UPGRADE OR FULL VERSION

K

kurttrail

Leythos said:
If you don't want the information you don't have to access the site.
I'm not a System Builder either, but I still accessed the site -
there is nothing on the pages (and I'm sure you will agree) that
legally stop the Public from accessing the site - at least it's not
been tested in court :)

You really are a moron. There is no legal requirement that forces an
End User to register for the System Builders site, so until proven
otherwise in court, the "New Rules" written there are not legally or
morally applicable to them.

MS's word is not the law, and it isn't up to the End User to prove what
they can and cannot do with the very expensive software that was sold to
them. If MS feels that someone isn't following any of their rules, it
is up to them to seek out a court to enforce those rules. That Contract
Law, plain and simple!
Actually, since I agree that the SBL and EULA provide a possible
conflict in terms for a vague section I didn't see any reason to
respond - I've already said that I agree that it's vague, that it's
clarified in the SB site, and that I will abide by the expanded
definition and other clarifications that MS has provided.

Yet you offer no opinion at all about which one, the SBL or the EULA,
would be applicable to the END USER! No Balls!
LOL, you couldn't push my buttons if you tried - after I figured you
out weeks ago it was easy to play your game.

But you don't play the game well at all!

You are responding to me. And if you didn't I wouldn't have as much of
an opportunity to expose more of my fellow consumers to my point of view
concerning MS's licensing terms, and to expose them to the irrational
beliefs of those that blindly accept anything MS says as the Gospel
according to Bill.

You just play right into my hands! ;-)

Thanks!

--
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"
 
L

Leythos

What judge in his right mind would rule that that is the same as the
EULA, which you don't have to register to read?!

I don't think I've ever claimed a legal position on it - button.
 
L

Leythos

There is no legal requirement that forces an End User to register for
the System Builders site,

Hey, careful, you are agreeing with me. I said the exact same thing -
nothing forcing anyone, legal or not, to read the information on the site,
and there's no legal issue keeping anyone from reading it - button.
 
K

kurttrail

David said:
This is totally boring.

Here's a better story.

I got home at Sat 4:50pm which is my birthday, Niel was gasping for
breath out the front. I asked did he want an ambulance and he said
no. So I waited and he finally said "get me a valium". So I got a
glass of water and a valium (try finding drugs without glasses) and
put them next to him. Bill, whose wife val died a month ago (this is
second household death this month and third last 6 months), came out
and held the glass for him while I got a wet towel to wipe spew of
him. He was now unable to talk so we called an ambulance as he
couldn't say no ("If you don't say no we we call an ambulance"). His
head was dropping forward and and he was p[icking it up to suck in a
gasp of air. I held his head up for a while. But he was still
breathing for himself. I put wet towel on his head to hopefully
provide relief. We heard ambulance approaching so I told Bill to
monitor his breathing and went to where ambulance could find us
quickly. It arrived at 5:04pm. I had already collected all his
medications (and thought chalking V on his head a bit too disaster
like). Ambulance arrived, advised medical history (heart attacks and
what he claimed were panic attacks) and the valium and gave medicine
to ambos.

They walked over and discovered he was no longer breathing or beating
so laid him down, half out the front door and half inside. They
called a paramedic ambulance as well and while we waited they gave
CPR while trying to fix electrodes. My other neighbours had noticed
by now and were coming over.

In another 5 mins the paramedics arrived and they spent twenty
minutes preparing syringes of andreneline, bi carbonate of soda (no
idea why), and an IV drip. They then shocked him three times at which
stage some computer said "Check Patient". They then shocked him a few
more times.

They then gave 1/2 hearted CPR while the loaded him in the paramedic
ambulance, left the general ambulance parked outside and all 4 went
off in the second ambulance at 6 PM. We sent one of the ambulance
person's phone with him thinking it was Niel's (all but me thought he
was going to recover). The hospital was unable to revive him either
(not that that was likely).

