This exercise gets more and more interesting, if not perplexing. Here I quote parts of the hard copy Single Use License that came with Panther. It reads somewhat different than an older license for the 9.2.2 Update.
"IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE." "2. Permitted License Uses and Restrictions. A. This License allows you to install and use one copy of the Apple Software on a single Apple-labled computer at a time. This License does not allow the Apple Software to exist on more than one computer at a time, and you may not make the Apple Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Apple Software (excluding the Boot ROM code) in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original." "3. Transfer. You may not rent, lease, lend, redistribute or sublicense the Apple Software. You may, however, make a one-time permanent transfer of all of your license rights to the Apple Software provided that...." Here summarizing: you transfer all of it, you do not retain any copies, and the recipient agrees to the license terms. chris <[EMAIL PROTECTED]> wrote: > >> I suppose that most of those CDs get lost, or the rightful owner keeps them >> in order to install the OS illegally on a second, third, etc Macs. For a >> second hand Mac without the OS media, one should buy a legal copy of the Mac >> OS. > > But you contradict yourself here. > > First you say that the CD gets lost or the owner keeps the CD to install > the software illegally on another Mac. So you are saying the software is > linked with the Mac it came with, and thus the license follows that mac, > regardless of if the previous owner keeps the CD or not. The license follows the software wherever it is initially installed until the software is removed. Then it can be installed on another computer. The one copy for backup is to support the computer where the software is legally installed. That's what "backup" means. If that computer breaks temporarily or permanently (you can't use it), you can use the backup copy to bring up another computer for temporary or permanent operations, as the case may be. Example: my primary computer runs Panther, my secondary computer runs OS 10.0.4. I put Panther on the secondary computer for as long as necessary. More common example: My primary boot hard drive crashes. I bring up my secondary, backup hard drive. > > But then you say if someone buys a Mac that is missing the CDs, they have > to go out and purchase a new copy of the OS, rather than just accepting a > duplicate from someone that has it already. I'm afraid so, assuming that the software represented by the license is still installed and being used. This is correct, but add that someone could buy or be given an old, Apple-manufactured copy of the OS provided that the software from that media is no longer installed on a computer. Given the terms of Transfer, how could someone just accept a "duplicate from someone that has it already"? The licensee cannot lend the original media or the backup, nor can the licensee make a third copy for the convenience of a friend. > > So what you are saying is the license gones into limbo, neither the > original owner can use it, nor the new owner. The original owner can always use it on one machine. If he sells or gives away the machine, he must convey the license with it, which includes the media provided by Apple or a backup copy. If he puts the machine into the rubbish with the software still installed because he cannot deinstall it, he is free to use the license on another machine. > > The License is NOT for the CD, the license is for the software ON the CD. > It doesn't matter how you obtain that software, if you have the license, > you can use legally use it. Generally speaking, in order to obtain said > license, you have to buy the CD "factory" fresh (ie: not a duplicate), > but there can be times that the original CD gets damaged or lost and is > no longer usable. If you have a duplicate of the CD, you are free to > install the software from that duplicate as long as you still retain the > license for said software. Agree. As you say, the software is licensed, not the media, nor the Mac. > > So then the question becomes, is the Mac OS linked to the Mac, or linked > to the purchaser of the Mac. When you sell the Mac, does the license for > the OS go with it, or does it stay with the original owner unless they > choose to pass it along. If the license goes with the Mac, then if you > buy a used Mac, you should be free to restore it to whatever the factory > configuration was. If the license stays with the original owner, then > they should be free to install the software on any other computer they > please, provided they stay within the guides of the license (can't run on > multiple computers at a time, or whatever the agreement is). Part of this is discussed above. If the license stays with the original owner, that owner must remove the software from the machine that he sells or gives away. Whenever one buys a used computer, one should insist on receiving the original or backup media for the software on that computer, unless one already has access to an unused license for the same or later version software. -- Al Poulin Anger, hate, and revenge are for the devil, forgiveness is for God, proactive self-defense is for the rest of us. -- The iMac List is sponsored by <http://lowendmac.com/> and... 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