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Good post Mark. Certainly, vendors like Microsoft would like to restrict = the use of their software. Years ago, most software was licensed where=20 you had the right to use the software for a fixed period of time, and=20 you had to renew that license otherwise the software license would=20 expire and you would not be allowed to use that software. This is still=20 used in some venues. Microsoft's EULA has been under attack for a long=20 time, and they tend to change it frequently. Even more today, they=20 would like to prevent it from being used within some other vendor's VM=20 since they are now selling their own virtualization. On 11/15/2008 03:41 PM, markw-FJ05HQ0HCKaWd6l5hS35sQ at public.gmane.org wrote: > I'm not a lawyer and I'm not advocating stealing Microsoft's work in an= y > way, however, I do have a strong opinion about the enforceability of th= e > EULA W/R to ownership and operation of Windows. > > My dad once told me, that people can claim all they want, but that does= n't > mean they have the right to do it. More to the point, the EULA may "say= " > you can't do something, but that doesn't mean you don't have the right.= > > Just like when major League Baseball says you can't many any copies of = any > portion of a baseball game without written consent of the MLB, this is > clearly false and you can do what ever you want within the realm of "fa= ir > use." > > Personally, I "own" many windows licenses. I have properly obtained > multiple copies of the copyrighted work, I have properly compensated th= e > intellectual property owners at their requested rate of payment. I > consider the transaction done. They don't get to tell me what I can or = can > not do with my copy any more than an artist can prevent me from either > destroying or selling a painting I bought at a gallery. > > There is a *lot* of legal fighting going on as we speak about the > enforceability of these sorts of clauses, and until there is a clear an= d > concise legal decision, I will proceed with common law rights of owners= hip > and the fair use and first sale doctrines. Big corporation may wish to > exert control over its customers, but we have laws to protect us. > > So, I use my Windows licenses that cam with computers and laptops I hav= e > bought to run Windows in a VM. If Microsoft has an issue with that, let= > them try to sue me, I'm sure the FSF, EFF, and other organizations woul= d > love to pick up that fight. --=20 Jerry Feldman <gaf-mNDKBlG2WHs at public.gmane.org> Boston Linux and Unix PGP key id: 537C5846 PGP Key fingerprint: 3D1B 8377 A3C0 A5F2 ECBB CA3B 4607 4319 537C 5846
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