[X4U] Boot Camp

[Ted Burton]

At 12:12 AM -0700 on 08/08/06, Robert Ameeti spoke about Re: [X4U] 
Boot Camp thusly:

>To base an argument for the legality on the likelihood of 
>prosecution doesn't sound like a very respectable society.

Seems to be a little mixing of civil and criminal law going on here.

Microsoft has a contract with whatever company or person to whom it 
delivered an OEM version of Windoze.

When that person lets the software get into the open market, that 
person breaks their contract with Microsoft. That is not a crime. It 
is a breach of contract, to be dealt with in a civil suit. They were 
in lawful possession of the software, and broke their contract how it 
was to be used.

Vis a vis the criminal law, it was not criminal for the OEM to put 
OEM software into the marketplace. Thus the buyer is not in the 
possession of stolen property. Now if someone burgled the OEM, or 
someone broke into an inventory box and stole the software, then its 
another matter altogether.

Now as a practical matter Microsoft cannot afford to keep a staff of 
attorneys on hand with investigators attached to track down and sue 
individual users for two hundred bucks each, complete with then 
having to worry about collecting it. The OEM in question is a much 
more real target and the volume of wrongdoing greater by far. If 
there's enough of this stuff going on, then maybe they will.

More likely someone bought two boxes and had two copies of OEM 
software, and is selling one they don't need.

As for the morality of the matter, I agree that the end user of OEM 
software, who is neither the OEM nor a buyer of a computer from the 
OEM, has participated in something wrongful, and shouldn't be doing 
it. Let's say it's sinful, but not criminal. There's a difference.
-- 

Mercy, fraternal solidarity, and dedication to the common good.
Peace,
Ted