[Am-info] Windows reusability

John Poltorak jp@eyup.org
Tue, 5 Mar 2002 14:08:34 +0000


On Mon, Mar 04, 2002 at 09:56:32PM +0000, John Poltorak wrote:
> 
> I am aware the Windows EULA says that the license is not transferable,
> but has this been tested under US Law?

> Can anyone give me a Microsoft email address where I can ask them for a 
> definitive pointer?

Having looked around Microsoft web site, I did come across a FAQ:-


Is it legal for me to sell software that I have bought and used?

In some circumstances, yes, as long as you follow the terms of transfer 
outlined in your license agreement. You may not rent or lease the 
software, but you may transfer your rights under the End User License 
Agreement (EULA) on a permanent basis provided you transfer all copies of 
the software and all written materials, including the original license 
agreement and the Certificate of Authenticity (COA) where applicable. For 
any valid transfer, the software recipient must agree to the terms of the 
EULA. Any transfer must include the most recent product upgrade as well as 
any prior versions that you have.

Prior to transferring your software, you must remove all copies of the 
product from your computer, including your portable computer, in instances 
where a second copy is allowed.

If you want to transfer software that was licensed under a multiple 
license pack, you must transfer all the product copies to a single new 
owner. Microsoft License Paks cannot be broken up.

Many Microsoft products distributed by original equipment manufacturers 
(OEMs) may not be transferred under any circumstances. Check the terms of 
the EULA accompanying the OEM products to determine transferability.



Now that looks fairly conclusive to me, even the whole notion of the EULA 
seems utterly absurd to me. AFAICS you can transfer your old copy of 
Windows onto this brand new Walmart naked PC, unless you have an OEM 
EULA which expressly forbids it. As far as the EULA goes, does a copy of 
it exist anywhere on a CD  so that I can check the wording?


Does anyone have any idea what 'bad things' might happen if a user breaks 
the terms of this EULA?  Have any such 'bad things' ever happened?


-- 
John