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Dimdows OEM Licence Piracy

 
 
Lawrence D'Oliveiro
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      11-11-2009
In message <hddq2f$gfj$(E-Mail Removed)-september.org>, victor wrote:

> Lawrence D'Oliveiro wrote:
>
>> 2. Authorized Distribution and Acceptance. To distribute the Software
>> or Hardware in this Pack, you must be a System Builder and accept
>> this license. “System Builder” means an original equipment
>> manufacturer, an assembler, a refurbisher, or a software
>> pre-installer that sells the Computer System(s) to a third party.
>> You accept this license when you open this Pack. If you choose not
>> to accept this license, promptly return the unopened Pack to your
>> distributor. You may only distribute unopened Packs within your
>> territory. ... Individual Hardware or Software units may not be
>> returned after the Pack is opened.
>> ...
>> 4. Limited License. If you comply with the terms of this license,
>> Microsoft grants you a limited license to distribute the Software or
>> Hardware. Except as granted in this license, you may not use, run,
>> copy, modify, display, distribute, repackage or reassemble the
>> Software, Hardware, OPK or any part of them.
>> ...
>> 5. Distribution.
>> a. Software Preinstallation.
>> i. For each unit of Software in the Pack, you must pre-install
>> one copy of the Software on a Customer System prior to
>> distribution. If the Software includes more than one language
>> version, you must install only one language version.
>> ii. For such pre-installation, you must use the OPK provided in
>> the pack or otherwise made available by us. You may use the
>> information, tools and materials contained in the OPK solely
>> to preinstall the Software in accordance with the OPK. ...
>> You may not distribute the OPK to the end user.
>> ...
>> b. End User License Terms. You must distribute the Software
>> pursuant to the end user license terms (“License Terms”) that
>> accompany it. Under the License Terms, you are the licensor.

>
>
> You took three words out of context.
>
> "You must distribute the Software pursuant to the end user license terms
> (“License Terms”) that accompany it. Under the License Terms, you are
> the licensor."
>
> The license sets out the conditions under which the installer may
> distribute the pre-install, it does not prohibit the installer from
> activating it and registering it themselves


Note the part in 5b where it says “you must distribute”. Further note part 4
which grants you the “license to distribute”, and further says “except as
granted in this license ... you may not use ... the Software”. And nowhere
else in the licence does it say you can use the software for your own
purposes. QED.
 
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Lawrence D'Oliveiro
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Posts: n/a
 
      11-11-2009
In message <hddp9o$9v5$(E-Mail Removed)-september.org>, victor wrote:

> You need to read it again.
> All it does is define how you distribute the pre-installed copy to a
> third party, it does not say you may not activate it and use yourself.


Note the part in 5b where it says “you must distribute”. Further note part 4
which grants you the “license to distribute”, and further says “except as
granted in this license ... you may not use ... the Software”. And nowhere
else in the licence does it say you can use the software for your own
purposes. QED.
 
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EMB
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      11-11-2009
Lawrence D'Oliveiro wrote:

>
> Note the part in 5b where it says “you must distribute”.


Note that you seem to be deliberately misinterpreting the statement. If
I say that "You must beat your children in accordance with Section 59",
I am not saying that you *must* beat your children, I'm saying that *if*
you decide to beat your children there is a law to be followed. Capiche?
 
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Lawrence D'Oliveiro
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Posts: n/a
 
      11-12-2009
In message <hdf0u1$tr3$(E-Mail Removed)>, EMB wrote:

> Lawrence D'Oliveiro wrote:
>>
>> Note the part in 5b where it says “you must distribute”.

>
> Note that you seem to be deliberately misinterpreting the statement. If
> I say that "You must beat your children in accordance with Section 59",
> I am not saying that you *must* beat your children, I'm saying that *if*
> you decide to beat your children there is a law to be followed. Capiche?


No.
 
