Scott Waller <[email protected]> writes:
> db wrote:
>> Why don't you just use the xp license as per the downgrade from windows
>> vista?
>> .....(which you said came with the dell laptop).
Also breaks the licence agreement, IIRC, since that stipulates the same
restrictions as the original OEM install, but check your specific vendor just
in case.
> The bastards at Dell tie the key into the bios, so the downgrade Vista key
> needs to directly access the bios to check it's OK. So when in a VM there
> is no connection back.
>
> Why hasn't the ACCC nailed the people yet??
Because there is competition in operating systems: you have absolutely no
obligation to accept the Windows license, and can see to purchase a computer
from a competing vendor.
In other countries, last time this was pushed, Apple were the alternate
vendor, although IIRC Sun also qualified.
Also, because this is not substantially different from the mobile phone
market, in which vendors subsidise hardware in return for long term contracts;
in the PC case this is more or less the reverse — the Windows software is
subsidised by the hardware manufacturer and upstream developer.
Finally, it isn't remotely clear that the law supports these technical
measures; the "license" terms on software routinely get tossed out in favor of
things like the doctrine of first sale in various courts.
It just happens that, like the validity of the GPL "release source" bits,
people don't actually run through to the conclusion of the case, they tend to
settle.
Until they do no one, not even Microsoft, know if they are actually legally
able to enforce that contract — but they can make sure the first person to
challenge it has to spend millions to find out. So, no one does.
Gotta love the law, eh?
Daniel
Personally, I think the best thing y'all can do to eliminate these licenses,
and to encourage alternatives, is to demand that people strictly obey them.
That way they will become aware of just how completely crazy they are, and
pressure will actually build up to change them. :)
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