"GregRo" <webworm11@lycos.com> wrote in message
news:41uaa9F1fo592U1@individual.net...[color=blue]
> Normally I would not get into this debate.
> People have asked for court cases as prove.
> According to this site. They have court cases as prove.
>
> On this page they claim their software is genuine and even give the
>
Microsoft piracy address.
>
> [url]http://www.edirectsoftware.com/product.php?product_id=16230[/url]
>
>
> OEMs can be sold according to this site
> [url]http://www.edirectsoftware.com/hologram.php[/url]
>
> [Is it legal to sell OEM / CD Only software?
>
> This is a great question, many of the software companies would like
> you to believe the answer is no and often attempt to scare customers
> by placing text on the CD that says, for example; For distribution
> with a new pc only or something to that effect, but rest assured it
> is in fact legal to purchase OEM software. The truth is that the First
> Sale Doctrine protects our right, as well as yours to sell OEM / CD
> Only software.
>
> Software companies have attempted to circumvent the first sale
> doctrine by creating elaborate licensing agreements, in which they
> claim that the software is not actually yours, but that you only
> licensed it. Several courts however have found it does in fact meet
> the criteria of a sale and therefore have upheld the first sale
> doctrine.]
>
>
> They have court cases to back up their claim.
> kurttrail and others were correct according to this site.[/color]
Depends on *which* OEM version you buy. I buy
Microsoft-branded retail OEM
versions. The only condition, according to its EULA, is that it be bought
with qualifying hardware (but vaguely alludes to what qualifies). So you
can buy it with a power cord. The license is tied to that qualifying
hardware. The EULA never states that the qualifying hardware's license gets
usurped from that qualifying hardware when used in a larger system. So you
can move the power cord to another computer and the license goes with it.
Just buy qualifying hardware that is usable in every computer in the
foreseeable future under which you will continue to want to use that version
of Windows. The
Microsoft-branded retail OEM version must be purchased with
qualifying hardware, as per the EULA.
If it is a vendor-branded OEM, it is likely that the qualifying hardware is
the entire computer. The license sticks with that host. You can change the
hard drive, motherboard, RAM, and video card in that host but the license
sticks with that host. Also, some vendors will bastardize their OEM version
so it is BIOS locked. That means that particular OEM version will only work
on a particular brand and model.
Volume licenses must remain within the organization to which the license was
sold. Someone selling a "Corporate Edition" is making pirated copies of the
software onto distribution media and slicing off the licenses but those
copies are NOT going to members within that organization (i.e., the seller
isn't selling to himself).
A pirate can say whatever they want. What, you thought someone immoral
enough to pirate software but feels compelled to tell the truth? They steal
but, oh no, they would never lie? Phish mail always has some legitimate
links or images. After all, they're lying about them being legitimate.
The "Not For Resale" means they got the copy as part of an agreement that
they made with
Microsoft to obtain a free version, usually because the
recipient is a developer or a partner with
Microsoft using
Microsoft's
software to code an application to run using
Microsoft's software. NFR
means it is an illegal copy. It isn't pirated in the sense that the pirate
had to cut a CD and fake a label and packaging or just ship off the bogus CD
with a phony product key. Here they have the product all nicely wrapped up
by
Microsoft when it was given to them, and then they turned around and
violated the contract they made with
Microsoft to RESELL it. Of course it
will have all the hologram, CD markings, product key sticker, and whatnot
because
Microsoft produced the product; however, it is an NFR version which
obviously means that NO ONE CAN EVER SELL IT. It doesn't really look like
they are giving it away for free unless you believe $140 is their shipping
and handling cost.
[url]http://www.microsoft.com/windowsxp/pro/eula.mspx[/url]
Read section 8.
[url]http://www.microsoft.com/presspass/press/2005/dec05/12-15MAPSDecPR.mspx[/url]
Read last sentence of first paragraph.
[url]http://www.microsoft.com/piracy/how_types.mspx[/url]
[url]http://www.microsoft.com/resources/howtotell/en/counterfeit.mspx[/url]
A product marked NFR that is sold is a counterfeit product.
The court cases or law that are provided via links at this seller's sight do
NOT apply against contract law. When you receive an NFR product, you agree
to the contract terms - and that prohibits you from selling that copy. In
fact, I didn't see that any of the links were applicable. They're just
pushing **** in your face and hoping you can't see through it.
By the way, all those laws will do YOU no good when sitting in civil court
with your lone lawyer trying to convince a judge that you are right while
Microsoft has 17 lawyers in the courtroom and several dozen paralegals
working against you. Just because [you think] the law is on your side
doesn't mean you will win. When
Microsoft gets the FBI to come into your
business to confiscate all your hardware and other computer-related assets
which shuts down your business, can you afford to fight your way to an
improbable win and really think your business will survive by then?
--
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