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  • From: "Greg Brown" <gwbrown1 AT gmail.com>
  • To: "Internetworkers: http://www.ibiblio.org/internetworkers/" <internetworkers AT lists.ibiblio.org>
  • Subject: Re: [internetworkers] i know that it's not strictly legal
  • Date: Fri, 9 Jan 2009 14:03:48 -0500

It may not longer be a violation but this is what got Ernie Ball in trouble (and what made his company an early adoption of 100% FOSS.  I wonder if his company still is.. but that's another story).  Granted, this all went down back in 2000.  The EULA may well have been changed by now.

Ernie's explanation of what went "wrong" at his company:

"We pass our old computers down. The guys in engineering need a new PC, so they get one and we pass theirs on to somebody doing clerical work. Well, if you don't wipe the hard drive on that PC, that's a violation. Even if they can tell a piece of software isn't being used, it's still a violation if it's on that hard drive."

http://news.cnet.com/2008-1082_3-5065859.html?tag=lh

On Fri, Jan 9, 2009 at 1:46 PM, Mark Turner <jmarkturner AT gmail.com> wrote:
I disagree. IANAL, but I don't know anyone who's been thrown in jail due
to an EULA violation.

See the Right of First Sale:
http://en.wikipedia.org/wiki/First-sale_doctrine

--
Mark Turner
www.markturner.net

Greg Brown wrote:
> It isn't legal (per the EULA) to transfer ownership of a XP license even
> if that license is no longer used by the original purchaser.  Last time
> I checked, that is.
>
> Greg
>
> On Fri, Jan 9, 2009 at 12:40 PM, <Childers.Paula AT epamail.epa.gov
> <mailto:Childers.Paula AT epamail.epa.gov>> wrote:
>
>     Why isn't it legal? I thought M$ had been forced by the suckiousness of
>     Vista into still offering XP, as downgrade or whatever, so as long as
>     its a valid license and not a pirate, I would assume it's legal. Can
>     someone enlighten me as needed?
>
>     Paula
>
>
>     internetworkers-bounces AT lists.ibiblio.org
>     <mailto:internetworkers-bounces AT lists.ibiblio.org> wrote on
>     01/09/2009 12:35:17
>     PM:
>
>      > but i need two windows XP licenses.
>      >
>      > does anyone have two that they are truly no longer using?
>      >
>      > thanks,
>      > stan
>      >
>
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