MEB, how come Microsoft does not sell the 9x source code to the U.S. or
Canadian or another friendly government if Microsoft is not willing to
program for the 9x source code anymore because it is too expensive for
Microsoft to program for 2 source codes from what I have read about the
situation. (Note: I feel and I think many here would agree with me that
Windows 9x consumer source code was best in Windows 98 Second Edition because
Windows ME removed easy access to MS-DOS and broke easy compatibility with
older programs --- heck --- Microsoft has a white page document that weighs
in over 100 pages on securing Windows 98 and Windows NT networks so it
certainly sounds like Microsoft cares a lot about their older IP that is
still in use by a few companies, some individuals and within some governments)
"MEB" wrote:
We did this before, read your BS from the last time:
http://peoplescounsel.orgfree.com/re.../copyright.htm
There is no argument you can raise that would allow the activity in which
you engage and solicit others to do.
--
MEB
a Peoples' counsel
--
_________
"98 Guy" wrote in message ...
| MEB wrote:
|
| The determinative action is the right to *distribute* or not,,,
| Microsoft holds that right, you and others hold no such authority...
|
| So those that are selling Windows on E-bay are violating copyright law -
| are they not?
|
| Aren't they "distributing" it - by way of sale?
|
| The whole ridiculous argument you raise is that because Microsoft
| has purportedly chosen NOT to distribute 98 then you SHOULD have
| that right...
|
| What is really the issue is the USE of Windows 98 in a way that violates
| the EULA.
|
| I might burn a copy of Windows-98 on a stack of CD's and put them in a
| closet. Does that cause harm or result in a loss of revenue for
| Microsoft?
|
| Does that violate the EULA? How would I know what the EULA is unless I
| stick one of those CD's into a computer and boot it? What if I never
| do?
|
| I might hand out each CD to a friend, and they all might throw it away
| or put it in their closet. Does that cause harm or result in a loss of
| revenue for Microsoft?
|
| The real issue is not really that CD's are copied or torrents are
| transfering copies of the CD between people.
|
| What matters is this:
|
| Are there any installations of Windows-98 where the license to use the
| software can't be traced back to a lawful sale of said licence by
| Microsoft?
|
| For example - if Microsoft sold a total of 100 million Windows-98
| licenses world-wide, but if at any given point in time there were 100
| million and 1 functioning installations of Windows-98, then it could be
| said that Microsoft has been harmed and has suffered some financial loss
| due to the 1 install that has no corresponding legal license.
|
| There may now (in 2008) be 10 million functioning installations of
| Windows 98, which means there are 90 million licenses that have become
| lost, abandoned or discarded. Microsoft can't claim harm, even today,
| unless the number of systems running Windows-98 rises to above 100
| million, or the number of copies of windows-98 being made available for
| sale (on e-bay, etc) exceeds 90 million.
|
| yeah sure, so if the car dealer refuses to sell that *classic*
| car, you should be able to steal it and sell or give it away...
|
| Microsoft has already sold the rights (or licences) for millions of
| individual installations of Windows-98.
|
| It's like there are millions of that "classic car". Some have owners
| who are driving them. Most are sitting around, abandond, on the street,
| in the wilderness, in the garbage dump - and you can just go and take
| them. Once a car company has sold a car to the first purchaser (which
| is usually the dealer) they have no interest in the car after that -
| like the ownership history, who buys it from who, who steals it from
| whom, etc.
|
| Since NO ONE other than Microsoft has ever actually OWNED the
| software, you have absolutely no authority.
|
| But someone DID purchase a license to USE the software, and that license
| is NOT time-limited and there is NO prohibition against transfer.
|
| The replication or distribution of a win-98 CD is irrelevant - I might
| use it as a coaster or frisbee.
|
| It's the installation and use of win-98 with or without a bona fide
| license (product key) - that IS the issue.
|
| Because in the end, as you say, Microsoft is selling the RIGHT to USE
| the the software. And once they sell _a_ right, that right continues to
| exist regardless who possesses it or how they came to possess it.