[ale] Finding desktops, laptops and hardware in Atlanat

Geoffrey esoteric at 3times25.net
Mon Mar 13 12:30:26 EST 2006


Jeff Hubbs wrote:
>> EULA for retail version of XP, from M$ website:
>>
>> 13. SOFTWARE TRANSFER. Internal. You may move the Software to a 
>> different Workstation Computer. After the transfer, you must completely 
>> remove the Software from the former Workstation Computer. Transfer to 
>> Third Party. The initial user of the Software may make a one-time 
>> permanent transfer of this EULA and Software to another end user, 
>> provided the initial user retains no copies of the Software. This 
>> transfer must include all of the Software (including all component 
>> parts, the media and printed materials, any upgrades, this EULA, and, if 
>> applicable, the Certificate of Authenticity). The transfer may not be an 
>> indirect transfer, such as a consignment. Prior to the transfer, the end 
>> user receiving the Software must agree to all the EULA terms.
>>
>> http://www.microsoft.com/windowsxp/home/eula.mspx
>>
>> Can't seem to locate a version of the OEM EULA right now...
>>
> The way I read this, If you sell a computer with this OS that you bought 
> for it to Micro Seconds (and you have to provide all the disks and 
> printed materials), the transfer clock doesn't tick until Micro Seconds 
> sells it (assuming that Micro Seconds is not an "end user" as defined in 
> the EULA).  Micro Seconds has to sell it with the disks and printed 
> materials.  From that point on, the license goes with the new buyer but 
> dies with him too; no more transfers are authorized under the EULA.

No, the third party is the person you transfer the software to, in this 
case, Micro Seconds.  That person, according to the license can not 
transfer it.  The first party is M$, you are the 2nd party, and Micro 
Seconds would be the third party.

> The problem with this in practice is that when Micro Seconds, Goodwill, 
> etc., accepts a computer, how do they know if the license is still in 
> force?  They can't - unless MS has some sort of phone-home database that 
> keeps track of all licenses and license holders.

This is why the license reads the way it does.  The 2nd party, that is 
the person who bought it from M$ knows.  The 3rd party Micro Seconds is 
stuck with it.

This is the way that M$ tries to stop folks like Micro Seconds from 
selling used systems with used OS's.  People are expected to put more 
money into the bottomless hole called M$.

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-- 
Until later, Geoffrey



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