Larry Samuels said:
Hi Bruce,
I used the SxS install as an example of the fallacy of trying to use a
hard and fast interpretation of the EULA as gospel without consulting a
lawyer <G>
By your own interpretation a SxS install is illegal--even for recovery
purposes.
Before you argue that the install is a temporary one--there is nothing in
the Eula that specifically gives you the right to temporarily install 2
copies on one machine. It specifically states *1* copy on 1 machine.
The user is also making a temporary install for study purposes which he
does not plan on keeping. Please explain the difference (other than the
fact it is 2 pcs) since both scenarios are a violation under your
interpretation.
You just admitted in this public forum that *you* break the Eula when you
need to. Beginning to catch my drift about the fallacy of interpretations
yet? <VBEG>
Well, copy certainly doesn't mean instance. "Copy" refers to the one disk
(which technically is an officially licensed *copy* of MS software written
to a disk for sale a use by the consumer). It states,
"Microsoft grants to you a limited, non-exclusive,
nontransferable, royalty-free license to install and use
one (1) copy of the executable code of the Software on a
single computer residing on your premises ("Workstation
Computer"), solely in connection with a licensed copy of
Microsoft Windows XP Professional Edition, Windows XP
Home Edition, Windows XP Media Center Edition, Windows XP
Tablet PC Edition operating systems for which the Software
is designed, and solely to test the Software internally,
test the compatibility of your application or other
product(s) that operate in conjunction with the Software,
and to evaluate the Software for the purpose of providing
feedback thereon to Microsoft."
Clearly it say being used on one machine. No one in their right minds nor
(sans the profiteer extremist at MS) does MS imply that one needs to
purchase more than one *copy* of XP (or Windows period) to install those
instances multiple times on the same unit of hardware. The meaning of "copy"
is the disk, and it to be used on one machine. Technically, that one disk is
being used one "one' Machine no matter how many instances of that same
installation disk is one it. Think about it, even if one has multiple
installs of the same disk on the same PC, they can only use one of those
Windows installs at the desktop level, at only one at a time on that one PC.
I have seen Bruce use the restaurant food purchase scenario, and car
purchase scenario also, this case easily follows that logic.
But even Alex Nichol claims this loose translation to seem perverted by
saying, "The wording of the EULA is capable of more than one interpretation,
and, as I have said to MS at a very high level, that particular one seems
perverse. In particular it would mean that it became impossible to do Beta
testing for them"