From: David Goldman (dgoldman_at_best.com)
Date: Sun Apr 11 1999 - 20:49:43 EDT
At 03:31 PM 4/11/99 , Barry Marks wrote:
>W95 OSR2 supports FAT32 and the original doesn't.
>The only way OSR2 was sold was as an OEM version.
>If it came on your computer in the last 2 or 3
>years it would be OSR2. If you bought the W95
>package in the store it's the original version.
>
>A way around this is to go to a small computer
>store that will sell you an OEM version. A lot of
>them have them for sale for a fraction of the
>package in the larger stores.
>
>This isn't allowed by the license but it's
>commonly done and I personally can't see a thing
>wrong with it. It's not piracy.
Barry:
I don't quite know what to say here. It depends on your definition
of the word "piracy" with regard to computer software and licenses,
but if selling something in direct violation of the software license
isn't piracy, it certainly can't be "100% OK" either.
You will find that when you purchased a new machine with W95 OSR2
pre-installed on it, *IF* you bother to read the license information
that you agreed to, the W95 isn't licensed to you for your use in
whatever way you think is alright. In fact, it isn't licensed to you
at all. The Windows 95 OSR2 (and probably all of the other bundled
software pre-installed on that system) is licensed to that PHYSICAL
HARDWARE SYSTEM! In other words, according to the license that you
agreed to when purchasing the system and not returning it upon reading
the license agreement, the (bundled) software may only LEGALLY be used
on that physical system. If you sell the system, you may not keep the
software for use on another system. Hell! Even if you keep the system
and remove all the bundled software from that system, you may not
legally install that software on another system.
As far as buying a copy of the OEM W95 OSR2 software from a 'small
computer store', that is in direct violation of the dealer agreement
they signed when they purchased the PC hardware/software bundle and
is against the license agreement that you agreed to buy making the
purchase! It really doesn't matter if the practice is common or not.
As one who makes his living by creating, selling and supporting
custom software, I have to say that whether or not you can see
anything wrong with doing something doesn't mean squat in a court
of law. What if you "personally can't see a thing wrong" with
selling narcotic drugs to eight year old kids or killing people
with a gun because they don't have the same color skin or believe
in a different religion? Does that mean it should be legal? Hah!
You have all the morals of a snake oil salesman, Barry.
It's time for you to either step up and be an upstanding, moral
person or to declare loudly "I'm a software pirate and proud of
it". The choice is yours, Berry. Are you planning on raising kids
and telling them "It's OK to sign contracts and make promised that
you don't intend to honor"? I can just see it now... Barry purchases
a brand new, $45,000 car and takes it back to the dealer because of
a defective transmission:
Barry: Hi! I'd like the transmission on my new car repaired under
warranty. I've only got 300 miles on it, but it burns a
quart of transmission fluid every 50 miles.
Dealer: Sure. I can see where you'd think that we'd do something
about that, but see, our owner doesn't believe in honoring
contracts and stuff. So we've chosen to void your warranty
'cause (snicker, snicker) the owner doesn't personally see
anything wrong with that.
Barry: Oh! (ha, ha) That's a good one. I guess I'm just out of luck here.
But I want you to know that I understand completely. If you don't
see anything wrong with not honoring your promises then I guess
I can't fault you for that. Here, let me give you $1500 for the
repair and by the way, my wife and son each want appointments to
come by and purchase new cars for themselves. Is that ok?
Barry, I have a suggestion for you. Either grow-up and realize that what
you are doing is harming somebody else or get off this list and start to
lurk in the *.warez newsgroups.
P.S. If anybody feels that I'm out of line here, just say the word. I'll
be more than happy to unsubscribe and never bother you again.
-- /=================================================================\ | David Goldman | My business motto is: | | IVR_at_DGoldman.Com | Choose any two: [ ] Fast | | | [ ] Cheap | | Ask me for my PGP key. | [ ] Right | \=================================================================/
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