[Gllug] Netbook recommendations

[Christopher Hunter]

On Wed, 2010-08-18 at 12:13 +0100, John Edwards wrote:
> 
> If I purchase the hardware, I own it and may transfer ownership.
> If I purchase the software, what law stops me from transferring
> ownership of that?

Simple.  The Microsoft EULA specifically ties the software to one set of
hardware, and you can't actually BUY it - it (and all your data) remains
the property of Microsoft!
> 
> Microsoft would say that this is not a purchase, but a contract to
> license software.

Not quite, it's a Licence to "use" the 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.

Entirely wrong.  You've paid for the junkware, and that implies that
you've acceded to their Terms and Conditions.

> 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.

Nope.  You've already been suckered by paying for the "right to use" the
software.  This has been tested in several jurisdictions, and Microsoft
have always won - they've got their T & Cs as watertight as possible,
and they can afford virtually unlimited amounts of money to fight for
this nonsense in any court!

> 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.

Unfortunately, it's just further confirmation of your agreement to their
terms!  There was a case a while ago where it was successfully argued
that removing the product from its wrapping was enough to constitute
acceptance of T & Cs!

> 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?

It's widely available on the 'net, and also appears (in truncated form)
on the outside of the wrapping.

> 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).

Nope.

> 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.

No.  This has been tested in court so many times now that it's cited as
an example in university Law Degree courses!

C.


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