If I buy a new car with Goodyear tires I can removing
them and put them on my other car or any another car I
want.
If I but a new computer with XP or Vista why can't I
remove the OS and put it on my other computer.
Can some explain this in simple terms? I'm sure it's
been asked before.
Why is Microsoft special? Has anyone taken them to
court on this issue?
** Posted from http://www.teranews.com **

skeeter@tritel.net wrote:

>If I buy a new car with Goodyear tires I can removing
>them and put them on my other car or any another car I
>want.

You OWN them, so you can do what you want with them.

>If I but a new computer with XP or Vista why can't I
>remove the OS and put it on my other computer.
>Can some explain this in simple terms?

You don't OWN either XP or Vista. You have bought a LICENSE to USE it
according to the license terms. It's like you are renting it.

Simple enough?

skeeter@tritel.net wrote:

>If I buy a new car with Goodyear tires I can removing
>them and put them on my other car or any another car I
>want.
>If I but a new computer with XP or Vista why can't I
>remove the OS and put it on my other computer.
>Can some explain this in simple terms? I'm sure it's
>been asked before.
>Why is Microsoft special? Has anyone taken them to
>court on this issue?
>** Posted from http://www.teranews.com **

When you purchased the car you acquired ownership of the vehicle and
all of its components, including the tires. Therefore you, as the
owner, can do almost anything you want with them. Note the "almost
anything". For example, you cannot (in most places) burn the tires
becauise of air pollution laws.

When you purchase the new computer with Windows preinstalled you do
not acquire ownership of Windows. That remains the property of
Microsoft. What you acquire is a license (or permit if you prefer) to
use one copy of Windows subject to the terms and conditions specified
in the license. And one of these terms in the license for
preinstalled Windows (commonly called OEM Windows) is that the license
is permanently locked to the first computer that it is installed on
and cannot be transferred to another computer under any circumstances.

Microsoft is not special. All software companies are legally
entitled to specifiy the terms and conditions under which their
software is licensed, and these license terms have been upheld in
court on a vast number of occasions.

Ron Martell Duncan B.C. Canada
--
Microsoft MVP (1997 - 2008)
On-Line Help Computer Service
http://onlinehelp.bc.ca

"Anyone who thinks that they are too small to make a difference
has never been in bed with a mosquito."

Hi Ron,

You haven't answered the OP's second question: Has anyone taken Microsoft to
court on this issue?

From what I've read it's more that Microsoft hasn't taken anyone to court
when terms of the EULA have not been adhered to by the end user.

Alan

"Ron Martell" <ron.martell******.com> wrote in message
news:3a3d04p10mabt2ihtq55l2te5o3ji9bbi1@4ax.com...
> skeeter@tritel.net wrote:
>
>>If I buy a new car with Goodyear tires I can removing
>>them and put them on my other car or any another car I
>>want.
>>If I but a new computer with XP or Vista why can't I
>>remove the OS and put it on my other computer.
>>Can some explain this in simple terms? I'm sure it's
>>been asked before.
>>Why is Microsoft special? Has anyone taken them to
>>court on this issue?
>>** Posted from http://www.teranews.com **
>
> When you purchased the car you acquired ownership of the vehicle and
> all of its components, including the tires. Therefore you, as the
> owner, can do almost anything you want with them. Note the "almost
> anything". For example, you cannot (in most places) burn the tires
> becauise of air pollution laws.
>
> When you purchase the new computer with Windows preinstalled you do
> not acquire ownership of Windows. That remains the property of
> Microsoft. What you acquire is a license (or permit if you prefer) to
> use one copy of Windows subject to the terms and conditions specified
> in the license. And one of these terms in the license for
> preinstalled Windows (commonly called OEM Windows) is that the license
> is permanently locked to the first computer that it is installed on
> and cannot be transferred to another computer under any circumstances.
>
> Microsoft is not special. All software companies are legally
> entitled to specifiy the terms and conditions under which their
> software is licensed, and these license terms have been upheld in
> court on a vast number of occasions.
>
> Ron Martell Duncan B.C. Canada
> --
> Microsoft MVP (1997 - 2008)
> On-Line Help Computer Service
> http://onlinehelp.bc.ca
>
> "Anyone who thinks that they are too small to make a difference
> has never been in bed with a mosquito."

If it smells fishy, its most likely fish.