I found the ambos badge so waited at his ambulance for an hour to
give it back. An 1/2 hour later he came back saying seen my blue
phone and we said it's at hospital. He left and a person bringing
Niel's possessions turned up, incl the phone. So I rang ambulance
dispatch and they sent a third ambulance for the phone (but I was in
back yards fielding calls from the ambos friends while trying to tell
some of Niel's friends (who live at the back of us) he was dead.

We then told his friends up and down the street that Niel had died at
5pm.

Niel was known as the Mayor of Randwick as he knew every person in
Randwick, minded every house on the street when people were away,
like a beneign Dorrie Evens. 20 to 30 people visited him everyday as
he held court on the front yard.

I should have continued to hold his head up and not trust the
intoxicated 73 yo bill whose wife is a bit less than a month dead. I
should have earnt his ire and called the ambulance anyway (would have
save 5-10 minutes), he had many heart attacks last 6 months and
didn't go to hospital for any but the first. He didn't want to go
back to smoker unfriendy places. He I had had known he was
unconscioused rather than in too much pain to talk I would have put
him in the coma position (the position for breathing problems is the
one the person finds most comfortable).

His sister came down from Brisbane today. He left a message on her
phone at about 4 pm so they recorded it.

I promised him several times after his "turns" that I would look
after his cat (which I will, but I wasn't expecting the financial
penalty so soon). Lucky muggsy is over 10 so it won't be too long.
He's a bit confused as to why all of us who don't feed him suddenly
are. And where is Niel. He waits outside for Niel to return.
Unfortunatly Muggsie has expensive tastes in food. He will only eat
fresh food (must come out of a can NOW) and won't eat the same type
twice in a row. So generally he has 1/3 of three cans of food a day
(with other 2/3rd being tossed) and dry food that has to be freshly
poured. He eats 20 times a day.

Of course we also had two visits from the police.

Sorry for your loss David. Don't beat yourself up on what you could
have done differently, as anyone that has lost a friend or family member
will do anyway. There is always something that we feel we could have
done differently, but that doesn't mean it would have changed the
outcome in any way.

Again, you have my sincerest condolences, and celebrate his life with
those that were most touched by him.
 
K

kurttrail

Leythos said:
I don't think I've ever claimed a legal position on it - button.

"If you don't want the information you don't have to access the site.
I'm
not a System Builder either, but I still accessed the site - there is
nothing on the pages (and I'm sure you will agree) that legally stop the
Public from accessing the site - at least it's not been tested in court
:)"

"Oh, and for contractual and legal matters, there is nothing binding
that
keeps the general public from accessing the SB web site. I'm not a SB
and
was able to access it with just a simple registration."

What stops the general public from access, is required registration for
a site that is NOT applicable to them as an End User.

And there is no EULA rule that requires any registration, or any mention
that the are bound by anything that is written on the SB site.

Again, I love you take one sentence, and only reply to that.

Here is the parts you totally ignored, so I guess you are in agreement
with it!
No, it's not an expansion, it is a totally "New Rule." Nowhere in the
EULA does it even hint that a computer with MS OEM WXP installed on it
can be upgraded to a point where it becomes a new & different
computer!

This is where you are totally dense. The changing of the motherboard
equalling a new computer, is not an expansion of any existing rule in
either the SBL or the EULA, but is a totally different and "New Rule!"


Did you that the motherboard "New Rule" is in direct contradiction
with the SBL, when it defines a 'fully assembled computer system," as
"consisting of at least a central processing unit, a
motherboard, a hard drive, a power supply, and a case?"

The motherboard is only one of five parts of a computer in the SBL,
yet MS creates their password-protected, registration-required "New
Rule" where changing one out of the 5 parts that make up a computer
in the SBL equals a totally new and different computer!

And then you have the EULA that NEVER mentions anything about
upgrading a computer to a point where it becomes a new & different
computer! So who is bullsh*tting whom, here? MS has had every
opportunity over the last dozen or more years to clearly define when
upgrading a computer turn that computer into a totally different and
new computer, yet they haven't! No judge in his right mind would
even enforce MS's password-protected, registration-required
extra-SBL/EULA "New Rules" on any End User, and the only people that
think that is even a remote possibility are moronic MicroSycophants
like you.

