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Microsoft's Guide to Accepting Donated PCs

An anonymous reader links us to Microsoft's Guide to Accepting Donated Computers for Your School, which contains humorous statements such as "If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC. " It's just an amusing little read that basically amounts to keeping the license with the PC. Also neglects to mention the Naked PC discussed in this slashdot story.

586 comments

  1. Yes, keep Windows on the boxes... by tepeka · · Score: 4, Funny

    ...it'll be a good learning experience for the kids when they install a new OS...

  2. What a crock by bobdylan · · Score: 3, Insightful

    MS is trying once again to takeover the minds of the children. Get them using only Windows in school and watch what they will ask for at home. It worked for Apple a long time ago, and now MS is trying to follow suit. In the words of an obscure tech, "Give me linux or give me an apple"

    1. Re:What a crock by Cornelius+the+Great · · Score: 1

      This is the exact reason why computer science majors get free Microsoft software via MSDNAA. Basically, they're trying to get the next generation of software engineers hooked on their OS and tools - it's a good strategy. But I'm not complaining...I got Windows XP Pro and Visual Studio 6 legally without paying a dime.

      I still dual boot with a section of my harddrive partitioned to Red Hat 7.2. Microsoft wont win me over, no matter what they give me.

      --
      Sigs are for losers
    2. Re:What a crock by xZAQx · · Score: 2, Funny

      Mr. Cornelius the Great,

      No more free shit for you!

      Sincerely,
      Mr. Gates

      --

      We dance to all the wrong songs.
      --Refused.
    3. Re:What a crock by tzanger · · Score: 2

      MS is trying once again to takeover the minds of the children.

      It's working here in a small rural high school in Canada. They put in modern comptuer labs (about 30 win2k, P3/500, etc. in each class) -- OSS can't match them there and it's kind of sad. But it's happenning here in rural Ontario.

    4. Re:What a crock by Mr_Matt · · Score: 4, Interesting

      Get them using only Windows in school and watch what they will ask for at home.

      And the worst part about it is that they're doing it by making vague legal statements that threaten and coerce schools into doing MS's bidding. Schools have a tough enough time getting funding for things like new computers - now they're expected to turn away free gifts because these gifts aren't in full compliance with MS's virulent OS license? Do Macs require you propagate their OS with a Mac machine?

      It just seems like with all the resources MS has, it could do better than making vaguely threatening statements towards schools that are just trying to make ends meet. Oh wait, I forgot, there's a link to MS's Academic Volume "discount" at the bottom of the page. Scare the school admins by making them think "crap, are all our computers licensed?" and then conveniently provide 'em with a link where they can get kosher again, for a price. Very nice, indeed.

      Have mod points, would rather post rants. D'oh! :)

      --


      But what does my opinion matter, I just vote here. It's not like I have any money or anything.
    5. Re:What a crock by Anonymous Coward · · Score: 0

      MS is working hard to control the mind of the younger generation through edukayshun. Refer to the link here: http://www.microsoft.com/education/?ID=realdeal

      This link refers you to a "skool project" on the "evils of software piracy". It is a project designed to indoctrinate kids into the "microsoft mindshare". Hitler relaized this and started Hitler's Youth. Seems like Gate's Youth.

      From the web page:
      Step A: Find the Fakes
      Step B: Reality Check
      Step C: Fighting the Good Fight
      Step D: Setting the Stage for the Real Deal

      In today's global marketplace, intellectual property is a hot commodity --- and a concept sometimes lost on consumers of all ages. As a result, thieves of intellectual property (also known as "pirates") counterfeit a dizzying array of merchandise, from software to toys to sneakers. As consumers, your students need to understand what intellectual property is and how to safeguard themselves against fakes. This project provides a fun, kid-sized introduction to these concepts.

    6. Re:What a crock by sketerpot · · Score: 2

      And they still try to prevent illegal copying of this software. If someone got a copy of a MSVC++ CD illegally, it would do this same thing. If someone got a WinXP CD illegally, it would benefit MS. So why are they still trying to crack down on piracy, when it is good for them?

    7. Re:What a crock by 4of12 · · Score: 3, Interesting

      What you say is true and all, but from what I've heard, the situation in our public schools is more complicated that just having sufficient free hardware and money to buy software.

      That is, the biggest real, practical problems with computers in schools have to do with

      1. Set up, installation, maintenance.
      2. Training (not the kids, but the teachers)
      so, if I might be so bold, a very good way to do something positive rather than just complain about the Borg is for Free Software advocates to volunteer their time at their local public school to help out with those tasks. Maybe your LUG could help to organize such an effort so no single person gets overwhelmed.

      If you go in with the attitude of being helpful, setting up proxy web caches, and, yes, even helping to filter pr0n, maybe showing teachers how to show students how to setup a simple webpage, etc, you can do more for the sake of free software and the long term interests of the IT industry in general than either donating 50 obsolete PCs or griping on Slashdot.

      --
      "Provided by the management for your protection."
    8. Re:What a crock by DrSkwid · · Score: 2

      MS is trying once again to takeover the minds of the children.

