[Gllug] Netbook recommendations

[John Edwards]

On Wed, Aug 18, 2010 at 10:53:53AM +0100, general_email at technicalbloke.com wrote:
<snip> 
> Andrew, you can't move OEM copies of windows onto different machines, 
> legally at least.

You'll need some solid examples of UK law to back up that statement.

If I purchase the hardware, I own it and may transfer ownership.
If I purchase the software, what law stops me from transfering
ownership of that?

Microsoft would say that this is not a purchase, but a contract to
license software.

The problem is that when I buy a PC from a hardware company, I have
a contract with that company and not with Microsoft. The OEM contract
between the hardware company and Microsoft has nothing to do with me.

Microsoft only comes into things when I am required to accept the
Windows License Agreement *after* purchasing the goods. The contract
has already been made when I exchange my money for the goods, and I
was not presented with the License Agreement at the time.

You can't rewrite the purchasing contract without my permission and
agreement. And clicking on "I Agree" when the alternative renders the
goods unusable for the purpose it was sold is not enough.


Also in the netbook example the purchaser can transfer the software
before installing it, before even being presented with the License
Agreement. How are they supposed to agree and abide with a License
Agreement they have not even read?


But where Microsoft do have a good case is where you purchase the
software directly from them, either as part of a Volume License
or as direct download from their website (eg Office).


I'm not a lawyer, and last seriously looked into this about 10 years
ago, but as far as I know the situation is still the same.


> Practically you *may* get away with it but the move 
> will trigger re-activation so you will need to speak to MS on the phone 
> and sweet talk them: the only excuse they ever accept for this is that 
> you had a failed motherboard which you had to replace.

It's all done by an automatic phone service now, no need to talk to
anyone. Considering that changing three bits of hardware requires you
to re-activate, it is not going to be worth Microsoft paying real
people to answer the phone when almost all the people that use it
have already paid and so do not generate any money.


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|    John Edwards   Email: john at cornerstonelinux.co.uk    |
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