[ale] Finding desktops, laptops and hardware in Atlanat

Jeff Hubbs hbbs at comcast.net
Mon Mar 13 13:44:48 EST 2006


I'm not involved on either end of such transfers, so I have no horse in 
that race.  But, I do know that in contract law, ambiguity counts 
against the author. 

In any case, as a general rule, when buying computers off the used 
market, drives need to be nuked and paved over no matter what, and if 
the EULA language for any software you get looks anything like this, 
where the right of transfer is limited to a certain number of times, you 
have to assume that it's not legal to use the software. 

Which is a good reason to not become dependent on it in the first place.

Jeff

Geoffrey wrote:

>Jeff Hubbs wrote:
>  
>
>>Nope, not if you take a shop like Micro Seconds to not be an "end user," 
>>as I feel free to do because Micro Seconds is not participating in 
>>anything that could be construed as "end use."  The EULA language does 
>>not speak of all "parties" being equal.  If Microsoft were going to stop 
>>anything, they'd need different EULA language, which they were certainly 
>>free to do, seeing as they were the EULA author.  Specifically, they 
>>should say "The initial user of the Software may make a one-time 
>>permanent transfer of this EULA and Software to another *party*" 
>>(emphasis mine).  Strictly speaking, Micro Seconds isn't even a party to 
>>the transfer; they're acting as the agent of the seller in transferring 
>>the license to the buyer.
>>    
>>
>
>I'll leave that to you and M$'s attorneys to figure out...
>
>  
>




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