Re: [seul-edu] Legal questions [was Re: They changed the

[tompoe <tompoe@aether.raven.cxm>]

Hi:  Very well. I wonder if you read my question, though.  If the M$ 
legal requirement is to stand up to the scrutiny of a reasonable 
person, then there is no room for reformatting a drive and placing 
another OS on the box. Period. Until M$ points to its authority for 
making such a statement, there is no other conclusion, than that the 
statement is FALSE! There, the question has been answered. We can 
return to this issue, if you wish to provide a legal authority on 
behalf of M$.

Thanks,
Tom Poe
Reno, NV
http://www.studioforrecording.org/
http://www.ibiblio.org/studioforrecording/
http://renotahoe.pm.org/

On Fri, 3 May 2002, Stephen C. Daukas wrote:

 > At 01:00 PM 5/3/2002, Tom wrote:
 > >Hi:  I have bought a computer with M$95 on it.  I now reformat the 
hard drive
 > >and install Debian Potatoev2.4 on it.  I now reformat the drive 
and install
 > >M$98 on it.  Am I legally able to donate that computer to a school 
without
 > >the M$95 documentation?
 > >
 > >Give me a break!  . . . . .   Until they point to a specific law 
that states
 > >unequivocally that there is a legal requirement, etc., their 
statement is
 > >FALSE.  And, it is important that that action [web page] must be 
retracted,
 > >in the name of preserving the concept of Donated Computers.
 >
 > I can't answer your question, and neither can you nor perhaps anyone of
 > this discussion list, because we are not schooled in the law and 
are not
 > familiar with the legal/contractual issues Microsoft is pushing. 
And that,
 > my friend, is the very point!
 >
 > As for your saying until they cite a specific law what they are 
saying is
 > false is a dubious way of going about anything.  In fact, I would 
have to
 > say this line of reasoning (prove it or your wrong) has been 
addressed by
 > our legal system under the category of "ignorance of the law is no
 > defence", but then again, I would have to refer to a lawyer.  MS 
have cited
 > a legal agreement / contract and have made a claim about how it
 > applies.  It is up to those who feel MS are wrong to give something 
other
 > than an opinion as to why they are wrong, especially if that advice 
is be
 > presented as somehow authoritative and is being offer by a group of
 > so-called experts!
 >
 > Your strong opinion notwithstanding, it is still just an opinion. 
Theirs
 > may be just an opinion as well and they may even be proved wrong. 
But, you
 > can be damn sure their legal department believes the law supports their
 > opinion (nothing goes out of MS without legal review).  I do not 
believe we
 > can say the same.
 >
 > Steve
 >
 >




-- 
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drloss@suscom.net  one other thing I'll always need--
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