Can't give windows away??

[WoundedWallet]

I just read this article and I'm shocked http://www.theinquirer.net/?article=23695

Is this true that I cannot give my old Dell to a friend without forcing him to pay MS for this previlege?

How about any other appliances or vehicles that use software? Is this a MS specific law?

 

[daniel1113]

I believe the only restriction is that the copy of Windows must remain with that machine.

 

[WoundedWallet]

That's what I thought the law was, but why did he say that?

"you can't transfer a machine or give one away without peeling the certificate of authenticity off"

 

[drag]

Originally posted by: WoundedWallet
That's what I thought the law was, but why did he say that?

"you can't transfer a machine or give one away without peeling the certificate of authenticity off"

It's bullshit, ignore it. It's like the 'do not remove tags' warning on sofas. The only people that need to worry about it would be resellers and businesses auctioning stuff off and that sort of thing.

People were doing things like selling machines with copies of OEM windows from other old/dead machines, which is a violation of the OEM/eula agreement.

 

[WoundedWallet]

drag, sorry for being so obtuse but what is the difference in between selling and auctioning? Why is one worse than the other?

And what is that about old machines? Can I only re-sell relatively new machines or there is no re-selling at all?

I understand about not having to worry about seldon enforced laws. But the question is about if such law really exists.

According to what you suggest the EULA says that once I buy a Dell, I can't resell it to someone else with windows in it. Is that true?

 

[redgtxdi]

Bill doesn't just want your money......he wants you SOUL!!!!

He can go pound sand!!!

Long live Windows Crax!!!!!!!!!!!!!!!!!!!!!!!!

 

[drag]

Originally posted by: WoundedWallet
drag, sorry for being so obtuse but what is the difference in between selling and auctioning? Why is one worse than the other?

And what is that about old machines? Can I only re-sell relatively new machines or there is no re-selling at all?

I understand about not having to worry about seldon enforced laws. But the question is about if such law really exists.

According to what you suggest the EULA says that once I buy a Dell, I can't resell it to someone else with windows in it. Is that true?

It's only realy a issue if you do this stuff for a living. Like if your selling a hundred boxes to somebody and stuff like that. Otherwise it's pretty much a non-issue. People have had problems with bad retail places peeling hte stickers and putting them on different machines and stuff like that.

Technically the OEM license is tied to machine. If you sell the machine the windows has to go with it, pretty much. So if you have a machien with OEM windows license and you sell it then that other person can use it.

 

[doornail]

http://clevescene.com/issues/2005-03-30/news/feature_1.html
http://www.ohio.com/mld/beaconjournal/n...template=contentModules/printstory.jsp

For the past four months, Zamos has been fighting four high-powered attorneys. They claimed he violated trademark and copyright laws by selling two unopened pieces of software on eBay for $203.50.

Cleveland lawyers Robert Chudakoff and Edward Simms, along with San Francisco lawyers Roy Bartlett and Cameron Alston, allege that the sale cost Microsoft hundreds of thousands of dollars in "irreparable damage." They demanded that Zamos hand over his eBay profits ($143.50) and cover the company's court costs and legal fees.

In a nutshell:

Student buys discounted software.
Changes mind and tries to return it, store refuses.
Attempts to get a refund from Microsoft, Microsoft refuses.
Attempts to sell it on ebay, Microsoft flips outs and pulls an RIAA on him.
Microsoft claims student is in violation of it's EULA.
Student says, "You mean the EULA that's HIDDEN inside this UNOPENED software?"

Which is exactly why shrinkwrap EULA's should be illegal.

 

[bsobel]

Originally posted by: WoundedWallet
That's what I thought the law was, but why did he say that?
"you can't transfer a machine or give one away without peeling the certificate of authenticity off"

Well, without a reference to the law he's interpretting, the line is pretty useless. I can't find any other references to a coa law signed around that time. Now there are COA laws, and they generally deal with art and collectibles where the seller is representing an item as rare or unique. The seller has certain responsibilities in such an agreement and if they breech them the buyer has rights such as returning the item within a year with interest, etc.

Bill