Win98 now considered abandonware?

Is it now (in 2009) legally OK to run unlicensed copies of Win98 /
Win98SE?

On 07/29/2009 12:28 AM, gluino wrote:
Is it now (in 2009) legally OK to run unlicensed copies of Win98 /
Win98SE?

Uhmm, where did you get that idea?

Legally? No. There actually is no software that has been copyrighted
[or held as copyrighted], trademarked, and otherwise [such as marketed]
to be considered as abandonware, unless and until the legal time period
has expired [which due to the numerous legal hooks associated with
Windows 98 will be far in the future and only if Microsoft makes no
further legal advancements regarding Windows 98] or has been publicly
released [as in completely without any legal hold, except perhaps that
it remain public [GPL or the like] (which is prime for another legal
discussion regarding those ramifications)].
The claim by some, that if the producer no longer exists there must be
abandonment is legally unfounded. The same holds true for end of
life/lack of further support issues.
All nations have their own Laws related to this activity which might
have an effect on what is held by the courts when confronted.

--
~
--
MEB
http://peoplescounsel.org/ref/windows-main.htm
Windows Diagnostics, Security, Networking
http://peoplescounsel.org
The *REAL WORLD* of Law, Justice, and Government
_______

On 07/29/2009 12:28 AM, gluino wrote:
Is it now (in 2009) legally OK to run unlicensed copies of Win98 /
Win98SE?

Uhmm, where did you get that idea?

Legally? No. There actually is no software that has been copyrighted
[or held as copyrighted], trademarked, and otherwise [such as marketed]
to be considered as abandonware, unless and until the legal time period
has expired [which due to the numerous legal hooks associated with
Windows 98 will be far in the future and only if Microsoft makes no
further legal advancements regarding Windows 98] or has been publicly
released [as in completely without any legal hold, except perhaps that
it remain public [GPL or the like] (which is prime for another legal
discussion regarding those ramifications)].
The claim by some, that if the producer no longer exists there must be
abandonment is legally unfounded. The same holds true for end of
life/lack of further support issues.
All nations have their own Laws related to this activity which might
have an effect on what is held by the courts when confronted.

--
~
--
MEB
http://peoplescounsel.org/ref/windows-main.htm
Windows Diagnostics, Security, Networking
http://peoplescounsel.org
The *REAL WORLD* of Law, Justice, and Government
_______

gluino wrote:

Is it now (in 2009) legally OK to run unlicensed copies of Win98 /
Win98SE?

Glad you asked.

Yes, it is perfectly legal.

A windows 98/se CD image can be obtained via torrent. Some come with a
list of product activation keys (no keygens required).

If you need a win98/se product activation key, let me know. I'll post
it here.

Remember that unlike Windows XP, Windows 98 does not perform on-line
product activation.

So there are no hacks or cracks required to install and use windows 98.

On 07/29/2009 01:38 AM, MEB wrote:
On 07/29/2009 12:28 AM, gluino wrote:
Is it now (in 2009) legally OK to run unlicensed copies of Win98 /
Win98SE?

Uhmm, where did you get that idea?

Legally? No. There actually is no software that has been copyrighted [or
held as copyrighted], trademarked, and otherwise [such as marketed] to
be considered as abandonware, unless and until the legal time period has
expired [which due to the numerous legal hooks associated with Windows
98 will be far in the future and only if Microsoft makes no further
legal advancements regarding Windows 98] or has been publicly released
[as in completely without any legal hold, except perhaps that it remain
public [GPL or the like] (which is prime for another legal discussion
regarding those ramifications)].
The claim by some, that if the producer no longer exists there must be
abandonment is legally unfounded. The same holds true for end of
life/lack of further support issues.
All nations have their own Laws related to this activity which might
have an effect on what is held by the courts when confronted.


Opps, sent that before it was finished...

Since you ask specifically about Windows 98, you should first take
note of its User Licensing Agreement. Note specifically that *no one*
has ever actually "owned" their copy of Windows 98, Microsoft does. ANY
copies in existence therefore are Microsoft's property, which brings in
to play another area of Law, and I'm not sure how adverse possession
would play in the myriad of Laws that bind the program, but it would
appear rather pointless to attempt that method.

