corrected post

Why would the company claim to be serious about piracy if they are
violating Microsoft rules or are they just using the court case as
proof they can sell that version-regardless of what Microsoft says?


Then what do you people thing about this.

http://www.xent.com/pipermail/fork/2...er/006809.html
http://linuxjournal.com/article/5628

Agree or disagree? One comment is from a lawyer.


To me this is prove enough that you can sale or resale an OEM that was
not used as long as you bought it to begin with.


Greg Ro

people are starving, children are dying, the planet has climate patterns
unheard of, and yet people get into trivial debates the likes of
which some uphold 'corporations' and some dont.

dear friends, this is not the time to be fussed about who owns what, but
more a time of "who can Give" and assist the dilemmas this planet and
its people are going through. just a thought.

stop being greedy, feed the needy.

L & M

GregRo <webworm11@lycos.com> wrote in news:41vabqF1gcglaU1@individual.net:

> corrected post
>
> Why would the company claim to be serious about piracy if they are
> violating Microsoft rules or are they just using the court case as
> proof they can sell that version-regardless of what Microsoft says?
>
>
> Then what do you people thing about this.
>
> http://www.xent.com/pipermail/fork/2...er/006809.html
> http://linuxjournal.com/article/5628
>
> Agree or disagree? One comment is from a lawyer.
>
>
> To me this is prove enough that you can sale or resale an OEM that was
> not used as long as you bought it to begin with.
>
>
> Greg Ro
>

Sure you can. Sell it with qualifying hardware, and you now have to assume
support responsibilities.

"Alias" <aka@[notme]maskedandanonymous.org> wrote in message

> And what constitutes a new computer? If I upgrade everything but the case
> is it a new computer? This is not defined in the EULA.

It used to be "The OEM decides when it's a new computer" and since I built
the computer from parts bought off the shelf, that makes me... But no we
shan't go there again.

Apparently MS has recently told OEMs (in its license with them) that a
computer becomes a new one if the motherboard is replaced with something
other than the original one. Someone in here is sure to post a link to it
(again). You're right that this is not in the EULA however.

The question of what constitutes a new computer gets batted around here from
time to time without ever coming to a resolution.

--
Bob
http://www.kanyak.com

Opinicus wrote:
> "Alias" <aka@[notme]maskedandanonymous.org> wrote in message
>
>
>>And what constitutes a new computer? If I upgrade everything but the case
>>is it a new computer? This is not defined in the EULA.
>
>
> It used to be "The OEM decides when it's a new computer" and since I built
> the computer from parts bought off the shelf, that makes me... But no we
> shan't go there again.
>
> Apparently MS has recently told OEMs (in its license with them) that a
> computer becomes a new one if the motherboard is replaced with something
> other than the original one. Someone in here is sure to post a link to it
> (again). You're right that this is not in the EULA however.
>
> The question of what constitutes a new computer gets batted around here from
> time to time without ever coming to a resolution.
>

I think the real explanation is that you can't install a generic OEM on
*another* computer. IOW, you can't install it on two computers, only one
and that one computer can be upgraded to the point where it is a new
computer.

--
Alias

Use the Reply to Sender feature of your news reader program to email me.
Utiliza Responder al Remitente para mandarme un mail.

Jeff Richards wrote:
> I believe your analysis is the correct one. The claim that the sale
> is 'illegal' is a shorthand, and inaccurate, way of describing the
> issues you mention. AFAIK you can also add to the issues that the
> purchaser may not have acquired a legal license. In other words, the
> manufacturer cannot actually prevent the wholesaler from selling the
> CD, but they can declare that the purchaser has not obtained a valid
> license to use the software, as the wholesaler lost the legal right
> to transfer the license when they broke their re-seller agreement. That
> claim may be enforceable against the purchaser. So in theory,
> the manufacturer could stop the purchaser from using the software.
>> GregRo wrote:
>>> snip <
>>
>> I don't think very many people would question the legality of the
>> sale. What is being broken is an agreement between Microsoft and an
>> OEM partner. The buyer is doing nothing illegal. The seller is most
>> likely not doing anything illegal either. The OEM who originally
>> purchased the product isn't living up to their agreement with
>> Microsoft. Microsoft can cancel the agreement and forbid further
>> sales to them. They may even be able to sue them for breach of
>> contract. The end user who purchases the product also can't expect
>> any support from Microsoft as with all OEM product support is from
>> the OEM (whomever first installs the product) which in this case is
>> the end user. In other words there is no support. This is usually
>> not disclosed to the end user and is the cause of a lot of problems.
>>
>> Kerry

It is indeed a grey area. That is probably why none of the major software
companies have gone after an end user yet. If the wrong precedent was set
they would be up the proverbial creek with the whole licensing thing.

Kerry

Jeff Richards wrote:
> I believe your analysis is the correct one. The claim that the sale
> is 'illegal' is a shorthand, and inaccurate, way of describing the
> issues you mention. AFAIK you can also add to the issues that the
> purchaser may not have acquired a legal license. In other words, the
> manufacturer cannot actually prevent the wholesaler from selling the
> CD, but they can declare that the purchaser has not obtained a valid
> license to use the software, as the wholesaler lost the legal right
> to transfer the license when they broke their re-seller agreement. That
> claim may be enforceable against the purchaser. So in theory,
> the manufacturer could stop the purchaser from using the software.
>> GregRo wrote:
>>> snip <
>>
>> I don't think very many people would question the legality of the
>> sale. What is being broken is an agreement between Microsoft and an
>> OEM partner. The buyer is doing nothing illegal. The seller is most
>> likely not doing anything illegal either. The OEM who originally
>> purchased the product isn't living up to their agreement with
>> Microsoft. Microsoft can cancel the agreement and forbid further
>> sales to them. They may even be able to sue them for breach of
>> contract. The end user who purchases the product also can't expect
>> any support from Microsoft as with all OEM product support is from
>> the OEM (whomever first installs the product) which in this case is
>> the end user. In other words there is no support. This is usually
>> not disclosed to the end user and is the cause of a lot of problems.
>>
>> Kerry

Asher_N wrote:

snip

> Sure you can. Sell it with qualifying hardware, and you now have to
> assume support responsibilities.

The OP linked to site selling OEM MS Office. OEM Office product cannot be
sold without being installed on a computer according to the MS OEM
agreement. There is no provision for qualifying hardware with Office. In
fact the agreement explicitly states OEM Office cannot be sold alone it must
be installed on a system. You can't even just include the disk with a
system, it must be installed.

Kerry

"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."

--
__________________________________________________ _____
** Post replies to the newsgroup. Share with others. **
For e-mail, remove "NIX" and append "#VC811" to Subject.
__________________________________________________ _____

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?

--
Alias

Use the Reply to Sender feature of your news reader program to email me.
Utiliza Responder al Remitente para mandarme un mail.