On Mon, 27 Mar 2006 16:50:23 +1100
Howard Lowndes <[EMAIL PROTECTED]> wrote:

> 
> 
> Alan L Tyree wrote:
> > On Mon, 27 Mar 2006 15:49:32 +1100
> > Howard Lowndes <[EMAIL PROTECTED]> wrote:
> > 
> > 
> >>
> >>Alan L Tyree wrote:
> >>
> >>>On Mon, 27 Mar 2006 13:19:12 +1100
> >>>Alan L Tyree <[EMAIL PROTECTED]> wrote:
> >>>
> >>>
> >>>
> >>>>On Mon, 27 Mar 2006 12:48:45 +1100
> >>>>Howard Lowndes <[EMAIL PROTECTED]> wrote:
> >>>>
> >>>>
> >>>>
> >>>>>Peter Hardy wrote:
> >>>>>
> >>>>>
> >>>>>>On Mon, 2006-03-27 at 11:48 +1100, Peter Hardy wrote:
> >>>>>>
> >>>>>>
> >>>>>>
> >>>>>>>I need something able to run Windows XP Pro (that's the only
> >>>>>>>current Windows licence I have).
> >>>>>>
> >>>>>>
> >>>>>>As an aside, I've been wondering about the legalities of this.
> >>>>>>
> >>>>>>My laptop dual-boots Windows XP and Linux. I'm planning on using
> >>>>>>the same licence for the native XP install, and the virtual one
> >>>>>>under Linux. Gut feeling tells me that should be perfectly OK.
> >>>>>>Although I'm not sure if I'll have any sort of activation
> >>>>>>issues, or MS lawyers knocking on my door.
> >>>>>
> >>>>>I think if you read the EULA very carefully that you will be in
> >>>>>breach of the licence, and if you have activated it as native
> >>>>>then you almost certainly won't be able to activate it again
> >>>>>because the reported config will be different; but then IANAME
> >>>>>(I am not a Microsoft expert)
> >>>>
> >>>>Neither am I. And I have not looked at the EULA for a long time,
> >>>>but the last time I did it seemed to be tied to the machine
> >>>>rather than to the way that it was invoked. I really hope that I
> >>>>don't need to look at it for another very, very, very long time.
> >>>
> >>>
> >>>OK, against my better judgment I just had a look at the Windows 98
> >>>EULA. The licence is to install it on one computer, but there are
> >>>no stated restrictions on how that installation might be done. So,
> >>>my quick opinion (with no warranties at all - see below :-)) is
> >>>that it can be installed under qemu provided that the software
> >>>came with, or was purchased for, the machine in question.
> >>
> >>Is that the EULA that is with the product CDs or is it the current
> >>EULA?
> > 
> > 
> > The EULA that is in my licenced copy of W98.
> 
> ...which is not necessarily the current EULA for that product.
> 
> > 
> > 
> >>>Also interesting that the warranties (such as they are) are limited
> >>>to 90 days in those jurisdictions which permit such limitation. Not
> >>>exactly a roaring vote of confidence in the product, is it?
> >>
> >>None whatsoever as the warranty only covers the distribution media 
> >>itself not the software written to it after it has been installed.
> > 
> > 
> > There are some really interesting questions about the application of
> > statutory warranties under the Free Trading Acts and/or the Trade
> > Practices Act. 
> 
> ...you could also go on about "merchantable quality", but the
> argument is that M$ don't sell you the software, they only sell you
> the distribution media; they licence you to use the software, under
> their variable terms, in return for a one time fee.   I find it hard
> to believe that ACCC have not looked at this very closely in
> relation  to TPA.

I hope you are right. But the beauty of the TPA formulation is that it
doesn't need to be a "sale", only a "supply" and the interpretation of
"supply" has been pretty broad. I was thinking more of the "fitness for
purpose" since you need to buy a whole lot of other software to allow
you to connect safely to the Internet.


> 
> > 
> > 
> >>>
> >>>>>-- 
> >>>>>Howard.
> >>>>>LANNet Computing Associates - Your Linux people
> >>>>><http://lannetlinux.com> When you want a computer system that
> >>>>>works, just choose Linux; When you want a computer system that
> >>>>>works, just, choose Microsoft. -- 
> >>>>>Flatter government, not fatter government; abolish the Australian
> >>>>>states.
> >>>>>
> >>>>>-- 
> >>>>>SLUG - Sydney Linux User's Group Mailing List -
> >>>>>http://slug.org.au/ Subscription info and FAQs:
> >>>>>http://slug.org.au/faq/mailinglists.html
> >>>>>
> >>>>
> >>>>
> >>>>-- 
> >>>>Alan L Tyree                    http://www2.austlii.edu.au/~alan
> >>>>Tel: +61 2 4782 2670            Mobile: +61 428 148 071
> >>>>Fax: +61 2 4782 7092            FWD: 615662
> >>>>-- 
> >>>>SLUG - Sydney Linux User's Group Mailing List -
> >>>>http://slug.org.au/ Subscription info and FAQs:
> >>>>http://slug.org.au/faq/mailinglists.html
> >>>>
> >>>
> >>>
> >>>
> >>-- 
> >>Howard.
> >>LANNet Computing Associates - Your Linux people
> >><http://lannetlinux.com> When you want a computer system that works,
> >>just choose Linux; When you want a computer system that works, just,
> >>choose Microsoft. -- 
> >>Flatter government, not fatter government; abolish the Australian
> >>states.
> >>
> >>-- 
> >>SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/
> >>Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html
> >>
> > 
> > 
> > 
> 
> -- 
> Howard.
> LANNet Computing Associates - Your Linux people
> <http://lannetlinux.com> When you want a computer system that works,
> just choose Linux; When you want a computer system that works, just,
> choose Microsoft. -- 
> Flatter government, not fatter government; abolish the Australian
> states.
> 
> -- 
> SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/
> Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html
> 


-- 
Alan L Tyree                    http://www2.austlii.edu.au/~alan
Tel: +61 2 4782 2670            Mobile: +61 428 148 071
Fax: +61 2 4782 7092            FWD: 615662
-- 
SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/
Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html

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