Internet Downloads

[Fragbait]

US District Court for the Eastern District of Missouri, Davidson & Associates v. Internet Gateway Inc (2004)":

CODE
"The first sale doctrine is only triggered by an actual sale. Accordingly, a copyright owner does not forfeit his right of distribution by entering into a licensing agreement."

"The defendants .. expressly consented to the terms of the EULA and TOU by clicking 'I Agree' and 'Agree.'"


And that's where your argument runs aground, Jarulf. When you "buy" Windows XP, you are not purchasing a copy of the software. You are purchasing a license, and in conjunction with your purchase of that license, Microsoft is providing you with a copy of the software. As part of the terms of that license, Microsoft most certainly may dictate to you terms of use
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Hi,


Since you obviously thought about this subject for a while now, may I be allowed to ask a question:

What happens if you know nothing of this EULA thing and just know the brand Microsoft, and buy a PC that already has it preinstalled when you get it?
If I remember right, my Acer came with it preinstalled, and I didn't even have to click OK to any EULA. Can I do everything I want to with it? Like Sell, alter or copy it? (I know it's not that easy nowadays because they only give you recovery cds, but in former days - say Win95).


Thanks, Fragbait