[wellylug] Windows on Linux

Wood Brent pcreso at pcreso.com
Thu Oct 7 21:51:11 NZDT 2004


CAUTION: CONTAINS GENUINE EXCERPTS FROM MS EULA. MAY BE DANGEROUS TO YOUR
HEALTH.

THE READER WARRANTS THAT THE AUTHOR OF THIS MESSAGE IS NOT LIABLE FOR ANY ILL
EFFECTS UP TO AND INCLUDING DEATH IN THE NEXT 75 YEARS RESULTING FROM READING
THIS EMAIL OR FROM ANY OTHER CAUSE.


> 
> If this is the case, I can't imagine it would be enforcable.  We're
> talking about an application which funnels data across a network
> (essentially graphics and keystrokes/mouse clicks).  Requiring a
> license for this would be like requiring an additional license to sync
> your Palm or browse a web site hosted on a Windows server.  They're
> all just applications handling two-way data flow.
> 
> I find it hard to believe that even Microsoft would be that stupid.

You are too generous! (& I note you said windows SERVER- a different kettle
altogether, as a server includes client licences)

The Windows & Office OEM EULA was completely unworkable, it prohibited the use
of the product on hardware it wasn't sold with. So strictly according to the
licence, even a new keyboard invalidated the licence, as it was no longer the
same system the software was sold with. 

I believe it was partly an overreaction to cheap OEM copies of MS software
being sold with a mouse, or other nominal bit of hardware to make the sale
technically compliant with the licence, as was in vogue a few years ago with
Office 97. MS tried to tie an OEM licence to a system, see below where the
software & hardware is explicitly called a "single integrated product".

Remember Linux/UNIX were designed from day one to ensure the where of the
operator was independent of the where of the box. Windows was a _Personal
Computer_ OS, where you were only supposed to sit in front of the original
computer. Anything else had to be software piracy, or require a SERVER licence.
A very profitable approach for MS :-)

I quote:

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
"You may  ... install a copy  ... to allow other computers to use the SOFTWARE
PRODUCT over an internal network... However you must aquire and dedicate a
licence .... for each computer on which the software product is used"

"... is licenced with the COMPUTER as a single integrated product. .... may
only be used with the COMPUTER"

"you may permanently transfer all of your rights ... only as part of a sale or
transfer of the COMPUTER..."  
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

With computer systems pretty quickly resembling your grandfather's axe, it was
completely moronic.

With PC Anywhere, a few too many years ago, I was told by MSNZ to warn
customers that they were technically in breach of the EULA. I was also told
that MS was not likely to take any action in such cases, as this was not the
intent of the licence. In other words, MS believed their licence did not allow
such use, but didn't really mind too much.




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