--
Dave

Hypocrisy. Big SUV, filament lights on all night. You think your neighbor
should be changiing to compact fluorescent light bulbs and driving the
hybrid.
"Alan" <somewhere@nospam.not> wrote in message
news:O%23tYT3BoIHA.4928@TK2MSFTNGP04.phx.gbl...
> Hi Ron,
>
> You haven't answered the OP's second question: Has anyone taken Microsoft
> to court on this issue?
>
> From what I've read it's more that Microsoft hasn't taken anyone to court
> when terms of the EULA have not been adhered to by the end user.
>
> Alan
>
> "Ron Martell" <ron.martell******.com> wrote in message
> news:3a3d04p10mabt2ihtq55l2te5o3ji9bbi1@4ax.com...
>> skeeter@tritel.net wrote:
>>
>>>If I buy a new car with Goodyear tires I can removing
>>>them and put them on my other car or any another car I
>>>want.
>>>If I but a new computer with XP or Vista why can't I
>>>remove the OS and put it on my other computer.
>>>Can some explain this in simple terms? I'm sure it's
>>>been asked before.
>>>Why is Microsoft special? Has anyone taken them to
>>>court on this issue?
>>>** Posted from http://www.teranews.com **
>>
>> When you purchased the car you acquired ownership of the vehicle and
>> all of its components, including the tires. Therefore you, as the
>> owner, can do almost anything you want with them. Note the "almost
>> anything". For example, you cannot (in most places) burn the tires
>> becauise of air pollution laws.
>>
>> When you purchase the new computer with Windows preinstalled you do
>> not acquire ownership of Windows. That remains the property of
>> Microsoft. What you acquire is a license (or permit if you prefer) to
>> use one copy of Windows subject to the terms and conditions specified
>> in the license. And one of these terms in the license for
>> preinstalled Windows (commonly called OEM Windows) is that the license
>> is permanently locked to the first computer that it is installed on
>> and cannot be transferred to another computer under any circumstances.
>>
>> Microsoft is not special. All software companies are legally
>> entitled to specifiy the terms and conditions under which their
>> software is licensed, and these license terms have been upheld in
>> court on a vast number of occasions.
>>
>> Ron Martell Duncan B.C. Canada
>> --
>> Microsoft MVP (1997 - 2008)
>> On-Line Help Computer Service
>> http://onlinehelp.bc.ca
>>
>> "Anyone who thinks that they are too small to make a difference
>> has never been in bed with a mosquito."
>
>

Simple answer, you don't own the software, there is only a right to use
it in a particular configuration. The OEM license is licensed to the
machine, Retail license is licensed to you. Retail can be transferred
from machine to machine by you. The OEM license lives and dies with the
machine. There is nothing special about Microsoft. If you want to take
them to court, go right ahead.

skeeter@tritel.net wrote:

> If I buy a new car with Goodyear tires I can removing
> them and put them on my other car or any another car I
> want.
> If I but a new computer with XP or Vista why can't I
> remove the OS and put it on my other computer.
> Can some explain this in simple terms? I'm sure it's
> been asked before.
> Why is Microsoft special? Has anyone taken them to
> court on this issue?
> ** Posted from http://www.teranews.com **

<skeeter@tritel.net> wrote in message news:qn2d045mogdjnfr1qmqc3k59aalqt13pub@4ax.com...
> If I buy a new car with Goodyear tires I can removing
> them and put them on my other car or any another car I
> want.
> If I but a new computer with XP or Vista why can't I
> remove the OS and put it on my other computer.
> Can some explain this in simple terms? I'm sure it's
> been asked before.
> Why is Microsoft special? Has anyone taken them to
> court on this issue?
> ** Posted from http://www.teranews.com **

As long as people keep buying a product under the above conditions
MS will keep selling under these restrictions. Insurance companies are
infamous at using these money generating tactics.

Alan wrote:
> Hi Ron,
>
> You haven't answered the OP's second question: Has anyone taken Microsoft to
> court on this issue?


No, no one has been able to find any attorney who reasonably thinks he
could make a case that Microsoft's actions are wrong. Remember a few
years ago when the Department of Justice and several states' Attorneys
General tried to sue Microsoft for monopolistic practices? Not a single
one of them objected to the OEM license terms.

Further, a federal appeals court ruled long ago that software EULAs, in
general, are binding contracts under the Uniform Commercial Code.

Procd, Inc. v. Zeidenberg
http://www.law.emory.edu/7circuit/june96/96-1139.html


--

Bruce Chambers

Help us help you:
http://www.catb.org/~esr/faqs/smart-questions.html

http://support.microsoft.com/default.aspx/kb/555375

They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety. ~Benjamin Franklin

Many people would rather die than think; in fact, most do. ~Bertrand Russell

The philosopher has never killed any priests, whereas the priest has
killed a great many philosophers.
~ Denis Diderot

You can! Go and buy a retail version of any MS software from AMASON and
you can install it on another system if your original system failed for
reasons beyond your control. However, when you buy a system with OS pre
installed, you aren't specifically paying for the OS. The supplier is
simply loading the OS for you so that he can discharge his duties to
make the system "Fit for its intended purpose". Have you ever seen HP
charging you separately for the OS?



skeeter@tritel.net wrote:

>If I buy a new car with Goodyear tires I can removing
>them and put them on my other car or any another car I
>want.
>If I but a new computer with XP or Vista why can't I
>remove the OS and put it on my other computer.
>Can some explain this in simple terms? I'm sure it's
>been asked before.
>Why is Microsoft special? Has anyone taken them to
>court on this issue?
>** Posted from http://www.teranews.com **
>
>