To his credit, even Bruce Chambers, one of the most rabid pro-EULA
MVPs in MSGroups, doesn't buy this extra-SBL/EULA crap.

--
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"
 
L

Leythos

Here is the parts you totally ignored, so I guess you are in agreement
with it!

I didn't reply to it because I already know your position and you already
know my position. It serves no point in continuing to sound off to each
other on things that we each already understand that the other is not
going to change their view on. Did you miss that concept somewhere?

I'm not ignoring it, I just didn't see any point in making the post that
much larger in order to restate how I feel after having already restated
it many times. Got it now?

Oh, and in case you missed it, lack of statement does not mean agree or
disagree - but, since you are the master of determining what an agreement
is I would have though you would already know that.
 
K

kurttrail

Leythos said:
Hey, careful, you are agreeing with me. I said the exact same thing -
nothing forcing anyone, legal or not, to read the information on the
site, and there's no legal issue keeping anyone from reading it -
button.

Um, no. You took what I said out of context. A half-statement.

In context:
You really are a moron. There is no legal requirement that forces an
End User to register for the System Builders site, so until proven
otherwise in court, the "New Rules" written there are not legally or
morally applicable to them.

What stops the End User from reading MS's "New Rules" is REQUIRED
REGISTRATION, for a site that is NOT even applicable to them as a END
USER.

For those of you out there lurking, this is what the sycophantic
supporters of MS's "New Rules" have to do, take things out of context.
Whether it is taking my words out of context, or taking the SYSTEM
BUILDER "New Rules" out of context and attempting to make them
applicable to you the END USER.

Don't be fooled by those that take every word of MS's as Gospel. An
educated consumer is less likely to parted with his/her own money
unnecessarily. MS and its ass-kissing supporters prey on the suckers,
so don't fall their con-job.

--
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"
 
L

Leythos

Don't be fooled by those that take every word of MS's as Gospel.

I agree, don't be fooled by anyone, lest of all me. Don't take anyone's
word for anything, unless you are willing to accept the consequences for
that trust.

I'm one of those people that plays by almost all the rules, and if MS says
they consider the "Motherboard" to be the computer for purposes of OEM
Licensing then I'm going to stick with that definition as no matter what
happens I can't go wrong. If by some change this ever gets court tested
and it's found that MS is right, then I'm in the clear and so would anyone
be that followed their directions. Likewise, if the courts hold that MS
any part makes the computer and that as long as you keep at least one
original part, that it's the same computer, then I'm still covered.

The button passes to you now.
 
K

kurttrail

And by the way, did anyone hear that button being pushed again? ;-)
I didn't reply to it because I already know your position and you
already know my position.

Yeah, my position reflects the agreements as they are agreed to and
yours is that MS's password-protected, registration-required System
Builder "New Rules" are applicable on End Users, superceding what they
agreed to follow on the EULA.

My position is a rational reflection of contract law, and yours is some
delusional twisting of reality in a parrelell MicroWorld, where
everything that MS writes anyway is applicable to everyone and
everywhere throughout all eternity!
It serves no point in continuing to sound
off to each other on things that we each already understand that the
other is not going to change their view on. Did you miss that concept
somewhere?

LOL! No, I missed the part where you have a rational explanation for
insisting that MS's password-protected, registration-required System
Builder "New Rules" are applicable to End Users! Just because you have
repeated that it is more than once is not a rational explanation.

Mine explanation of why MS's password-protected, registration-required,
extra-SBL/EULA "New Rules" aren't applicable is justified under
contract law. It is not up to IBM to just mindlessly accept SCO's
legally unsubstantiated claims about the UNIX License, it is up to SCO
to prove those claims are valid and legally enforceable under the law.

And MS's OEM customers are under no legal obligation to mindlessly
accept MS's password-protected, registration-required, extra-SBL/EULA
"New Rules" just because MS and YOU, make that unsubstantiated claim.
I'm not ignoring it, I just didn't see any point in making the post
that much larger in order to restate how I feel after having already
restated it many times. Got it now?

