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Re: [dvd-discuss] Interesting 1st sale-shrinkwrap-EULA-(c) infringementcase
- To: dvd-discuss(at)cyber.law.harvard.edu
- Subject: Re: [dvd-discuss] Interesting 1st sale-shrinkwrap-EULA-(c) infringementcase
- From: Bryan Taylor <bryan_w_taylor(at)yahoo.com>
- Date: Fri, 2 Nov 2001 08:55:28 -0800 (PST)
- In-Reply-To: <200111021559.fA2Fx6A03999@lumbercartel.com>
- Reply-To: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
--- "D. C. Sessions" <firstname.lastname@example.org> wrote:
> I've been curious whether Microsoft's preload EULA is enforcable for similar
> reasons. Their stuff comes preloaded on the hardware, and the EULA claims
> that if you don't agree to the terms you return the bits to the OEM. The
> OEMs insist that it's not their problem, so talk to MS; MS says it's not
> their problem so talk to the OEM. Neither way can you get a refund. So,
> if there's no possibility of a refund -- is there really a contract? Or did
> I just get some copyrighted material (similar to the owner's manual) that
> was just stuffed into the box?
> (Also note that those preload EULAs are *extremely* restrictive.)
The interesting thing is when you get CD's in addition to your computer.
Generally the preinstall is done from different media than the CD and relies on
an OEM multiple install licence. I would think that you are then the proud
purchaser of TWO copies of the software, and therefore the owner of two
distinct lawfully made copies.
Microsoft is famous for their stiffling of eBay auctions of their OS, but if my
interpretation is correct, not only are these a valid first sale exercise, but
they are valid EVEN IF you didn't delete the OS from your computer.
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