At 12:44 21/04/02 +1000, Malcolm V wrote:
>On Fri, 2002-04-19 at 15:44, Zhasper wrote:
> > You seem to have missed this paragraph:
> >
> > If you feel it is in the best interest of your school to accept the
> > donated PCs, make sure that the hardware donation includes the original
> > operating system software. Keeping the operating system with the PC is not
> > just a great benefit - it is a legal requirement.
>
>Nope, I saw this paragraph. In the world of M'soft, you're meant to
>automatically translate OS to Windows, if you do that on the above, my
>original comments stand.
>
>If people want to take legal advice from a software vendor, more fool
>them.

Quite simply, Microscum are on non-existant legal ground here - they will 
no doubt try to bully schools / NFPO's into NOT accepting these, making 
threats of legal action that can never occur, but being intimidating about 
it none the less..

The legal position is; If I buy a PC with Windows pre-installed (with 
licence, cd, etc), I can give that PC away to whomever I choose WITHOUT 
WINDOWS included. I cannot use THAT Windows licence on any other hardware. 
So if you give a PC away, destroy the Windows licence / CD, and you are 
legally in the clear.

Use that licence on another PC and they've got you by the short and curlies 
- but they CANNOT stop you from giving away, buying or selling a PC with no OS.

They will use scare tactics, like "no support from the hardeware vendor", 
and "everyone uses Windows, do you want to be the only one out ?"...

Screw 'em, I say.

jon

P.S. As a former Lawyer (I saw the light !!), I have to say that this is my 
opinion only, and should not be considered as legal advice. I am attempting 
to get someone eho is experienced in Intellectual Property law to express 
OFFICIALLY an opinion on this for free (!!) - if it ever comes off, I will 
post it here for all.

-- 
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