was introduced.

LOL! Activation stopped nothing.

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Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com/mscommunity
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"
 
Bullcrap. I don't see any musical groups or singers suing anyone for
breach of copyright. I see the music *companies* suing.

As the EULA is not available until it's too late to get your money
back, the EULA is a scam and deserves no respect.

Go to any computer store's web site and XP is listed as "software",
not a licence so the scam even begins before you buy the CD.

Alias

And software is an entity protected under copyright law. Only the holder
of the copyright owns the work. While you pay for the rights to use, you
never actually own it.

You have a choice of not accepting the EULA and returning the product.
The box also spells out that Windows is intended to install on a single
computer.
 
LOL! You have every right to believe the earth is flat. That does not
mean that the earth really is flat.

I purchased the copy of software from the previous owner, the retailer.
Transfer of ownership occurred at the time of sale.

That's were you are fundamentely wrong. You never purchase copyrighted
material. You pay for the rights to use it.
 
Asher_N said:
And software is an entity protected under copyright law.

But you said I didn't buy any software but permission to use software. Which
is it?
Only the holder
of the copyright owns the work. While you pay for the rights to use, you
never actually own it.

Like I said, a scam. Here, I am going to sell you "something" you won't own.
You have a choice of not accepting the EULA and returning the product.

No, you don't. If you open the package and begin installation, *that's* when
you get to read the EULA and you cannot return opened software for a refund.
Do you understand the scam yet?
The box also spells out that Windows is intended to install on a single
computer.

I never questioned that so why do you bring it up? I do think it's ripping
off families that have two or more computers to require that but we all know
that MS is in the business of ripping off their customers and showing no
respect for their customers by making them prove, twice, that the
software/licence or whatever you want to call it, was not a pirated copy.
Accusing your paying customers of piracy until they prove differently
through a proven, flawed test is not very good PR.

Alias
 
Asher_N said:
That's were you are fundamentely wrong. You never purchase copyrighted
material. You pay for the rights to use it.

Then why do ALL the computer stores in the world say they sell XP software?
And NONE of them say they sell a licence to use XP software?

To perpetuate the scam, per chance?

Alias
 
There is no EULA, there is a statement that the book is protected under copyright laws. As is XP.

One contracts with a retailer to purchese a software package. I have never seen licences offered for sale in any store. Third parties can't be bound by contracts. Therefore no MS in contract of sale. The only redress I see (for selling the OS in the first place) is for MS to sue store.

OEM may be bound by EULA.
 
Asher_N said:
I a sense they do. You are limited to what you can do with the work.
You own the physical book. You do not own the content. You are not
free to copy the entire content and give that away.

And no one is saying that they should be able to make copies of XP and
give it away.

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

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