      I think that that project is called DirectX

      it's working too, how many dual boots round these parts just for gaming (cos heck knows the only programs worth the bother of dual booting are games)

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    9. Re:What a crock by jonr · · Score: 2

      No soup for you!

    10. Re:What a crock by grimtoothe · · Score: 1

      So who do we have to thank for THIS particular piece of intuitive legislation? Not the congressman...their three for a dollar - I'm refering to the sleezo company that bought their way into the lawbooks. I'm in the process of putting together a non-profit company for routing donatable computers to schools/charities, and this is a major roadblock. I would just like to know who to thank... I assume Microsoft but that's the obvious choice.

    11. Re:What a crock by Rogerborg · · Score: 2
      • That is, the biggest real, practical problems with computers in schools have to do with: Set up, installation, maintenance. && Training (not the kids, but the teachers)

      Very insightful. You can put together a room of machines from Win95 to WinXP, and they all look and act pretty much the same. The GUI and interface varies, but the basics of network setup and application installation is "learn once, apply anywhere".

      Now throw a linux box in there, and it pretty much doubles the required knowledge of the sysadmin. Throw in a second linux box and (oops) you raise the bar yet again, because chances are it will be set up in a completely different way from the first one.

      Further to your suggestion about getting involved, I'd suggest this:

      Ask their sysadmin if they have a standard Linux setup (the answer is no). Set up a Linux box to look and feel as much like a Microsoft box as possible, with KWord or OpenOffice, a decent samba setup and (e.g.) LinNetworkNeighborhood. Once you've convinced the school sysadmin that a linux box can play nice with the Windows boxen, write up a standard, with installation procedures, and donate CD's. The next time that admin gets a naked PC delivered, they'll have to decide whether to install a hooky copy of Windows, or a blessed copy of linux. Make it as easy as possible for them to pick the side of the angels.

      --
      If you were blocking sigs, you wouldn't have to read this.
    12. Re:What a crock by hot-swappable · · Score: 1

      "Thank you Sir, May I have another??"

    13. Re:What a crock by atticusfinch1970 · · Score: 1

      Do Macs require you propagate their OS with a Mac machine?

      Uh, what else runs on a mac?

  3. This is Quite Ridiculous by as400as2 · · Score: 3, Insightful

    It is a legal requirement to keep the same OS? I'm not so sure....

    1. Re:This is Quite Ridiculous by anonymous_wombat · · Score: 1, Funny

      I am pretty sure. This means that anyone that installs Linux on a Windows machine (unless they make it a dual boot) is breaking the law.

    2. Re:This is Quite Ridiculous by betis70 · · Score: 1

      What if it has a different hard drive? And the original hard drive is sitting in a corner collecting MicroDust?

      --
      I forget...are we at war with Eurasia or East Asia?
    3. Re:This is Quite Ridiculous by AngryAndDrunk · · Score: 5, Informative

      No, but the licence agreement with the copy of Windows that was installed on the PC almost certainly specifies that it can only be used with that PC.

      What MS is saying is that it is illegal to buy a PC with, say, Windows 2000 pre-installed, then later give the PC away but keep the copy of Windows 2000. That would be in violation of the terms of the licence.

      Now, personally I feel that that's a crock, but that's a discussion for another thread...

    4. Re:This is Quite Ridiculous by connorbd · · Score: 2

      That is a pretty frightening idea. I would like someone who is NNAL (not not a lawyer) to look this one up.

      That said, it does seem pretty smoke-and-mirrors. The sad part is that an awful lot of schools are going to go along with this just out of fear or ignorance...

      /brian

    5. Re:This is Quite Ridiculous by Anonymous Coward · · Score: 1, Funny

      I'm sorry, but the law states if you have Linux on your hard drive, you go to jail.

    6. Re:This is Quite Ridiculous by Vanders · · Score: 2, Insightful

      Yeah, seems like a bit of a scare tactic. I'm guessing, but I think the general idea (From Microsofts paranoid point of view), is that if you have not recieved the OEM copy of Windows that came with the PC, then the person who has donated the PC must automatically be using that copy of Windows on another PC, thus violating the EULA.

      Its still a pretty big leap of logic from that to "You must only accept a PC that has the OEM copy of Windows with it" though.

    7. Re:This is Quite Ridiculous by Porag_Spliffing · · Score: 1

      Actually its all there in the EULA along with your first born to his Billness.

      After M$ finish lobbying it will be a legal requirement too

      --
      Maybe you live in interesting times
    8. Re:This is Quite Ridiculous by edrugtrader · · Score: 4, Informative

      they are not requiring them to KEEP the OS, they are requiring that if you have windows 95 installed on it, and you donate the machine, you are donating your copy of windows 95 and can't use it anymore.

      --
      MARIJUANA, SHROOMS, X: ONLINE?! - E
    9. Re:This is Quite Ridiculous by Walterk · · Score: 1

      Good thing I always buy my computers in parts and without any operating system previously installed.

    10. Re:This is Quite Ridiculous by Anonymous Coward · · Score: 0

      I think he was kidding:

      (Score:2, Funny)

    11. Re:This is Quite Ridiculous by B1 · · Score: 1

      Keeping the operating system with the PC is not just a great benefit - it is a legal requirement.

