Re: [seul-edu] Legal questions [was Re: They changed the site! ( was Re: [OS:N:] Donated PCs)

["Stephen C. Daukas" <stephen@daukas.com>]

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