Linked by Thom Holwerda on Fri 17th Feb 2006 12:41 UTC, submitted by jayson.knight
Windows "Microsoft recently made a change to the licence agreement saying that a new motherboard is equal to a new computer, hence you need to purchase a new Windows licence. Here is what Microsoft has to say: "An upgrade of the motherboard is considered to result in a 'new personal computer' to which Microsoft OEM operating system software cannot be transferred from another computer. If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created and the license of new operating system software is required." Please note that this does not go for retail copies of Windows, but only for OEM versions.
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Not enforceable in Finland
by mario on Fri 17th Feb 2006 13:21 UTC
mario
Member since:
2005-07-06

and perhaps in most other places in the EU. And when I say not enforceable, I mean the whole OEM-is-not-for-resale or even Software-is-not-for-resale thingy. Here in Finland anyone can sell their software totally leagally. Here we own the damn thing, and do with it as we please.

Reply Score: 5

Thom_Holwerda Member since:
2005-06-29

Here we own the damn thing, and do with it as we please.

That's the whole point-- you don't own a damn thing. You have a license to use the software, much like you are allowed to use a rental house, even though the house itself is not yours.

That is no different in Finland as it is on the moon.

That is not to say whether or not this stuff MS is doing with licenses being non-transferrable or not is enforcable.

Reply Parent Score: 5

RE[2]: Not enforceable in Finland
by Larz on Fri 17th Feb 2006 14:24 in reply to "RE: Not enforceable in Finland"
Larz Member since:
2006-01-04

Yes, its a license and you donīt own a thing.

There is however a problem with shrink-wrap-licenses in general. A license for a piece of shrink-wrap software, may not be enforcable, in case it puts the user in a worse position than he had reason to believe when he bought the software (the software is in shrink-wrap and he is unable to read the license before buying).

This is in contrast to click-wrap software (ex. downloaded from the internet), where you accept the license before you buy. In this case the license is probably valid (unless it infringes on other consumer laws).

AFAIK I know there has been a supreme court decision in Germany stating that the license (at least the part about it being tied to a specific PC) is not enforcable. Thus resellers are able to buy oem licenses from users, and resell them again together with a PC.

The license has however not been testet in court in many european countries. Among them is Denmark where I live.

Edited 2006-02-17 14:29

Reply Parent Score: 4

RE[2]: Not enforceable in Finland
by mallard on Fri 17th Feb 2006 16:12 in reply to "Not enforceable in Finland"
mallard Member since:
2006-01-06

>That is no different in Finland as it is on the moon.

Actually, international law forbids nations from claiming any part of the moon as territory. Therefore no country has legal juristiction on the moon and therefore there are no laws, just like international waters. However, you could still be prosecuted upon return to Earth (just like international waters).
That means that you can violate copyright, commit murder or whatever on the moon, as long as you plan on living there forever.

Reply Parent Score: 4