      I'm not sure where this 'legal requirement' is spelled out, but I would read this to mean that the OS need only be included with the machine--not necessarily pre-installed.

      IANAL though :)

    12. Re:This is Quite Ridiculous by Big+Ryan · · Score: 1

      Agreed. I would say that Microsoft is off it's rocker by claiming such a legal requirement. Sorry guys, but I would have to see the USC cite before believing such FUD.

    13. Re:This is Quite Ridiculous by startled · · Score: 2

      Q. Why should a donor include the operating system with their PC donation?

      A. It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC.


      Actually, they do tell a little fib. You can throw away the pre-installed OS, and not give it to anyone.

    14. Re:This is Quite Ridiculous by donpardo · · Score: 5, Informative

      What MS is saying is that it is illegal to buy a PC with, say, Windows 2000 pre-installed, then later give the PC away but keep the copy of Windows 2000.

      No. That is not what they are saying. They are saying that you must include the OS that was originally installed on the machine, per this statement on the page: make sure that the hardware donation includes the original operating system software.... it is a legal requirement.

      This is a gross overstatement and misleading. If there is a legal burden when selling a computer, it applies to the seller, not the buyer. The buyer has NO idea what was originally on the computer and cannot be expected to know. The buyer never saw the original agreement, let alone clicked on the Accept button. In addition, if the original OS is Linux, BSD or other Free OS, there is no such agreement.

      You can read your own motives into this.

      --
      Nothing to see here. Move along.
    15. Re:This is Quite Ridiculous by akiy · · Score: 3, Insightful

      But what constitutes the "same PC"? If I go and upgrade to a faster CPU, does that make it a different PC? How about a different motherboard? RAM? Upgrade the hard drive (but keep its contents the same through Norton Ghost or something)?

      --

      --
      http://www.aikiweb.com - AikiWeb Aikido Information

    16. Re:This is Quite Ridiculous by DragonMagic · · Score: 1

      But if you can BS your way over the phone with XP installs with Microsoft, you can get your "new PC" to be accepted as your "old PC" when you upgrade your hardware.

      * yawns *

      --

      Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
    17. Re:This is Quite Ridiculous by DragonMagic · · Score: 2

      Yes, but what about those people like me who build homebrew systems? Hell, I own outright a copy of Windows 98 SE for PCs without Windows, and a copy of Windows 2000 Professional full install. Does that mean the computers I have them on, if donated, must also carry over the software I installed on them?

      FUD from Microsoft, assuming automatically stuff that isn't involved. As much as I'd like to keep using MS products for business purposes, it's becoming more and more of a problem for me to want to keep going down that route. Thank goodness I've also got a Mandrake box and a Red Hat server now.

      --

      Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
    18. Re:This is Quite Ridiculous by edrugtrader · · Score: 1

      how the FUCK is this insightful. it means NO SUCH THING.

      R....T....F....A.....

      --
      MARIJUANA, SHROOMS, X: ONLINE?! - E
    19. Re:This is Quite Ridiculous by jordan_a · · Score: 2

      I left feedback asking what law they are referring too "as I delete Windows of my new PC as I felt the license was too restrictive, and I do not wish to violate the law"

    20. Re:This is Quite Ridiculous by AngryAndDrunk · · Score: 2, Interesting

      The only way in which this requirement could possibly be a legal one is if it is a conditon of the licence agreement under which either the PC or the OS (or both) was purchased.

      Now, I'm not aware of (commodity) hardware coming with a licence agreement, so I'm assuming that it's the copy of Windows that is licenced. Somewhere in that licence agreement will be a clause that says that that copy of Windows can only be used on the machine that it came with.

      I realise that that is not exactly what Microsoft are saying; they've dumbed it down and left out the details, specifically (and most damningly) the fact that it is the donator that is potentially breaking the terms of the licence agreement. That could easily be rectified by including a sentence or two explaining the situation.

      The fact that they have neglected to do so, or even to provide a link to another page that goes into more detail (remember why the web was invented, anyone?), makes their motives clear. They are attempting to intimidate schools (specifically, but in general anyone that accepts donations of this sort) to refuse any machine that is donated in such a way as to enable the donator to reuse any (Windows) OS that came with it. That, in turn, will reduce the number of people who can do so, thus forcing them to buy machines that come with Windows pre-installed (or else, a "naked" PC and a seperate copy of Windows)

      Incidently, I believe that MS would probably have a very hard time making such a licence agreement stand up in court, but that doesn't really matter. Do you have the time and money to fight it out with them? No, nor do I, and nor does anyone else I know.

    21. Re:This is Quite Ridiculous by Shagg · · Score: 3, Informative

      It's a violation by the company who is doing the donating, not by the school.

      It is not illegal for the school to accept a PC that no longer has the Windows pre-install on it. I have no idea why MS is writing this for schools. Nothing they say in there has any legal basis. If, on the other hand, they had written it as "a guide on how to donate a PC that originally included an OEM copy of Windows" and give it out to corporations, then what they're saying makes a bit more sense (aside from the argument over whether the OEM EULA makes any sense).

