** Andy Smith <andy@???> [2006-11-21 18:44]:
> On Tue, Nov 21, 2006 at 04:27:02PM +0000, David Anderson wrote:
> > Tuesday, November 21, 2006, 3:38:29 PM, you wrote:
> >
> > hgc> There has been some mention on this list recently of people getting XP with a
> > hgc> new machine and not so much as opening the packet or booting up. Does anyone
> > hgc> have an unopened pack of XP home that (s)he would be willing to sell? And if
> > hgc> so, for how much?
> > The problem with that is the software can only be used on that
> > machine
>
> My understanding is that while Microsoft may say that an OEM licence
> is not transferable, there is no European law that says this is the
> case. Of course, MS may block you from updating later anyway. And
> naturally, they may still decide to sue you, and may win. And I
> don't believe that either interpretation has ever been tested in
> court. And I'm not a lawyer.
** end quote [Andy Smith]
Yup, I've read that too. Sadly, back in the real world where money is
more powerful than the law I would suggest that it is significantly
cheaper to comply with the MS wording than challenge it. Except against
a big very big organisation MS would have the financial muscle to ensure
you never won the case, and were likely bankrupted trying. A big
organisation would consider it significantly cheaper to pay up and would
have no real interest in the principle of establishing the correct legal
answer.
...or am I too cynical here? ;)
--
Paul Tansom | Aptanet Ltd. |
http://www.aptanet.com