--
~
--
MEB
http://peoplescounsel.org/ref/windows-main.htm
Windows Diagnostics, Security, Networking
http://peoplescounsel.org
The *REAL WORLD* of Law, Justice, and Government
_______

On 07/29/2009 01:38 AM, MEB wrote:
On 07/29/2009 12:28 AM, gluino wrote:
Is it now (in 2009) legally OK to run unlicensed copies of Win98 /
Win98SE?

Uhmm, where did you get that idea?

Legally? No. There actually is no software that has been copyrighted [or
held as copyrighted], trademarked, and otherwise [such as marketed] to
be considered as abandonware, unless and until the legal time period has
expired [which due to the numerous legal hooks associated with Windows
98 will be far in the future and only if Microsoft makes no further
legal advancements regarding Windows 98] or has been publicly released
[as in completely without any legal hold, except perhaps that it remain
public [GPL or the like] (which is prime for another legal discussion
regarding those ramifications)].
The claim by some, that if the producer no longer exists there must be
abandonment is legally unfounded. The same holds true for end of
life/lack of further support issues.
All nations have their own Laws related to this activity which might
have an effect on what is held by the courts when confronted.


Opps, sent that before it was finished...

Since you ask specifically about Windows 98, you should first take
note of its User Licensing Agreement. Note specifically that *no one*
has ever actually "owned" their copy of Windows 98, Microsoft does. ANY
copies in existence therefore are Microsoft's property, which brings in
to play another area of Law, and I'm not sure how adverse possession
would play in the myriad of Laws that bind the program, but it would
appear rather pointless to attempt that method.

--
~
--
MEB
http://peoplescounsel.org/ref/windows-main.htm
Windows Diagnostics, Security, Networking
http://peoplescounsel.org
The *REAL WORLD* of Law, Justice, and Government
_______

98 Guy wrote:
gluino wrote:

Is it now (in 2009) legally OK to run unlicensed copies of Win98 /
Win98SE?

Glad you asked.

Yes, it is perfectly legal.



Total BS

all Microsoft OS's legally must be licensed



A windows 98/se CD image can be obtained via torrent. Some come with a
list of product activation keys (no keygens required).

If you need a win98/se product activation key, let me know. I'll post
it here.

Remember that unlike Windows XP, Windows 98 does not perform on-line
product activation.

So there are no hacks or cracks required to install and use windows 98.

philo wrote:

Is it now (in 2009) legally OK to run unlicensed copies of
Win98 / Win98SE?

Yes, it is perfectly legal.

Total BS

all Microsoft OS's legally must be licensed

When you type in a Win-98 product key during installation, you have
effectively, legally, endowed the system with a valid, legal license.

But also keep in mind that Microsoft has no mechanism to track the
installation and use of Windows 98.

But it doesn't matter.

As long as the total number of systems running windows 98 at any given
time does not exceed the total number of win-98 licenses sold by
Micro$haft, then they have no basis to claim any sort of financial harm.

If a computer running win-98 is up and running, then it's effectively
licensed.

philo wrote:

Is it now (in 2009) legally OK to run unlicensed copies of
Win98 / Win98SE?

Yes, it is perfectly legal.

Total BS

all Microsoft OS's legally must be licensed

When you type in a Win-98 product key during installation, you have
effectively, legally, endowed the system with a valid, legal license.

But also keep in mind that Microsoft has no mechanism to track the
installation and use of Windows 98.

But it doesn't matter.

As long as the total number of systems running windows 98 at any given
time does not exceed the total number of win-98 licenses sold by
Micro$haft, then they have no basis to claim any sort of financial harm.

If a computer running win-98 is up and running, then it's effectively
licensed.

No. It is not legally OK to run an unlicensed copy of Windows 98, and it
won't be until Microsoft officially places the software in the public
domain, which is not likely to happen any time soon.
--
Jeff Richards
MS MVP (Windows - Shell/User)
"gluino" wrote in message
...
Is it now (in 2009) legally OK to run unlicensed copies of Win98 /
Win98SE?