David Schwartz wrote:
>>David Schwartz <[EMAIL PROTECTED]> wrote: If you buy a >>W*nd*ws install CD, you can create a derived work, e.g. an >>image of your installation, under the fair use rights >>(IANAL). Can you distribute that image freely? >> > > I would say that if not for the EULA, you could >transfer ownership of the image to someone else. And if you >legally acquired two copies of Windows, you could install >both of them and transfer them. Otherwise, you could not sell >a machine with the Windows OS installed unless you were a >Microsoft OEM. Does Microsoft take the position that if you >want to sell your PC, you must wipe the OS? Not that I know >of. > > DS
If you will keep your copy and registration # of windows, yes, you *must* wipe out the machine before selling it.
The point is moot, anyway, because the image is *not* a derivative work: It is a copy of the work, made by automated and automatable processes. It's not a creation of the spirit. So, no, when you get a WinXP CD from Microsoft, you have absolutely *no* rights to create derivative works. If a person creates a derivative work, even if it does not distribute it, it would be infringing on MS's copyrights and I would not want to be in said person's shoes, if someone in the legal department of MS wakes up in the wrong side of the bed.
HTH, Massa
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