      --
      Unix is user friendly, it's just selective about who its friends are.
    22. Re:This is Quite Ridiculous by jsprat · · Score: 1

      I'm assuming you read this, but I'll post this for others who may not have read the article:


      Q. Why should a donor include the operating system with their PC donation?

      A. It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC.


      Bullshit!

    23. Re:This is Quite Ridiculous by rirugrat · · Score: 1

      Why do you feel that this idea is such a "crock"?

      Steve Ballmer

    24. Re:This is Quite Ridiculous by mirko · · Score: 3, Interesting

      Windows XP is actually said to refuse to run on a machine which hardware has been modified since its registration, so if they break the agreement on this point by refusing to launch it then you may prove you virtually changed of PC.
      So, play around with your hardware and when windows won't boot, then you're supposed to be free...

      --
      Trolling using another account since 2005.
    25. Re:This is Quite Ridiculous by aozilla · · Score: 2

      Incidently, I believe that MS would probably have a very hard time making such a licence agreement stand up in court, but that doesn't really matter. Do you have the time and money to fight it out with them?

      OTOH, does MS have the time and money to catch every high school teacher who gets a computer for his classroom? No, not even Microsoft has that much money and power.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    26. Re:This is Quite Ridiculous by AntiNorm · · Score: 2

      It is a legal requirement to keep the same OS? I'm not so sure....

      If it's an OEM copy of Windows, then yes. In other words, if you buy a computer from a store with Windows preinstalled, then that copy of Windows must stay with that PC. But, in the rarer instances where people buy full-version copies of Windows from a store, then they may keep that copy for themselves (as long as they don't leave it on the PC they are donating).

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
    27. Re:This is Quite Ridiculous by Trekologer · · Score: 5, Informative

      Yes, the license agreement of OEM software typically ties it to the hardware it was sold with. In other words, if you buy a PC with Windows XP installed on it, the license says that the copy of Windows XP can only be used on that PC (and the recovery discs tend to "enforce" that too).

      This "guide" reverses the statement to say that the hardware is tied to the software. It says that schools should not (the baseless legal threats turn that into a "can not") accept donated computer hardware unless it includes the origial software with accompanying media and documentation.

      That is pure shit.

      Microsoft does have a program that gives a school a site-license for software upgrades, provided that the systems that they are installed on have a license for the original software. In other words, if the hardware has a license for Windows 98, the school can install their site-licensed Windows 2000 upgrade on it. If the system does not have an existing license, the school can not.

      This is pure Microsoft FUD. I actually laughed when I read it the first time. Then I realized that some educator somewhere will read this and actually believe it and get rid of donated computers because of this. Microsoft is not trying to be charitable here by helping to prevent schools from getting into legal trouble. They're trying to take used computers out of schools so that the schools are forced to buy new ones and new Microsoft software licesnes.

    28. Re:This is Quite Ridiculous by suicidal · · Score: 1

      Actually Microsoft's policy goes even further than that. It asserts that the Operating System is bound to the machine, not the user. They don't allow the transfer of the OS from the old machine to the new one, period. Doesn't matter if you formatted the old hard drive or not. Yep, this is a total crock... And then they wonder why no one likes them? Go figure!

    29. Re:This is Quite Ridiculous by frost22 · · Score: 2

      even this is quite legal in many jurisdictions. Just because something is written in the License Agreement doesn't mean it is legally valid.

      --
      ...and here I stand, with all my lore, poor fool, no wiser than before.
    30. Re:This is Quite Ridiculous by Anonymous Coward · · Score: 0

      What the hell are you talking about? Post in your native language and let somebody else translate it because you obviously can't.

    31. Re:This is Quite Ridiculous by cyclist1200 · · Score: 1

      I think it would only be a violation by the donor if they are donating the OS without the computer it was originally installed on. There is no violation (certainly not illegal like the page states) in donating a computer without an OS, or with an alternative OS. My company takes its old computers and wipes the hard drive before they are even designated for donation, so that sensitive data doesn't go out the door with it.

      What I don't understand is how Microsoft retains any credibility whatsoever with anyone they deal with - whether business, educational, or individual.

    32. Re:This is Quite Ridiculous by JordoCrouse · · Score: 2

      I am pretty sure. This means that anyone that installs Linux on a Windows machine (unless they make it a dual boot) is breaking the law.

      NO! NO! NO!

      All they say is that the Windows licence that was purchased with the computer must stay with the computer. End of story.

      So for example, I had to pay the MS tax on my laptop, and I have my unopened Windoze ME to prove it. So, if I ever sell or donate my laptop, I am only obligated to give them the CD with it, because technically, that copy of ME is only valid for the machine that I purchased.

      Microsoft is trying to prevent people from getting OEM software, and then keeping int and putting it on new boxes - thereby not purchasing a new copy. It might be a greedy policy, but its definately not illegal.

      Mod this parent down!

      --
      Do you have Linux and a DotPal? Click here now!
    33. Re:This is Quite Ridiculous by jovlinger · · Score: 4, Informative

      but the difference is that if you strip a computer of its preinstalled M$OS, and instead install FreeBSD, then microsoft HAVE some ability to restrict you (the giver) from installing this spare OS on another computer, but they have absolutely NO ability to restrict the recipient from accepting the cleansed computer.

