[LUAU] Hello - My Name is Scott

[Jim Thompson]

On Mar 26, 2008, at 9:18 PM, 808blogger wrote:
> It may be presumptive of me but, in my estimation everysingle one of  
> those
> computers is likely loaded with software and included incensing  (i  
> could be
> wrong) but everybusiness ihave ever worked with buys new computers  
> with
> operating systems. So all these machines all already loaded with  
> free as in
> beer software.

Lets assume for the moment that you mean that these computers were pre- 
loaded with Windows (of various versions) when they left the factory,
and leave aside for the moment that you've neglected the problem of  
wiping the former "user data" off the machine without effecting a  
reload of
the version of the OS (and other software) present on the machine when  
it left the factory, or that the former owner/user of the machine  
might have
updated the software on the machine to something other than what was  
pre-loaded at the factory.

For reference, a copy of the Microsoft Windows XP Home Edition license  
can be found at
http://www.microsoft.com/windowsxp/home/eula.mspx

licenses may be different for different products.

One of the most basic rules of the license is you can only install it  
on to one computer. Even this, the most obvious and perhaps most fair  
rule, is broken frequently, sometimes by people who know it is  
illegal, and sometimes by people who figure "I have the disc! I can  
use it as much as I want". You may install Windows on one computer,  
and one computer only. Of course, this also raises some thorny issues.  
What, exactly, is a computer? If your computer is physically damaged,  
can you transfer the hard drive to another computer? That, at least,  
seems allowed, in Point 13 of the contract:


You may move the Software to a different Workstation Computer. After  
the transfer, you must completely remove the Software from the former  
Workstation Computer.

That example not withstanding, the Operating System is only  
installable on one computer.

You can give the software (which, of course, means a computer that the  
software has been installed on) away, once and only once. Meaning that  
if you get a new computer, you could give your computer with Windows.  
If the recipient gets a new computer, he can not give away your  
computer. Apparently, it just sits around gathering dust. Unless, of  
course, he buys a new copy of Windows for it. Oh, and if you wish to  
give a way a copy of Windows, you must include the manuals, CDs, etc  
(in Point 13 again):


This transfer must include all of the Software (including all  
component parts, the media and printed materials, any upgrades, this  
EULA, and, if applicable, the Certificate of Authenticity).


Meaning that if, for example, you gave a computer running Windows away  
to someone without including the manual, you and them are both in  
breach of contract. Another interesting issue with this is the issue  
of ownership versus possession, an issue we will be raising in a  
moment some more. Suppose you give your computer to your sister, and  
she in turn gives it to her children. If it is in her household, is  
she in violation of her EULA? What if she gives it to her children  
when they go away to college? Does the computer have to be in the same  
house as the person who has signed the contract? The contract seems to  
be unclear on the matter.

So, if Windows is so hard to give away, can you loan it out? This  
seems to be rather clearly laid out:


5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or  
provide commercial hosting services with the Software.


That is a NO there, in case you didn't catch it. This is probably a  
license feature that changes for  different versions of the operating  
system, since there are businesses running Windows for commercial  
hosting. However, there are some other questions that go with the home  
version. Presumably there are copy shops that rent out computers for  
use. Some of the larger chains, like Kinkos, may have signed a  
contract specifically for this purpose. But for all the other copy  
shops that are charging a fee so people can use their computers, they  
are in violation of their contract. So, for that matter, are all those  
Internet cafes. And, so, for that matter, are home users who let other  
people use their software. Lending out usage of Windows to anyone but  
the contract signer is expressly forbidden in this pointof the  
contract. This does raise an issue of possession vs. ownership. I do  
not know the legal definition of the term "lend" as it is used in this  
statement. It could mean giving your laptop to someone to use. Or it  
could mean that you are letting your spouse play solitaire on your  
computer.

Some of you out there may still be on solid legal ground, if you live  
alone and never let anyone ever touch your computer. The next point,  
however, pretty much catches everyone who has ever used the internet:


1.3 Device Connections. You may permit a maximum of five (5) computers  
or other electronic devices (each a "Device") to connect to the  
Workstation Computer to utilize one or more of the following services  
of the Software: File Services, Print Services, Internet Information  
Services, and remote access (including connection sharing and  
telephony services). The five connection maximum includes any indirect  
connections made through "multiplexing" or other software or hardware  
which pools or aggregates connections. This five connection maximum  
does not apply to any other uses of the Software.


In this clause, certain things are in capitals, which may suggest that  
they are being used as proper nouns. "Internet Information Services"  
could be used to refer to Microsoft's IIS software, or it could just  
mean "any information service that uses the internet". Now, one of the  
problems with this is it seems to be talking about other computers  
utilizing the computer running Windows, a statement that seems to be  
based on the Client/Server model. The problem here is, the client/ 
server model has very little actual technical meaning, let alone a  
legal meaning. For example, a Domain Name Servergives a client  
computer the ip addresses of URLs. But, switching things around, the  
client computer is giving the Domain Name Server URLs. It is serving  
information in its own way. Every minute you use the internet, you are  
contacting probably dozens of seperate computers, serving them data.  
This is perhaps not what was meant by this clause, but it is still a  
technically and legally viable formulation. In addition to that, many  
computers are serving up files, even as a home computer. A computer  
running any peer to peer program would run afoul of this.

In addition, in the license for XP professional, (which is now missing  
off of Microsoft.com, but is still on google cache:

you may not use the Product to permit any Device to use, access,  
display or run other executable software residing on the Workstation  
Computer,


Which, of course, would make it against the contract to use any  
internet application, since all of those are executables that a  
"Device" would be running on your computer. If you point your web  
browser to www.yahoo.com, the server at www.yahoo.com would be telling  
that web browser to run certain data on your computer.

Personally, I think people should be aware of the contract they are  
signing, and should also be aware  that "they never enforce stuff like  
that" is a very likely trap.