-----Original Message-----
Hi

Bruce is correct in his posting. Can you provide proof
that anyone *can* install any MS OS onto more than one
PC? Has MS stipulated that any of their OSes *can* be
installed onto more than one PC?


"to be in compliance with both the EULA and copyright
laws" - Bruce Chambers

There is not one US copyright law that a person wouldn't
be "in compliance with" by installing software on more
than one computer. I stand behind the words I write,
unlike Bruce!

Circuit Judge EASTERBROOK for the United States Court of
Appeals For the Seventh Circuit wrote:

"Shrinkwrap licenses are enforceable unless their terms are
objectionable on grounds applicable to contracts in
general (for example, if they violate a rule of positive
law, or if they are unconscionable)." -
http://www.law.emory.edu/7circuit/june96/96-1139.html

How is MS EULA unconscionable? "This software is licensed
not sold." This sentence is the basis for MS's claim of
turning a shrinkwrap license, into a software license.
Unfortunately with retail software, it is sold, and there
is a receipt to prove it.

The receipt doesn't say anything about a software license,
just the NAME of the SOFTWARE. And the previous owner of
that copy of software, the retail store owner, wasn't a
licensee of that copy of software either, but the owner!
And guess what? The retail store owner was sold that copy
by the previous owner, the wholesaler. So there were at
least 2 owners of that copy of software between MS and the
guy who is sold the software.

Now MS wants people to agree that reality didn't happen at
least three times since MS originally SOLD the copy of
software. LOL! Denying reality happened three times!
Sounds unconscionable to me!

People own every single retail product they buy, and there
is no legal precedent that says anything to the contrary!
That is the legal status quo at the present!

Oh, and one more thing, your TV came with a shrinkwrap
license too! Would you believe it if the TV's shrinkwrap
license said that TV wasn't sold?!

What law does MS's EULA violate?

Title 17, Chapter 1, Section 117. - Limitations on
exclusive rights: Computer programs

(a) Making of Additional Copy or Adaptation by Owner of
Copy. - Notwithstanding the provisions of section 106, it
is not an infringement for the owner of a copy of a
computer program to make or authorize the making of
another copy or adaptation of that computer program
provided:

(1) that such a new copy or adaptation is created as an
essential step in the utilization of the computer program
in conjunction with a machine and that it is used in no
other manner, or

(2) that such new copy or adaptation is for archival
purposes only and that all archival copies are destroyed
in the event that continued possession of the computer
program should cease to be rightful.

The following is a translation of Section 117 (a) from the
legalese using MS's own definitions:

Title 17 Chapter 1 Section 117. - Limitations on the
exclusive rights of Copyright Owners: Computer programs

(a) Making of Additional Installation by the Owner of a
Copy of Software. - It is not infringement for the owner
of a copy of software to make another installation
provided:

(1) that such a new installation is made as a necessary
step in making use of the software together with a
previously unknown computer and that it is used in no
other manner, or

"(2) that such new copy or adaptation is for archival
purposes only and that all archival copies are destroyed
in the event that continued possession of the computer
program should cease to be rightful"

Installation -
http://encarta.msn.com/encnet/featur...nary/Dictionar
yResults.aspx?search=adaptation

made -
http://encarta.msn.com/encnet/featur...nary/Dictionar
yResults.aspx?search=created

necessary -
http://encarta.msn.com/encnet/featur...nary/Dictionar
yResults.aspx?search=essential

making use -
http://encarta.msn.com/encnet/featur...nary/Dictionar
yResults.aspx?search=utilize

together with -
http://encarta.msn.com/encnet/featur...nary/Dictionar
yResults.aspx?search=conjunction

a previously unknown -
http://encarta.msn.com/encnet/featur...nary/Dictionar
yResults.aspx?refid=1861582871

or -
http://encarta.msn.com/encnet/featur...nary/Dictionar
yResults.aspx?search=or

What words mean does matter! Only a total buffoon would
even try to argue otherwise!

MS has yet to prove they have the right to enforce their
One Computer nonsense in the privacy of any individual's
home in a real court of law. Why? Because a majority of
the Supreme Court agreed that "Any individual may
reproduce a copyrighted work for a"fair use"; the
copyright owner does not possess the exclusive right to
such a use." - http://laws.findlaw.com/us/464/417.html

Until there is some definitive legal precedent that clears
this all up, one way or another, shouldn't each individual
decide for themselves what they can and can not do with
the retail software that was legally SOLD to them by the
previous owner of that software?!

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.kurttrail.com
"Trustworthy Computing" is only another example of an
Oxymoron!
"Produkt-Aktivierung macht frei!"