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  #22  
Old 01-05-2006, 02:34 AM
Vanguard
 
Posts: n/a
Default Re: Oems can be sold according to this site

"Alias" <aka@[notme]maskedandanonymous.org> wrote in message
news:%23dJtrOIEGHA.1384@TK2MSFTNGP11.phx.gbl...
> Vanguard wrote:
>
>> "Opinicus" <gezgin@spamcop.net> wrote in message
>> news:11rkm1sn55qut09@news.supernews.com...
>>
>>> "Vanguard" <vanguard.code@comcastNIX.net> wrote
>>>
>>>> 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
>>>
>>>
>>> Erm, I believe an OEM version is tied to the first *computer* that it's
>>> installed on...

>>
>>
>>
>> It is tied to the qualifying hardware. Read the EULA. Mine says:
>>
>> "This End-User License Agreement ("EULA") is a legal agreement between
>> you (either an individual or a single legal entity) and the manufacturer
>> ("Manufacturer") of the computer system or computer system component
>> ("HARDWARE") with which you acquired the Microsoft software product(s)
>> identified on the Certificate of Authenticity ("COA") affixed to the
>> HARDWARE or on the associated product documentation ("SOFTWARE")."
>>
>> "The term "COMPUTER" as used herein shall mean the HARDWARE, if the
>> HARDWARE is a single computer system, or shall mean the computer system
>> with which the HARDWARE operates, if the HARDWARE is a computer system
>> component."
>>

>
> Then how do you explain that generic OEMs are sold in Spain legally
> without any hardware to be tied to?



Depends entirely on what is the actual contract that the OEM'er has with
Microsoft. Did you ever get to see their contract with Microsoft? Also,
and just as obvious, no one can sell anything under any condition within a
contract that is contrary to the laws prevailing in the location wherein the
sale occurs. Your contract to rent an apartment might say that you must
slaughter any Nazis, Jews, blacks, orientals, or any non-white races that
move into the apartment building but it is not a legal condition of that
contract (unless you happen to find a country where execution of that
condition is not contrary to law). Do you know what the laws of Spain are?
Are they federal laws or are you talking about some state laws? Do you even
know what laws somewhere in Spain would apply? Microsoft does business ALL
over the world. They don't get to rewrite the laws in all those countries.

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