      The licence doesn't have to stay with the computer, but it can't be used with any other computers. BIG difference.

      Basically, microsoft are completely misrepresenting the burden of copyright verification, hoping (with reason) that educators will be too spineless to question the webpage.

    34. Re:This is Quite Ridiculous by silicon_synapse · · Score: 1

      MS doesn't have to. They only need to make an example out of a few and the rest will cower in fear.

    35. Re:This is Quite Ridiculous by Kierthos · · Score: 1

      I am pretty sure. This means that anyone that installs Linux on a Windows machine (unless they make it a dual boot) is breaking the law.

      Snu? The license, yes, is important, but not the OS. If I buy the computer with WinExcrement on it, format the hard drive completely, and install SUSE on it, I am not breaking the law if I donate the computer with SUSE on it to a school.

      Kierthos

      --
      Mr. Hu is not a ninja.
    36. Re:This is Quite Ridiculous by blibbleblobble · · Score: 1

      Don't forget: you never agreed to any license when you bought the PC, and if microsoft wants to enforce a contract, then they need to produce a copy of that contract with your signature on it.

      Of course, what's legal and what's not doesn't really affect this situation, where microsoft is trying to scare vulnerable teachers into thinking they could be jailed for using a non-approved operating system.

      It'll probably work for many schools, simply because they don't know much about computers. It's only the schools with a decent tecchie who can say "hang on, we can save £300 per machine here"

    37. Re:This is Quite Ridiculous by Anonymous Coward · · Score: 1, Funny

      "as I delete Windows of my new PC "

      Sorry. That does not compute. Maybe you should talk to some people over at the BSA about that.. ;-)

      I mean, you exist to buy our stuff so what the hell is wrong with you?

    38. Re:This is Quite Ridiculous by catman · · Score: 1

      Ridiculous indeed. I am typing this on a dual-boot machine, OEM install Win 98 which I
      booed in Win98 yesterday for the first time in months ...
      Of course I can throw away the license, wipe the [expletive deleted ] stuff of the computer whenever I want to - and donate the machine to the neighborhood school. The OEM CD is useless after the HD has been reformatted.

      If BSA wants to make an issue of it, let them - they would be laughed out of court.

    39. Re:This is Quite Ridiculous by Shagg · · Score: 2

      Valid point. This is all based on the assumption by MS that not including the original software with the PC means that the software is automatically being used elsewhere.

      To correct my statements: Contrary to what MS says, it's perfectly legal for a school to accept a computer without the OEM Windows OS. It's perfectly legal for a company to donate a computer without the OEM Windows OS. However, it's a violation of the license (arguable whether it's illegal or not) to donate the computer and then use the OEM OS elsewhere within your company.

      Thanks for the correction.

      --
      Unix is user friendly, it's just selective about who its friends are.
    40. Re:This is Quite Ridiculous by Verteiron · · Score: 1

      Enjoy that while you can. If the SSSCA/CBDwhatever get passed, you can forget about it.

      I've written my letters. Have you?

      --
      End of lesson. You may press the button.
    41. Re:This is Quite Ridiculous by aozilla · · Score: 2

      Make an example how? Do you really think a judge is going to award any verdict to someone for deleting an OS, let alone a large verdict?

      At the very worst Microsoft might win a few hundred dollars, which it likely won't even be able to collect.

      Those cowering in fear likely think they will go to jail for removing the "Do Not Remove" tag from their matresses, as well.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    42. Re:This is Quite Ridiculous by letxa2000 · · Score: 2
      What MS is saying is that it is illegal to buy a PC with, say, Windows 2000 pre-installed, then later give the PC away but keep the copy of Windows 2000. That would be in violation of the terms of the licence.

      Well, yeah, it would be a violation and software piracy to give away the PC and keep the original OS for the seller.

      But that's not what is said on the Microsoft page.

      Microsoft says: "make sure that the hardware donation includes the original operating system software. Keeping the operating system with the PC is not just a great benefit - it is a legal requirement."

      That's a crock. It's misleading, misinformation, a misrepresentation of the facts, and just there to scare educators.

      Hopefully it will scare them into using Linux...

      It's almos a no-brainer. Mac doesn't have much market penetration but it owns the school market. I think most schools would end up rejecting a Windows machine based on the fact that it isn't compatible with the other dozen Macs they have--not because it comes with a Windows license or not.

    43. Re:This is Quite Ridiculous by AntiNorm · · Score: 2

      If BSA wants to make an issue of it, let them - they would be laughed out of court.

      The problem is, though, that most people do not have the time, money, or inclination to defend themselves in court, especially against such a giant monster as the BSA. Hence the reason the BSA tends to get what it wants when it wants it.

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
    44. Re:This is Quite Ridiculous by silicon_synapse · · Score: 2, Insightful

      MS can turn the BSA on the school, demand to see licenses for ALL their products, run up legal bills, and otherwise put the school through the wringer. Actually winning a court case is merely an afterthought.

