Velocity Reviews - Computer Hardware Reviews

Velocity Reviews > Newsgroups > Computing > NZ Computing > Windows licencing

Reply
Thread Tools

Windows licencing

 
 
peterwn
Guest
Posts: n/a
 
      01-20-2011
On Jan 20, 1:02*pm, Allistar <(E-Mail Removed)> wrote:
> peterwn wrote:
> > On Jan 18, 11:50 pm, EMB <(E-Mail Removed)> wrote:
> >> On 18/01/2011 11:44 p.m., Lawrence D'Oliveiro wrote:

>
> >> > In message
> >> > <(E-Mail Removed)>,
> >> > Nathan Mercer wrote:

>
> >> >> "You'll have no worries about piracy selling a machine with this
> >> >> sticker attached, as long as the licence is for the current version of
> >> >> Windows installed. "

>
> >> > But thatís not the criterion the BSA accepts. They demand the software
> >> > be listed on an itemized invoice, with the current owner named as the
> >> > purchaser.

>
> >> Cite?

>
> > Sorry, I cannot remember where I saw it, but in USA, BSA has been
> > requiring to see such invoices. If such invoices are not forthcoming I
> > understand they try and extract a hefty penalty from the alleged
> > 'offender' under threat of dragging the offender's arse through the
> > courts at enormous expense.

>
> > The BSA presumably would try and persuade the court to accept a
> > 'presumption' that it is for the user to show that the software use is
> > 'lawful'. They would probably get away with it, especially if the case
> > is heard in a 'rocket docket' court circuit.

>
> > NZ courts are likely to give the BSA short shift on this.

>
> What gives the BSA the right to enter your premises in the first place?


For bulk licences where a formal contract is executed, one of the
conditions agreed to is entry to customers' premises to conduct
audits. In my opinion 'ticking the box' with respect to retail
shrinkwrap versions' is not sufficient to 'enliven' an entry clause
since this would fall foul of Lord Denning's 'ratio' requiring clauses
of this sort of thing to be very formally agreed to.

It is worth noting that anyone contemplating a lawsuit can seek a
court order to search the other party's premises if the judge can be
convinced that key evidence (eg copies of pirated software) weould be
removed or destroyed. This includes dwellinghouses. The judge lays
down strict conditions such as a court appointed lawyer to supervise
the search.There was such a search in Auckland several years ago
concerning trade secrets and the searchers hit paydirt in a big way.

 
Reply With Quote
 
 
 
 
Sweetpea
Guest
Posts: n/a
 
      01-20-2011
On Thu, 20 Jan 2011 20:19:05 +1300, EMB wrote:

> Without a cite your statement is nothing but FUD - especially as what
> you are claiming directly contradicts the Microsoft EULA.


The Microsoft "EULA" has no power if you were not in a position to read
and agree to it prior to purchasing the computer.


--
"Filtering the Internet is like trying to boil the ocean"
 
Reply With Quote
 
 
 
 
Richard
Guest
Posts: n/a
 
      01-21-2011
On 20/01/2011 1:02 p.m., Allistar wrote:
> peterwn wrote:
>
>> NZ courts are likely to give the BSA short shift on this.

>
> What gives the BSA the right to enter your premises in the first place?


Entering into a volume license agreement with any of their member vendors.
 
Reply With Quote
 
Richard
Guest
Posts: n/a
 
      01-21-2011
On 19/01/2011 11:53 p.m., Sweetpea wrote:
> On Tue, 18 Jan 2011 01:28:04 -0800, Nathan Mercer wrote:
>
>> the way I read that article it doesn't say you cannot sell a PC with or
>> without Windows, just that it has to include the original license if
>> you're selling it including Windows OS

>
> Given that most OEM MS Windows boxen don't come with original
> installation media, and the license is a sticker that is nigh on
> indestructibly attached to an essential part of the PC, it is difficult
> to see how a MS Windows box can't be sold second-hand without the license
> being attached.


Sticker may be well attached, but the letters soon become illegible when
on the underside of a laptop.
 
Reply With Quote
 
~misfit~
Guest
Posts: n/a
 
      01-23-2011
Somewhere on teh intarwebs EMB wrote:
> On 22/01/2011 4:17 p.m., ~misfit~ wrote:
>>
>> Here's a very telling pic from a Trademe auction for a "parts kit"
>> (stripped-down non-working laptop) that I won recently. Note the
>> hair-dryer at the left of the picture? I wasn't surprised to see
>> that the Windows COA was gone from the bottom of the laptop (very
>> cleanly from what I could tell) when I got it.

>
> I didn't even have to look at the picture to be certain who the
> seller was.


Heh! I knew that you'd know. :-/

The only reason that I have that pic is because it was listed wrongly and I
had to save the pic of the BIOS screen and magnify it to try to find the
type number, and so what model it was. (He never answers questions on his
auctions.)

Cheers,
--
Shaun.

"He who fights with monsters might take care lest he thereby become a
monster. And if you gaze for long into an abyss, the abyss gazes also
into you." Friedrich Wilhelm Nietzsche


 
Reply With Quote
 
 
 
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
PIX licencing question Rob Cisco 3 03-29-2006 09:40 PM
Windows licencing agreement query Jim Computer Support 9 09-17-2005 01:11 AM
Licencing and TS KarlInTheNHS MCSE 3 11-21-2003 07:31 PM
Academic vs Pro Licencing Comet ASP .Net 13 11-18-2003 01:44 PM
Re: Licencing Perl apps with Flexlm easylm Perl 1 07-08-2003 12:35 PM



Advertisments