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
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