    45. Re:This is Quite Ridiculous by Lumpy · · Score: 2

      and this is EXACTLY why the FSF or other Open source or free org needs to issue a similar but in clear words guide.... and then write a spin on it like an article and have it published in school trade magazines, the teacher's union magazine ,etc.... GNU/Open source needs to get off of it's collective ass and start fighting the fight on their turf with their weapons.. The press is easy to use and is not expensive... and remember if it's printed in a newspaper or magazine it must be true!

      --
      Do not look at laser with remaining good eye.
    46. Re:This is Quite Ridiculous by penguinboy · · Score: 3, Insightful

      All they say is that the Windows licence that was purchased with the computer must stay with the computer. End of story.

      So for example, I had to pay the MS tax on my laptop, and I have my unopened Windoze ME to prove it. So, if I ever sell or donate my laptop, I am only obligated to give them the CD with it, because technically, that copy of ME is only valid for the machine that I purchased.

      But when you donate a computer, do you have to give the recipient the OS that came with it? Is there anything wrong with destroying the original copy of the OS and telling the recipient to buy their own (or, of course, use a non-MS OS)? If not, that page simply lying, which I suspect to be the case.

    47. Re:This is Quite Ridiculous by thomas.galvin · · Score: 1
      It is a legal requirement to keep the same OS? I'm not so sure....

      No, it is not. Just for kicks

      • buy computer with WindowsWhatever
      • format hard drive
      • install Linux, BSD, etc
      • burn WindowsWhatever CDs and docs
      • donate machine
      There is absolutly nothing illegal about this. Most licensing agreements state that the copy of Windows that comes pre-installed on a machine is only good for that machine. In other words, if you want to use that OS, it must remain with that machine. If you donate a machine w/o the pre-installed copy of Windows, you are, esentially, declaring that neither party has the right to use that copy of Windows.

      This should read "if you donate a computer, you no longer have the right to use the Windows operating system that it came installed with. We recommend donating it with the PC." And it should be targeted at the people donating, not the schools.
    48. Re:This is Quite Ridiculous by Anonymous Coward · · Score: 0

      oh man, that post cracked me up. You open source nuts are so funny. I bet your next post will be something like "MS is just a source of FUD."

    49. Re:This is Quite Ridiculous by 0x0d0a · · Score: 1

      You may have interpreted the document to mean this, but this is definitely not what it says.

      Cynical me thinks that it's not unreasonable to assume that the misleading factor is intentional.

    50. Re:This is Quite Ridiculous by letxa2000 · · Score: 2
      I'm not sure where this 'legal requirement' is spelled out, but I would read this to mean that the OS need only be included with the machine--not necessarily pre-installed.

      It's also silly since, anymore, you're lucky to get a "recovery CD-ROM" let alone a real copy of the OS with your OEM machine.

      My sister-in-law recently had a problem with her 98SE machine. She had installed one to many spyware programs and things were crashing randomly. I offered to format it and reinstall. It was an HP that came pre-loaded with 98SE and I found the recovery disk. After backing up the data from her HD, I formatted it and went to recover with the included HP recovery disk.

      Things looked to work smoothly. Everything apparently installed fine and I was booting up to Windows "for the first time" when I got to a point where a window opened and said "Can't find Windows license agreement. The machine will be shut down." I clicked on "Ok" and the machine turned itself off.

      I tried the format/recover process one more time and got the same bogus message.

      Screw that, I formatted the hard drive and installed my "clean" copy of 98SE. Worked like a charm.

      Point being: It's not really like they actually give you enough install material to be ABLE to install the OS even on the OEM machine, let alone some other machine. Heck, I had a "legitimate" HP with a "legitimate" recovery CD and I had to resort to installing a "pirated" copy of 98SE because the legit stuff didn't work.

      It's amazing Microsoft has lasted as long as it has. Between their continuosuly more restricted legal BS and their products that don't work it's absolutely amazing they hold the position they do, even with monopoly powers.

    51. Re:This is Quite Ridiculous by swv3752 · · Score: 1

      Legally you can give the PC with no OS, or some other legally licensed OS (Something FREE or OSS preferred but could give a full retail copy of MS Windows). By the terms of the OEM License, you _may_ not be able to use the orignal License on another computer.

      Of course, at what point do you have a new computer. Over the course of years, the only thing left original in my Win98 box is my floppy drive. The mobo, cdrom and HDD finally died. Other parts were upgraded or obsoleted (like who uses fast scsi?)

      --
      Just a Tuna in the Sea of Life
    52. Re:This is Quite Ridiculous by Anonymous Coward · · Score: 0

      What MS is saying is that it is illegal to buy a PC with, say, Windows 2000 pre-installed, then later give the PC away but keep the copy of Windows 2000. That would be in violation of the terms of the licence.

      No, what MS is saying is that if I buy a PC with Win2k on it pre-installed, I cannot keep the software, sell the computer, and use the software.

      Once I buy the computer, I can crush, burn, piss on, or do whatever I want with the software, so long as I don't install it on any PC other than the one it came with. Therefore, as long as there is not a copy of win2k on the computer when I give it away, I don't have to give them my copy of windows. I just can't use it, and technically I don't own it, the ownership becomes nullified in a sense. So long as nobody is using it.

