Re: Microsoft bullying letter :(

On Mon, 21 Dec 2009 21:48:00 -0800 (PST), Gary Baldi wrote...
On every new Dell I've ever bought, the first thing I do is wipe the
hard drive and reinstall Windows from the supplied Dell-branded media
- my Windows 7 DVD sat in front of me is clearly marked "the software
is already installed on your computer. Use this DVD only to reinstall
the operating system on a Dell PC". Also on the DVD in bold, larger
font, is the wording "for distribution only with a new Dell PC".

I assume then that if I ever sell this pc, I cannot ship it as is (as
I've reinstalled the OS) so (i) I'd need to flash the restore image
back over the top of the existing install and (ii) I should NOT
include the OS media (see last sentence of previous paragraph)?

I don't think it makes much difference.

I think you can do whatever the EULA says you can do, since you will
have agreed to it during the reinstallation process.

If you hadn't reinstalled Windows, then you could do whatever the EULA
says you can do, since you would have agreed to it when you first booted
up.

The EULA on my copy of Windows says that I can transfer the software to
a new owner, but only together with the hardware it came with. See
below. As far as I can see, that's quite compatible both with the EU
exhaustion of rights principle, and with the US "first sale" doctrine.

From my EULA:
You may permanently transfer all
of your rights under this EULA only as part of a
permanent sale or transfer of the HARDWARE, provided
you retain no copies, if you transfer all of the SOFTWARE
(including all component parts, the media and printed
materials, any upgrades, this EULA and the Certificate
of Authenticity), and the recipient agrees to the terms
of this EULA. If the SOFTWARE is an upgrade, any
transfer must also include all prior versions of the
SOFTWARE.

--
Tim Jackson
news@xxxxxxxxxxxxxxxxxx
(Change '.invalid' to '.plus.com' to reply direct)
.

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