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List:       dmca-discuss
Subject:    Re: [DMCA_Discuss] What Laws Does M$ Refer to?
From:       tom poe <tompoe () renonevada ! net>
Date:       2002-04-29 20:33:17
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Hi:  Thanks.  That page does absolutely nothing to encourage computer 
donations, and does everything it can to outlaw the practice.  Shame on them.

On Monday 29 April 2002 12:52, Ole Craig wrote:
> On 04/29/02 at 15:15, 'twas brillig and Raul Ruiz scrobe:
>
> This was done to death on /. a little while ago.
>
> Essentially, the "legal requirement" is contained in the EULA. What
> the MS webpages don't tell you is that
>
> 	- it is a contractual (not statutory) requirement, bound to the
> 	  operating system license, not the computer hardware
>
> 	- it is valid only to the extent that the EULA is valid
> 	  (TTBOMK, this has never been tested in court)
>
> 	- it applies to the *donor*, not the recipient; i.e. If I give
> 	  a computer infected with Windows to a school, and fail to
> 	  supply the license and documentation along with it, then I
> 	  am in violation of the EULA, not the school. They can use
> 	  the computer as-is all they want, or install any new
> 	  operating system upon it -- *as long as that new operating
> 	  system license is not an "upgrade" to a presumptively-valid
> 	  previous OS.*
>
> > I believe that they may simply be referring to the first sale doctrine
> > (Title 17, Section 109) in an odd way. If you own a computer with windows
> > pre-installed, and the terms of purchase of that computer require you to
> > keep the operating system installed forever (not sure if it does, I never
> > read those things), you must donate it along with the operating system
> > and the license.
>
> [...]
>
> > Hi:  Anyone have any idea what laws are being referred to, here?
>
> [...]
>
> > http://www.microsoft.com/education/?id=DonatedComputers
> >
> > It is a legal requirement that pre-installed operating systems remain
> > with a machine for the life of the machine. If a company or individual
> > donates a machine to your school, it must be donated with the operating
> > system that was
> > installed on the PC.
>
> 		Ole
> --
> Ole Craig * olc@cs.umass.edu * UNIX; postmaster, news, web; SGI martyr *
> CS Computing Facility, UMass * <www.cs.umass.edu/~olc/> for public key
>
> perl -e 'print$i=pack(c5,(41*2),sqrt(7056),(unpack(c,H)-2),oct(115),10);'
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