David A Schwartz writes: >The othe Starmax list had a similar discussion about a year ago. A patent >attorney contributed his take on the situation. As I understand it, when >you buy a new computer, you are also buying a license for the OS. The >license is non-transferable. So if you make a copy of the OS and give it >away (or sell it), that is a copyright infringement. If the person to whom >you give it (or sell it) uses it, that is also illegal (he did not purchase >a license to use the software). I think this is the reason many thrift >shops (Salvation Army or other nationally known groups) no longer sell used >PCs...Microsoft insisted that the OS be wiped from their hard drives, and >the thrift shops don't have the manpower and/or expertise to wipe them.
The question remains, is the OS licensed to a specific user or for use with a specific computer? I has always been my understanding that when a computer and operating system are bought together, the OS is licensed for use on the hardware. This means that it should go to the next owner of the computer. Unless the hardware dies, the original OS should remain with the computer. Nobody should have the right to sell the OS CDs that came with a still functional computer, although this often happens on eBay with Mac OS install CDs. This is further complicated in the case of clones, where some third-party software (e.g., FWB Hard Disk Toolkit) may also be provided. Especially in the case where there are utilities specific to the hardware, I believe computer owners have an obligation to provide the original install CDs when selling the computer. In line with this, it should be acceptable (morally, if not legally) to provide a copy of the original StarMax OS CD to someone who has lost or damaged their copy. Since the software was licensed in a bundle with the hardware, it should be equally acceptable to provide a copy of that CD to someone who can demonstrate ownership of such a computer, whether they are the original owner or bought it used without a CD. However, putting a disk image on the Internet where anyone, StarMax owner or not, can download and use it, would not be acceptable, since there is no way to verify that everyone accessing the file has a right to a copy of the software. Going a step further, any computer sold with any OS other than what came with it should also include original installer CDs for that operating system -- something that far too often doesn't happen. On the Windows side of the street, this is further complicated by issues such as site licenses and locally built clones where the OS is purchased separately. At least Mac owners don't have to worry about such things.... IANAL, but this seems the sensible way to do things. Dan the listmom -- Dan Knight, president, Cobweb Publishing, Inc. <http://cobwebpublishing.com> <http://lowendmac.com> <http://digital-views.com> <http://digigraphica.com> <http://lowendpc.com> <http://reformed.net> "You can't brew a premium lager with a kool-aid mentality." -- The Red Green Show -- StarMax is sponsored by <http://lowendmac.com/> and... / Buy books, CDs, videos, and more from Amazon.com \ / <http://www.amazon.com/exec/obidos/redirect-home/lowendmac> \ Support Low End Mac <http://lowendmac.com/lists/support.html> StarMax list info: <http://lowendmac.com/lists/starmax.html> --> AOL users, remove "mailto:"; Send list messages to: <mailto:[EMAIL PROTECTED]> To unsubscribe, email: <mailto:[EMAIL PROTECTED]> For digest mode, email: <mailto:[EMAIL PROTECTED]> Subscription questions: <mailto:[EMAIL PROTECTED]> Archive: <http://www.mail-archive.com/starmax%40mail.maclaunch.com/> Using a Mac? Free email & more at Applelinks! http://www.applelinks.com
