On 9 Aug 2006, at 19:47, Randy B.Singer wrote: > Stroller said: > >>> I'm afraid that your analogy doesn't work at all. In your >>> example you >>> aren't purchasing a "license" for birdseed. You are actually >>> purchasing >>> birdseed. The label on the bag that says "birdseed" does not >>> create a >>> license. A license has to be specifically created... >> >> Indeed. That was kind of my point, so sorry if it was too contrived >> to be clear. >> >> The title "Original Equipment Manufacturer" does not make a contract >> between you & Microsoft, prohibiting you as an end-user from >> installing the OEM version. > > > The title "OEM version" puts a purchaser on notice that this isn't a > retail version of the software. If a user purchases an OEM version of > software from another party, not the OEM, they do so at their own > peril > if they don't investigate the license that that software came with. Indeed. And it is that license we have been discussing. But saying "title `OEM version' makes it unethical to use that software, even if you conform to the license terms" is taking it a bit far, don't you think? Stroller.