Because you have yet to explain WHY you believe what you do, and leave
it up to me to ascribe your motivation.
Oh, and in case you missed it, lack of statement does not mean agree
or disagree - but, since you are the master of determining what an
agreement is I would have though you would already know that.

There is no agreement between the End User and MS to follow MS's
password-protected, registration-required, extra-SBL/EULA "New Rules,"
Lamethos. That is the point that YOU are totally unwilling to accept,
and you have yet to show any rational explanation as to why you
unrealistically believe that some agreement exists between the End User
and MS that justifies MS's password-protected, registration-required,
extra-SBL/EULA "New Rules."

--
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"
 
K

kurttrail

Leythos said:
I agree, don't be fooled by anyone, lest of all me. Don't take
anyone's word for anything, unless you are willing to accept the
consequences for that trust.

Don't even take MS's word. They are the last ones anyone should ask,
especially on password-protected, registration-required, Non-End User
web sites!

But you are a fool! You accept MS's words, no matter what reality says.
I'm one of those people that plays by almost all the rules,

Even those that have no concept in reality. You don't have a mind of
your own. You have a MicroBrain.
and if MS
says they consider the "Motherboard" to be the computer for purposes
of OEM Licensing then I'm going to stick with that definition as no
matter what happens I can't go wrong.

That's right, it's not your money, it's your customers!
If by some change this ever
gets court tested and it's found that MS is right,

That will be a cold day in hell! MS is too chicken to excercise their
due diligence when it comes to individuals and MS's unsubstantiated
usage licencing claims.

At least SCO has the balls to try and prove their claims in a real court
of law!
then I'm in the
clear and so would anyone be that followed their directions.

And if that cold day in hell ever comes around, your customers may just
sue you along with MS to regain their money on all the extra license you
sold them. You would be a willing co-conspirator, helping a monopoly
enforce its bogus unsubstantiated claims on its suckers, um, I mean
customers!
Likewise, if the courts hold that MS any part makes the computer and
that as long as you keep at least one original part, that it's the
same computer, then I'm still covered.

Read what I wrote above, you may not be as covered as you think!
The button passes to you now.

LOL! Showing the irrational lengths you are willing to go in order to
convince people that MS's password-protected, registration-required,
extra-SBL/EULA words are applicable to them as End Users is my goal for
this thread. The more you squirm around and unsuccessfully attempt to
try to justified it, is my ultimate goal for this thread. So keep
thinking you are pushing my button, you are only helping me. Thanks!
;-)

--
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"
 
L

Leythos

lurker=kurt

Interesting observation. I had not taken enough interest in Lurker or Kurt
to actually start looking, I just lump a few of the posters into the Kurt
group :) I kind of see them as all the same anyway.
 
L

Lou

I agree, don't be fooled by anyone, lest of all me. Don't take anyone's
word for anything, unless you are willing to accept the consequences for
that trust.

I'm one of those people that plays by almost all the rules, and if MS says
they consider the "Motherboard" to be the computer for purposes of OEM
Licensing then I'm going to stick with that definition as no matter what
happens I can't go wrong. If by some change this ever gets court tested
and it's found that MS is right, then I'm in the clear and so would anyone
be that followed their directions. Likewise, if the courts hold that MS
any part makes the computer and that as long as you keep at least one
original part, that it's the same computer, then I'm still covered.

The button passes to you now.

Pardon me for intercepting the button but I've been following it for a
number of days and this last post pushed my button.

Leythos, you seem to have taken the position of accepting the MS
position to avoid any future retribution should courts (if ever it
comes to that) find MS is correct. In my opionion that is an
illogical position to take and can become dangerous.

Guru's of various ilks have used and are using this tactic of
threatening potential future harm to coerce others into accepting
their "beliefs." This practice of threatening future harm is rampant
in many aspects of most societies. It is dangerous practice and has
led and will continue to lead to major problems.

In my opnion, it is far better to have open discussions and allow each
individual to weigh the merits of the arguments without appealing to
to this fear mongoring.
 
