RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-13 Thread Bodo Eggert 
On Tue, 12 Apr 2005, David Schwartz wrote:

The EULA is irrelevant in germany and in many parts of the USA.
 
 Really? I was under the impression EULA's were routinely
   upheld in the USA.
   If you have any references for that, I'd love to hear them.
 
  http://www.freibrunlaw.com/articles/articl22.htm
 
   This wasn't a copyright case. The court only refused to uphold the
 agreement because there was no oppurtunity to review the agreement before
 purchase. So it certainly wouldn't apply to a click-through type agreement.

So you can review click-through-licenses before buying the product?

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RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Bodo Eggert 
On Tue, 12 Apr 2005, David Schwartz 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.

The EULA is irrelevant in germany and in many parts of the USA.

 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.

Then it would be stupid to become a OEM. Just buy one CD and install it on 
each computer you sell, combined with a pre-installed ghost.

 Does Microsoft take the position that if you want to sell your PC, you
 must wipe the OS? Not that I know of.

They say it's forbidden do pass even the boot loader you put on disks, 
they just won't sue you for just the boot loader.
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