[X4U] Boot Camp [A]

[Ted Burton]

At 3:38 PM +0100 on 08/09/06, Stroller spoke about Re: [X4U] Boot 
Camp [A] thusly:

>I contend that it is no more immoral or unscrupulous for an end-user 
>to buy an OEM copy of Windows than it is for them to plant bird seed 
>- as long as they are following the letter of the license.

Clearly I was not listening when the original question was posed -- 
or else the idea that the license expressly permits the use in 
question is a new one. "The use" as I write that term down here would 
to me mean both the process of use and the identity of the user.

If the contract between Microsoft and the OEM says, in essence, 'here 
are 400,000 copies of Windows XP for you to install upon the 
computers you build and to furnish to the buyer of those computers. 
You are not free to sell any of these discs other than with a 
computer you are selling," then the OEM peddling these under the 
table is breaking its contract with Microsoft.

The contractual propriety of someone being in possession of the disc 
and using the software would be based upon the terms of the contract 
that covered Microsoft originally transferring possession of the disc 
to a person other than itself, and upon the license language on the 
package and/or on the disc in the installation process.

I would assume that to the extent relevant language is in the 
contract between Microsoft and the OEM, but not repeated in the 
license, that a person purchasing the disc without actual knowledge 
of the contract between Microsoft and the OEM would take free of it. 
However, I would be surprised if all that expensive language of the 
software license does not include the idea that the software may only 
be used on a computer with which sold.

The end user would in any event be bound by the license in terms of 
defending possession of the disc and defending use of the software.
-- 

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