    53. Re:This is Quite Ridiculous by Drachemorder · · Score: 4, Funny
      MS doesn't have to. They only need to make an example out of a few and the rest will cower in fear.

      The more you tighten your grip, Mr. Gates, the more star systems will slip through your fingers.

    54. Re:This is Quite Ridiculous by Anonymous Coward · · Score: 0

      And if the school is running a free OS like Linux or *BSD, then what? There's no licenses to show! Bye bye, Mr. BSA, you have a nice day now.

    55. Re:This is Quite Ridiculous by aozilla · · Score: 1

      MS can turn the BSA on the school, demand to see licenses for ALL their products, run up legal bills, and otherwise put the school through the wringer.

      No they can't. The BSA can't force the school to do anything. Only a judge can do that, and a judge will only do that if there is reasonable cause.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    56. Re:This is Quite Ridiculous by Anonymous Coward · · Score: 0

      Actually, to install windows from a CD, or when you initially boot most new computers, and windows configures itself, there is a click-through license (which is legally valid and enforceable).

      If you ever installed any commercial windows software, you'd recognize that click-through contract.

    57. Re:This is Quite Ridiculous by Anonymous Coward · · Score: 0
      Of course micro$0ft wouldn't lie to you. Whom are you going to believe, gill bates or some old statute book?

      I wonder whether that page legally qualifies as deceptive trade practices

    58. Re:This is Quite Ridiculous by Anonymous Coward · · Score: 0

      MS can turn the BSA on the school, demand to see licenses for ALL their products, run up legal bills, and otherwise put the school through the wringer.

      And the NEA can sue MS back for extortion and racketeering, and run ad campaigns against their bad business practices...

      Don't mess with teachers.

    59. Re:This is Quite Ridiculous by thomas.galvin · · Score: 1

      I should mention that by "burn" I mean "set fire to and reduce to carbon," not "copy onto a CD". Sorry about that.

    60. Re:This is Quite Ridiculous by Anonymous Coward · · Score: 0
      This is a gross overstatement
      It's not an overstatement, just a lie.
    61. Re:This is Quite Ridiculous by dmarcov · · Score: 2

      I really don't think that's a big threat to most (public) schools. The district's lawyers get paid no matter what they are doing -- and while not as pricey as MS's lawyers -- seem to be able to hold their own in court.

      Oh. Wait. Ok, some of them can. Damn. I was sure I had a good point somewhere in there.

    62. Re:This is Quite Ridiculous by Anonymous Coward · · Score: 0

      And not only that, but didn't MS try to sue and Australian charity for reusing preinstalled software on donated machines?

      I'm still trying to work out whether Gates's middle name is Hypocrisy or Megalomaniac.

    63. Re:This is Quite Ridiculous by Anonymous Coward · · Score: 0

      If you feel it is in the best interest of your school to accept the donated PCs, make sure that the hardware donation includes the original operating system software. Keeping the operating system with the PC is not just a great benefit - it is a legal requirement.

      No... What they are saying is that it is illegal to remove the original OS that came with the PC when it was purchased. This is a bald-faced lie.

      This attitude is a switch from their attitude and attacks on the Austrailian charity that was accepting PCs with Win95 on them and then reformatting and reinstalling that same copy of Win95 that came with them. In that case, M$ wanted the charity to pay a couple hundred bucks for a copy of a new WinXX licnese, claiming that the Win95 license was valid ONLY for the PC+User combination.

      Now, it seems, Microsoft is seeing a LARGE number of schools and people accepting donated PCs and removing the WinXXX, replacing it with a Linux distro. They are trying FUD and Lies in an attempt to convince the schools that since they "can't remove" the OS they might as well use it. Better to keep schools using an old WinXXX OS than to have them switch to Linux and learn what true security and stability is really like!

    64. Re:This is Quite Ridiculous by Anonymous Coward · · Score: 2, Funny

      I wanted a bigger hard drive so I replaced the original 2 GB with a 30 GB. Formatted the disk and gave it to my brother.

      I wanted more memory so I put in 128 MB, gave the old SIMMs to my brother.

      Eventually I wanted a faster processor, faster CD-ROM drive, better video card, etc. My brother got all the used parts. I still have the original case, motherboard, and power supply, though.

      When he puts all those parts together, which of us will own the original PC?

      To be safe, I guess we'd both better keep the OEM operating system that came with it. I'd better make a copy of that CD right away.

    65. Re:This is Quite Ridiculous by Walterk · · Score: 1

      Good thing I don't live in america!

    66. Re:This is Quite Ridiculous by Anonymous Coward · · Score: 0

      speak for yourself----I am not so easily intimidated

    67. Re:This is Quite Ridiculous by Theom · · Score: 0

      there is a click-through license (which is legally valid and enforceable) Prove that I seen it! My jumped on the kaybord when I booted up my computer.

      --

      mp3: l33t term for empty.
    68. Re:This is Quite Ridiculous by Citizen+of+Earth · · Score: 1

      What MS is saying is that it is illegal to buy a PC with, say, Windows 2000 pre-installed, then later give the PC away but keep the copy of Windows 2000. That would be in violation of the terms of the licence.

