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

Jason Clifford jason at ukpost.com
Mon Jul 10 07:02:14 UTC 2006

On Sun, 9 Jul 2006, Tethys wrote:

> >Remember that without the EULA you have no right whatsoever to use the 
> >software unless there can be an implied license which the courts have not, 
> >AIUI, ever taken to exist where an EULA (no matter how faulty it is) 
> >exists.
> Is this actually true? I mean, I know it's what the large software vendors
> want you to believe, but is there anything in UK law that governs how you
> may or may not use a particular item that you own? Copyright law controls
> duplication of that item. But which law says "even though you bought this
> item from me, you can't use it unless I give my permission"? Essentially,
> they're trying to claim that all software is leased, rather than sold,
> and that you're only buying the physical medium. But has this ever been
> tested in court?

You are wrong.

Copyright law control distribution as well as duplication and it also 
contains some controls over use.

Moreover remember that where software is concerned you cannot use it at 
all without copying it - ie installing it.

The simple fact is that nobody other than the author or copyright holder 
has any right whatsoever to copyright protected material and access for 
others can only be by license.

To sell software to another is distribution. For software there is clearly 
intent that the software should be copied (ie installed) as well.

It is subject to copyright law.

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