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RE:[LUG] Licenses preventing the user from using other OSes?



On Thursay 02 May 2002 23:11. you wrote:
The "sanctity of contracts" in common law countries, which has a
constitutional sanction in the US, was mentioned with respect to the right
of  a given user to run its copy of Windows in a virtual rather than real
machine, irrespective of a clause aiming at forbidding him to do so.

Now, further food for thought in this respect has brought by a recent
article published by The Register, where the following can be read:
'If a PC shipped with Windows preinstalled, can you remove the OS and
install Linux instead? Well, no, according to Microsoft. A somewhat obscure
Microsoft site  aimed at helping schools deal with donated computers flatly
states: "It is a legal requirement that pre-installed operating systems
remain with a machine for the life of the machine."'

If I understand the view above of the doctrine of the "sanctity of
contracts", such a clause would be valid even when contained in the EULA
of a given OS. "By purchasing this licence" or "By making use of this
product, the user undertakes not to remove in any case, once installed,
the OS from the PC to which it is applied. Furthermore, the user shall not
make use of any other OS on any hardware belonging to, or used by,
himself".

What about that?

[PWBunce] this came from an italian lawyer

A quote from SuSE 8.0 Personal Basics handbook: Installation:-

"Partitions with Microsoft NT file systems (NTFS) cannot be reduced by Linux.
This is default on Window NT, 200, and XP, but if you have selected FAT32
during the installation of one of those operating systems, SuSE Linux can 
resize the partition. If you have a computer with any of these systems on a 
single NTFS partition, the  old system will be irrevocably deleted when you 
install SuSE Linux -- Linux will format the entire disk. To keep Windows, 
abort the installation or re-install Windows later on a seperate partition 
with your original software."

(pp18 Important Tips)

SuSE's default installation is clearly aimed a US users (US language, keyboard 
etc). So if what has been said about William G's dictate is correct are SuSE 
asking US users to break the law? Or do their lawyers (if thay have any) know
something we don't?

Keith




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