> -----Original Message----- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED] Behalf Of Asbjorn Hojmark - > Lists > Sent: Sunday, April 06, 2008 1:23 PM > To: 'Daniel Hooper'; 'Jon Lewis' > Cc: [email protected] > Subject: Re: [c-nsp] IOS pirating requests > > > > But if you send me the chassis as well as the IOS and no money > > changes hand's it's technically not pirating. > > Well, that depends on who you ask... It's pretty clear from the > license that the software does *not* follow the hardware to a 3rd > party. If you sell the box, you have to buy a 'transfer license'. > > (Wether that'll be legal in other countries is another matter). >
That has never been tested in a court and a Cisco buyer is not required to sign a contract that would obligate them to such an act. In fact, if anything, the courts have ruled in the few cases that have come up regarding used software being sold, that it is illegal for a software vendor to place a purchaser under such a restriction. In short, if you go buy a copy of Windows and use it for a few years then sell it, (assuming that you have not of course used the license as the basis for an upgrade, and that it's not an OEM license) that you and the buyer are perfectly legal. As for OEM software, this travels with the device. As much as Microsoft and other vendors would like to have the software license of Windows 'untied' from the hardware post-purchase, if you sell a PC you bought with Windows preloaded, the license for the preload goes with the PC. This also works for cell phones, DVD players, automobiles, microwave ovens, hybrid key phone systems, etc. all of which have embedded computers with software running. The manufacturer can only deny you new updates or cut you out of support if you get the item from the secondary market - they cannot win a suit against you for merely buying and owning the item that has the software on it that was loaded on it when it came from the factory. Cisco I am sure is perfectly aware of all of this. It is undoubtedly why they put the oldest and archaic IOS on their products possible. For example we just sold a recent 2800 to a customer - running an OLDER version of IOS (12.4.1 I believe) than what was in it's ROM - this was a brand-new, never-opened, direct from Ingram Micro router - it was an IOS image that has been deferred years ago and long since covered under Cisco's free "security upgrade replacement" Clearly, pulling such a stunt gives Cisco much leeway to argue in a court that someone isn't entitled to a more current IOS version because the "official OEM IOS version" that was shipped with the router is going to be older than -anything- that was ever available for download from the Cisco website. Thus Cisco could make the argument in a court that while a buyer of a used 2800 might have a legal right to posses the 2800 with IOS 12.4.1 loaded, (because that was what was on it when the router shipped from the factory) that is as new an IOS as they can have, simply by merely purchasing the box. You really need to be careful here. Keep in mind that for the last decade software vendors have been scruplously avoiding having shrinkwrap licenses tested in court, there's not been a single court case of a software vendor (like Microsoft or Cisco) suing anyone for violating a shrinkwrap license that they did not explicitly sign and agree to abide by. Yet there's millions of devices sold every year that have shrinkwrap licenses on them. Most of what you read from the software vendors is FUD and speculation in this area. And, I will also remind you, there is no law that states that Cisco or any other software vendor MUST tell the truth with regards to contracts or their interpretation. It is SOP for most companies to put illegal, rediculous, and unenforceable terms in their contracts, then have their sales guys claim those terms are legally binding. In writing even. Naturally, contract law being what it is, if there is ever a legal dispute, this will be held against them by the judge - but they do this because they know the vast majority of people automatically assume that just because it's written down in the contract that it must be legal. Ted _______________________________________________ cisco-nsp mailing list [email protected] https://puck.nether.net/mailman/listinfo/cisco-nsp archive at http://puck.nether.net/pipermail/cisco-nsp/