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k9nick
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Posts: n/a
 
      11-12-2009
On 5 Nov, 21:31, Lawrence D'Oliveiro <l...@geek-
central.gen.new_zealand> wrote:
> Note that you CANNOT buy an OEM copy of Windows for installation on a PC
> yourself <http://blogs.zdnet.com/Bott/?p=1514&page=2&tag=col1;post-1514>.
> Such a copy MUST be preinstalled for the customer by a System Builder
> using the OEM Preinstallation Kit and then resold to a non-related third
> party


since when have you lot been worried ab out software licences. Most
of the stuff in here is pirated anyway. You know who you are. heh heh
 
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bAZZ
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Posts: n/a
 
      11-16-2009
In article <hdctgu$7h2$(E-Mail Removed)>, ldo@geek-
central.gen.new_zealand says...
>
> In message <hd50kf$rth$(E-Mail Removed)-september.org>, victor wrote:
>
> > Lawrence D'Oliveiro wrote:
> >
> >> 2. Authorized Distribution and Acceptance. To distribute the Software
> >> or Hardware in this Pack, you must be a System Builder and accept
> >> this license. ?System Builder? means an original equipment
> >> manufacturer, an assembler, a refurbisher, or a software
> >> pre-installer that sells the Computer System(s) to a third party.
> >> You accept this license when you open this Pack. If you choose not
> >> to accept this license, promptly return the unopened Pack to your
> >> distributor. You may only distribute unopened Packs within your
> >> territory. ... Individual Hardware or Software units may not be
> >> returned after the Pack is opened.
> >> ...
> >> 4. Limited License. If you comply with the terms of this license,
> >> Microsoft grants you a limited license to distribute the Software or
> >> Hardware. Except as granted in this license, you may not use, run,
> >> copy, modify, display, distribute, repackage or reassemble the
> >> Software, Hardware, OPK or any part of them.
> >> ...
> >> 5. Distribution.
> >> a. Software Preinstallation.
> >> i. For each unit of Software in the Pack, you must pre-install
> >> one copy of the Software on a Customer System prior to
> >> distribution. If the Software includes more than one language
> >> version, you must install only one language version.
> >> ii. For such pre-installation, you must use the OPK provided in
> >> the pack or otherwise made available by us. You may use the
> >> information, tools and materials contained in the OPK solely
> >> to preinstall the Software in accordance with the OPK. ...
> >> You may not distribute the OPK to the end user.
> >> ...
> >> b. End User License Terms. You must distribute the Software
> >> pursuant to the end user license terms (?License Terms?) that
> >> accompany it. Under the License Terms, you are the licensor.

> >
> > They have specified that they allow distribution to a third party when
> > the conditions of the license are met, not that they deny the installer
> > the right to activate and use the pre-installed software themselves.

>
> Yes they do. It's all spelled out above: note the part in 5b where it says
> ?you must distribute?. Further note part 4 which grants you the ?license to
> distribute?, and further says ?except as granted in this license ... you may
> not use ... the Software?. And nowhere else in the licence does it say you
> can use the software for your own purposes. QED.
>
> > You are the one making the legal threats which you can't back up.

>



Oh Dear, for once it would seem I have to agree with Larry or rather it
seems that it appears others far more reputable agree.

http://blogs.zdnet.com/Bott/?p=1561&tag=nl.e539

Bazz
 
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Lawrence D'Oliveiro
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      11-16-2009
In message <hcu2he$guj$(E-Mail Removed)>, Lawrence D'Oliveiro wrote:

> Note that you CANNOT buy an OEM copy of Windows for installation on a PC
> yourself <http://blogs.zdnet.com/Bott/?p=1514&page=2&tag=col1;post-1514>.
> Such a copy MUST be preinstalled for the customer by a “System Builder”
> using the OEM Preinstallation Kit “and then resold to a non-related third
> party”.


More info on this <http://blogs.zdnet.com/Bott/?p=1561>: Microsoft has been
removing all mention from its Web pages of previous permissions to buyers of
OEM licences to install them for their own use. Yet it appears its own forum
moderators and other representatives still think it’s OK to do this.
 
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victor
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Posts: n/a
 
      11-17-2009
Lawrence D'Oliveiro wrote:
> In message <hcu2he$guj$(E-Mail Removed)>, Lawrence D'Oliveiro wrote:
>
>> Note that you CANNOT buy an OEM copy of Windows for installation on a PC
>> yourself <http://blogs.zdnet.com/Bott/?p=1514&page=2&tag=col1;post-1514>.
>> Such a copy MUST be preinstalled for the customer by a “System Builder”
>> using the OEM Preinstallation Kit “and then resold to a non-related third
>> party”.

>
> More info on this <http://blogs.zdnet.com/Bott/?p=1561>: Microsoft has been
> removing all mention from its Web pages of previous permissions to buyers of
> OEM licences to install them for their own use. Yet it appears its own forum
> moderators and other representatives still think it’s OK to do this.


No mention of piracy, and the blog author enthusiastically recommends
using the OEM version.
Any ambiguity is of Microsofts own making.
 
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