[ale] Finding desktops, laptops and hardware in Atlanat

[Jeff Hubbs]

Nope, not if you take a shop like Micro Seconds to not be an "end user," 
as I feel free to do because Micro Seconds is not participating in 
anything that could be construed as "end use."  The EULA language does 
not speak of all "parties" being equal.  If Microsoft were going to stop 
anything, they'd need different EULA language, which they were certainly 
free to do, seeing as they were the EULA author.  Specifically, they 
should say "The initial user of the Software may make a one-time 
permanent transfer of this EULA and Software to another *party*" 
(emphasis mine).  Strictly speaking, Micro Seconds isn't even a party to 
the transfer; they're acting as the agent of the seller in transferring 
the license to the buyer.

Geoffrey wrote:

>Jeff Hubbs wrote:
>  
>
>>>EULA for retail version of XP, from M$ website:
>>>
>>>13. SOFTWARE TRANSFER. Internal. You may move the Software to a 
>>>different Workstation Computer. After the transfer, you must completely 
>>>remove the Software from the former Workstation Computer. Transfer to 
>>>Third Party. The initial user of the Software may make a one-time 
>>>permanent transfer of this EULA and Software to another end user, 
>>>provided the initial user retains no copies of the Software. 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). The transfer may not be an 
>>>indirect transfer, such as a consignment. Prior to the transfer, the end 
>>>user receiving the Software must agree to all the EULA terms.
>>>
>>>http://www.microsoft.com/windowsxp/home/eula.mspx
>>>
>>>Can't seem to locate a version of the OEM EULA right now...
>>>
>>>      
>>>
>>The way I read this, If you sell a computer with this OS that you bought 
>>for it to Micro Seconds (and you have to provide all the disks and 
>>printed materials), the transfer clock doesn't tick until Micro Seconds 
>>sells it (assuming that Micro Seconds is not an "end user" as defined in 
>>the EULA).  Micro Seconds has to sell it with the disks and printed 
>>materials.  From that point on, the license goes with the new buyer but 
>>dies with him too; no more transfers are authorized under the EULA.
>>    
>>
>
>No, the third party is the person you transfer the software to, in this 
>case, Micro Seconds.  That person, according to the license can not 
>transfer it.  The first party is M$, you are the 2nd party, and Micro 
>Seconds would be the third party.
>
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>>The problem with this in practice is that when Micro Seconds, Goodwill, 
>>etc., accepts a computer, how do they know if the license is still in 
>>force?  They can't - unless MS has some sort of phone-home database that 
>>keeps track of all licenses and license holders.
>>    
>>
>
>This is why the license reads the way it does.  The 2nd party, that is 
>the person who bought it from M$ knows.  The 3rd party Micro Seconds is 
>stuck with it.
>
>This is the way that M$ tries to stop folks like Micro Seconds from 
>selling used systems with used OS's.  People are expected to put more 
>money into the bottomless hole called M$.
>
>  
>
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