[Gllug] Getting Microsoft off a Dell purchase - anyone done this? [OT]

[Mike Brodbelt]

On Mon, 2006-07-10 at 16:11 +0100, - Tethys wrote:

> > There aren't any restrictions on what you can do with the physical medium --
> > you are free to hang the CD in your garden as a bird scarer -- but you
> > are not buying the software. That would require acquiring the
> > copyright for the IP.
> 
> Rubbish. Copyright covers (as the name implies) copying. Not use.

The problem with that is that under UK law, the use of software creates
a copy in the RAM of the computer. Although you do own the copy of the
software you have purchased, only the licence grants you permission to
make the copy in RAM necessary to run it, so unless you agree to the
licence you are acting illegally if you install or run the software.

As I understand it this is not the case in the US, where the fair use
sections of their copyright law make exceptions for copies necessary for
use - so in the US you have a right to use the copy of the software you
purchased without agreeing to the licence. Only the act of further
copying requires licence acceptance. The software companies of course
don't like to advertise this.

IANAL, of course,

Mike

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