L

Leythos

Lamethos.

There goes your button again - can't keep a proper conversation going to
you resort back to your childish manners. I can't really believe you're
more than a kid in high-school, you certainly fall back to their typical
trolling manners.
 
L

Leythos

Pardon me for intercepting the button but I've been following it for a
number of days and this last post pushed my button.

Leythos, you seem to have taken the position of accepting the MS
position to avoid any future retribution should courts (if ever it
comes to that) find MS is correct. In my opionion that is an
illogical position to take and can become dangerous.

It may not make sense to you, but as you say below, I should be entitled
to my opinion. Since I have to comply with so many vendors license
restrictions, and so many clients rely on us to properly license their
environments, I'm not about to risk some "person's" interpretation that
may or may not stand up in court. It's not and has never been a money
issue, it's an issue of being able to be taken to court and not having the
money that MS does or the Anti-Piracy groups have. Legal is one thing,
being taken to court by a opponent with deeper pockets is another. It's
not like the ACLU is going to defend me if MS comes after me.
Guru's of various ilks have used and are using this tactic of
threatening potential future harm to coerce others into accepting
their "beliefs." This practice of threatening future harm is rampant
in many aspects of most societies. It is dangerous practice and has
led and will continue to lead to major problems.

Ah, but you see, it appears you are talking about Politics/Religion and
not Licensing. In licensing, if a vendor with DEEP POCKETS says you have
to comply with X and you're doing Y and refuse to do X, and they vendor
takes you to court, it costs you money to PROVE you're right. In the case
of large vendors like MS, there is nothing compelling anyone to use their
product, it's a CHOICE. Sure, you don't have to play by their rules, you
don't have to listen to them and you can do what ever you want - until a
action is brought against you. I don't know how much you pay for your
attorney, but our has never been cheap, in fact they charge more per hour
that I charge for most of the guys. In many cases, just having to prove
you are properly licensed can eat up more hours (and hours are free) than
the cost of having purchased the necessary licenses to start with.

Now, I don't follow the "Guru" or others. I read the EULA (on many MS
products), determined that I didn't have a clear definition of select
terms, and spent several days with a regional MS representative in order
to understand their licensing structure in addition to the documents
surrounding it. I have also read definitions on various terms and
conditions as listed on their site, not just the Systems Builder Site.
In my opnion, it is far better to have open discussions and allow each
individual to weigh the merits of the arguments without appealing to
to this fear mongoring.

I fully agree, but a discussion that entails foul language, maligning of
names, and trolling, is far from a discussion. Heck, even if I say
something nice about Kurts posting he gets bent out of shape and has to
resort to childish insults or trolling.

I also fully agree that individuals should discuss this and other issues,
but I don't consider it inappropriate or unjustified to license MS product
as MS intends them to be licensed, even if there is no legal precedent to
show that their license agreements or additional clarifications are
binding. As I said before, just the cost associated with one action of
being taken to court or audited can cost more than having purchasing the
proper licenses as MS "intends" you do purchase.

If this issue was just concerning my home systems, not business system, I
would side with Kurt, but he's missing that there is more to consider than
just his side. I'm fully willing to let Kurt be the test case, he seems
like he could do a good job at it. I am not willing to let my mother or
clients or my business be the test case.

Thanks for the feedback.
 
L

Linda B

I'm a little saddened to see that so many people, including you, Michael,
completely missed the point. It was satire, but it was also completely over
your head. I won't bother explaining.
 
A

Alias

Linda B said:
I'm a little saddened to see that so many people, including you, Michael,
completely missed the point. It was satire, but it was also completely
over
your head. I won't bother explaining.

No need. It's obvious you confuse lies and ad hominem attacks with "satire".

Alias
 
L

Linda B

Piss off, you little freak. You started throwing "ad hominem" around the
day you read it on your word-of-the-day calendar, and it's the most
polysyllabic word in your stunted little vocabulary. Go hump Kurt's leg.

I think I'm done with all you half-wits.
 

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