Re: Copy of Windows 98 Second Edition
We did this before, read your BS from the last time:
http://peoplescounsel.orgfree.com/ref/fedstat/copyright.htm
There is no argument you can raise that would allow the activity in which
you engage and solicit others to do.
--
MEB
a Peoples' counsel
--
_________
"98 Guy" <98@Guy.com> wrote in message news:48BF3A09.E1E6D02@Guy.com...
| MEB wrote:
|
| > The determinative action is the right to *distribute* or not,,,
| > Microsoft holds that right, you and others hold no such authority...
|
| So those that are selling Windows on E-bay are violating copyright law -
| are they not?
|
| Aren't they "distributing" it - by way of sale?
|
| > The whole ridiculous argument you raise is that because Microsoft
| > has purportedly chosen NOT to distribute 98 then you SHOULD have
| > that right...
|
| What is really the issue is the USE of Windows 98 in a way that violates
| the EULA.
|
| I might burn a copy of Windows-98 on a stack of CD's and put them in a
| closet. Does that cause harm or result in a loss of revenue for
| Microsoft?
|
| Does that violate the EULA? How would I know what the EULA is unless I
| stick one of those CD's into a computer and boot it? What if I never
| do?
|
| I might hand out each CD to a friend, and they all might throw it away
| or put it in their closet. Does that cause harm or result in a loss of
| revenue for Microsoft?
|
| The real issue is not really that CD's are copied or torrents are
| transfering copies of the CD between people.
|
| What matters is this:
|
| Are there any installations of Windows-98 where the license to use the
| software can't be traced back to a lawful sale of said licence by
| Microsoft?
|
| For example - if Microsoft sold a total of 100 million Windows-98
| licenses world-wide, but if at any given point in time there were 100
| million and 1 functioning installations of Windows-98, then it could be
| said that Microsoft has been harmed and has suffered some financial loss
| due to the 1 install that has no corresponding legal license.
|
| There may now (in 2008) be 10 million functioning installations of
| Windows 98, which means there are 90 million licenses that have become
| lost, abandoned or discarded. Microsoft can't claim harm, even today,
| unless the number of systems running Windows-98 rises to above 100
| million, or the number of copies of windows-98 being made available for
| sale (on e-bay, etc) exceeds 90 million.
|
| > yeah sure, so if the car dealer refuses to sell that *classic*
| > car, you should be able to steal it and sell or give it away...
|
| Microsoft has already sold the rights (or licences) for millions of
| individual installations of Windows-98.
|
| It's like there are millions of that "classic car". Some have owners
| who are driving them. Most are sitting around, abandond, on the street,
| in the wilderness, in the garbage dump - and you can just go and take
| them. Once a car company has sold a car to the first purchaser (which
| is usually the dealer) they have no interest in the car after that -
| like the ownership history, who buys it from who, who steals it from
| whom, etc.
|
| > Since NO ONE other than Microsoft has ever actually OWNED the
| > software, you have absolutely no authority.
|
| But someone DID purchase a license to USE the software, and that license
| is NOT time-limited and there is NO prohibition against transfer.
|
| The replication or distribution of a win-98 CD is irrelevant - I might
| use it as a coaster or frisbee.
|
| It's the installation and use of win-98 with or without a bona fide
| license (product key) - that IS the issue.
|
| Because in the end, as you say, Microsoft is selling the RIGHT to USE
| the the software. And once they sell _a_ right, that right continues to
| exist regardless who possesses it or how they came to possess it.
