On Tue, 2004-12-21 at 09:06 -0700, Bill Wesson wrote: > > -----Original Message----- > From: plug-discuss-admin@lists.plug.phoenix.az.us > [mailto:plug-discuss-admin@lists.plug.phoenix.az.us] On Behalf Of Craig > White > Sent: Monday, December 20, 2004 5:40 PM > To: plug-discuss@lists.plug.phoenix.az.us > Subject: RE: Question with practical and ethical considerations. > > On Mon, 2004-12-20 at 12:42 -0700, Bill Wesson wrote: > > > Given that I own a valid XP pro license, installed on the same box that > > I run Redhat on, is there a practical method of having rdesktop announce > > itself as either windows 2k pro or XP pro to the server. > > > > If there is a practical way to do this, where does it stand legally and > > ethically. > ---- > legally - Unless someone is a lawyer and is familiar with the specific > language of the license to which you are referring, all you could hope > to get is misinformed legal advice. This is pointless > > morally - I think you have answered the issue of morality since you feel > that the fact that the computer that you are using has a Windows 2000 > license affixed to the computer itself and that in your mind should > trump the details of the license which is in question. Personally, I > have no problems with that and if 'management' who owns the server whose > license is at issue has no problems with it, then go for it. ---- > Craig, > > I don't think a person needs to be lawyer to read a Microsoft license*. > However, the person needs to be of average intelligence and willing to take > the time to read the document. --- perhaps but for the most part, these things are written by lawyers in a technical jargon, some of the granular issues are not likely to be understood by everyone but surely the average person should be able to get the ideas presented. --- > > Now, it is just plain bad advice to suggest someone potentially violate a > license agreement just because management is ignorant, unread, or unwilling > to face their obligations under a software licensing agreement. That advice > could lead an individual to be personally financially responsible for their > action of violating a software licensing agreement. There is no protection > violating the law by saying your employer made you do it. --- 1 - The liability is inured by the employer who owns the equipment. There is no liability to the person if his employer felt it was proper. 2 - You are insinuating that I gave the suggestion to potentially violate a license agreement. I agreed (a personal opinion) to the notion that using a computer which had a valid license affixed to it (Windows 2000) but booting Linux at the moment, that a reasonable case for it representing a valid license could be made and I am confident that Microsoft would never prosecute that action as a license violation. I would love to see Microsoft prosecute such an action but know that they would have too little to gain and too much to lose to ever pursue it. 3 - There is no protection from violating the law even if my lawyer says it's ok to do it, forgetting for the moment, my employers advisement. There is no protection anywhere. I think the overriding determination always has to come down to... is it fair? is it reasonable? --- > I refuse to refer certain matters to an attorney when my own study of law as > a citizen and my study of English is pretty good. For the matters that I > have not taken time to study to become proficient at, I would refer to an > attorney. So you won't see from me, a home drawn will or trust, for > instance. --- actually, home wills and trusts are comparatively simple documents and wouldn't require much study. IP law is extremely technical and ferociously litigated. --- > *I was at a company where Microsoft's own legal department wouldn't give a > straight answer on a licensing ambiguity. In that case, the only thing you > can do is buy protection in an attorney's letter of legal opinion. --- I'm not sure that you can ever 'get a straight answer' when it comes to licensing ambiguity and of course, even if you get the benefit of a competent opinion from an attorney, it neither protects you from lawsuit nor damages. The decisions are always left to user which in a corporate environment, is the corporation. Here's an real IP conundrum. Let's say I purchased a music CD and duplicated it onto a blank CD for using in my car. I consider this to be fair use since if I am listening to it in my car, it's not playing at home or vice versa. Someone breaks into my car and steals the copy. Am I obligated to throw the original away? Thanks Craig --------------------------------------------------- PLUG-discuss mailing list - PLUG-discuss@lists.plug.phoenix.az.us To subscribe, unsubscribe, or to change you mail settings: http://lists.PLUG.phoenix.az.us/mailman/listinfo/plug-discuss