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

[David Damerell]

On Monday, 10 Jul 2006, Paul M wrote:
>But this is not being claimed. When you buy a piece of software with a
>licence you are entering into a contract

Bunk. Contracts require a consideratioin. I cannot enter into a
contract with Microsoft by giving money to a reseller.

"Consideration: There must be consideration (see also consideration
under English law) given by all the parties, meaning that every party
is conferring a benefit on the other party or himself sustaining a
recognizable detriment, such as a reduction of the party's alternative
courses of action where the party would otherwise be free to act with
respect to the subject matter without any limitation. Consideration
need not be adequate, e.g. agreeing to buy a car for a penny may
constitute a binding contract. (q.v. Chappell & Co Ltd v Nestle Co Ltd
[1959] 2 All ER 701. (UK common law))" [ wikipedia ]

>None of this is necessarily a bad thing -- the GPL works in exactly
>the same way. (i'm giving you this software for free, but I still own
>it, and you can only use (read distribute) it in the way I say).

No, it doesn't. The GPL does not impose restrictions; it grants
permissions. The GPL applies only if you want to do something - ie,
modify or distribute - normally prohibited by copyright law.

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