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Windows and anti-piracy and the like

post #1 of 3
Thread Starter 
From BFRD's thread on piracy:

Quote:
MS will often allow you to re-activate even though they shouldn't, they have stated this will not protect you from prosecution.
http://www.overclock.net/windows/156...ification.html

I'm trying to do this with utmost respect to the site admin, the mods, and the entire OCN community. I hope any mods reading this will feel free to edit this thread as much as they see fit, and I apologize if I've offended or inconvenienced anyone. I've also gone through my post and removed as much opinion as possible, I want this to remain objective, civilized, unbiased, and most importantly comply with all applicable rules on OCN.

___________________________________________

On to my point.
It seems like someone who has the responsibility to call Microsoft up to make sure he/she doesn't infringe on their copyright deserves accurate information, no matter if the rep on the other end is not aware that this is against the EULA or not. MS would probably get further by educating their customer service on the hazy parts of their OEM licenses rather than simply prosecuting those who infringe on it even if they thought what they were doing was OK.

Not that I'm bashing Microsoft. I have a lot of respect for MS, particularly their choice not to prosecute the Xbox hackers who developed open-source drivers for their Kinect. Whether they are actually going to go through with this claim I'm not sure, as they were very helpful when my parents called them up about a copy of Office that turned out to be illegal. They assisted them in removing the offending software and pointed them to a website where they could purchase a legal copy. No mention of legal repercussions or action was ever made. This is an example of a company working with the customer, rather than against. It goes back to positive reinforcement vs. negative reinforcement.

Here are some things I know to be facts.
-Microsoft has every right [legally] to prosecute those who violate the terms of their EULA. If you don't want any of this, simply format your hard drive and use Linux.
-OCN's strict anti-piracy rules are there for a reason. Moderators have a responsibility to enforce these rules, even if the majority of members here may disagree with them. Again, if you don't like it, don't use OCN.

Here are some of my opinions.
-A motherboard upgrade does not justify removal of the license to run an OEM copy of Windows.
-Licenses should work on a user-to-user basis, rather than a computer-to-computer. Example: An OEM license should still be valid as long as you were the original one to purchase the machine with the OEM license, and you only keep this installation on one computer at a time.
-Microsoft has no right [morally] to prosecute those who followed the guidance of MS support reps and installed an OEM copy of Windows on a new computer.
-The nature of computers and software is too flexible for there to be the clear-cut laws there are about piracy. This does not justify either extreme of anti-piracy solutions [neither zero tolerance or complete tolerance].
-It all comes down to where you draw the line. I believe ISPs should not block websites known to host or otherwise link to pirated material [it's the consumer's responsibility to avoid this], yet at the same time I believe that Microsoft should not prosecute those than unwittingly violated the OEM EULA [it's not the consumer's responsibility in this case].

Just something to ponder, and hopefully discuss in a civil and ToS-abiding manner. Topics like this can be debated without breaking any rules.

Props to BFRD for creating such a great thread. Distinct and straightforward information is exactly what everyone needs when dealing with a minefield like this.

/pondering
Edited by railfan844 - 7/21/11 at 1:57pm
The Butthurt Box
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The Butthurt Box
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post #2 of 3
Their support reps tell me that if you replace a faulty motherboard, the licence is still valid. Of course this hasn't been tested in court yet.
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