      I'm as big of a Microsoft distruster as anyone, but the idea of not duplicating licenses on resale sounds perfectly reasonable to me, though I see two ways to accomplish this: either the PC is wiped of an OS on resale and the original owner retains the license, or the license is propagated and the owner gives up his rights to it. He is probably paying the MS tax in replacing the PC anyway.

      Regardless of the mechanism, it is reasonable for makers of commercial software to be protected from unauthorized duplication of their licenses. Users should be expected to pay the full costs for their commercial software. Really, commercial-software piracy hurts free software the most. How pervasive do you think Office would be if every home user actually paid the full licensing fee for their home copy?

      "The more you tighten your grip, the more systems will slip through your fingers"

    69. Re:This is Quite Ridiculous by ediron2 · · Score: 1
      Windows XP is actually said to refuse to run

      I love this comment, because it hints at my stance on Windoze XP:

      I hear it won't run once the system's modded, but since I've never used it or installed it, let alone tried to mod an XP box, how would I know for sure.

      xyzzy-plugh

    70. Re:This is Quite Ridiculous by tannhaus · · Score: 1

      Yes, but if I don't have the original OS on the computer, they can't prove I ever clicked that I agree. I may very well have clicked I disagree and booted next time with a floppy and installed linux.

    71. Re:This is Quite Ridiculous by zer0*ryok0 · · Score: 1

      so far i have installed my windows95 OSR2 cd on 5 computers over the course of a few years.

      i might buy extra copies if they didnt cost an arm and a leg, and did not [imho] "suck ass" [/imho]

      --
      the only fact is that everything is an opinion
    72. Re:This is Quite Ridiculous by aweraw · · Score: 1

      And not only that, but didn't MS try to sue and Australian charity for reusing preinstalled software on donated machines?

      Yep... they were trying to sue a non-profit organization for giving away refurbished computers with Win 3.11 pre-installed to childeren who's familires would otherwise not be able to afford them. They tried to make the organization pay for each license, even though they don't even sell or support Win 3.11 anymore here in Australia. It might be just me, but, isn't the whole point of paying for a license to identify yourself for support purposes?

      Just goes to show that M$ really doesn't care about anything accept their profit margin (but thats been apparent for years, this is just a fine example).

      --
      5468652047616D65
    73. Re:This is Quite Ridiculous by Anonymous Coward · · Score: 0

      It's a "legal requirement" that you never FORMAT C: or FDISK?

      It's a "legal requirement" that a school turn down a perfectly good PC that originally came with Windows but now has Linux/GNU instead?

      ROFL

    74. Re:This is Quite Ridiculous by Tony-A · · Score: 2

      It's called FUD. Fear, Uncertainty, Doubt.
      When will your Microsoft Windows XP box go bonkers and refuse to run because it thinks too many things have changed? Or the next Microsoft worm/virus decides to mess with the product activation?

    75. Re:This is Quite Ridiculous by maxpublic · · Score: 3, Informative

      The only way in which this requirement could possibly be a legal one is if it is a condition of the licence agreement under which either the PC or the OS (or both) was purchased.

      And even so, this clearly isn't a legal requirement. Making such a claim stretches contract law beyond the provisions which can be upheld in court.

      Although not a lawyer in this or any previous lifetime, I spent a good many years immersed in contract law (among other things) while employed for the government. There are provisions for reasonable expectations, among other things, and this claim by Microsoft simply doesn't meet them. At most Microsoft could claim (and even this probably wouldn't pass judicial muster) that an OEM version of their OS could only be used with the purchased computer; they could not, under any circumstances, require that the OS go with the computer if subsequently sold or donated. If the OEM/hardware tie were to be ruled legal by the court at some later date then what you'd end up with is a useless copy of the OS as you wouldn't be allowed to install it anywhere after you gave away the old PC - but that's it.

      Microsoft doesn't make these absurd claims because they honestly believe they're legal. They make them because they know that it'll take a bucket of money to challenge them on it, money school districts (who're being audited and would have to provide the copy of the OS to 'prove' that it's in compliance) aren't willing to pay. Everyone could well be aware that the provision is ludicrous but MS would *still* try to enforce it and the defendent would *still* pay legal fees through the nose to fight it, as well as waste time and manpower. Given that our federal government has rolled over and presented both ass cheeks to Microsoft, it'd be silly for something as local and limited as a school district to make a challenge if MS demanded they buy additional licenses to comply with an audit.

      Besides, school districts in many places are strapped for cash and rely on MS 'donations' - with all strings attached - to provide at least some hardware and software. Even if the district won the battle they know they'd never again get anything from Microsoft or any of it's partners. And there's a real fear that Microsoft would find some other way to punish them; they've done it to competitors and (from the district's point of view) there's no reason to believe that they wouldn't find a way to express their vindictiveness with a school district that gave them problems or embarrassed them publicly.

      Remember, MS talks about the donator in their guidelines. But it's the audited school districts that'll have to come up with the 'proof' that the machine is in compliance, even if the compliance is a crock - and if the machine is running Linux and you have no copy of the OEM OS, you can bet MS'll throw a fit and blame the district, not the donator. The threat isn't against donations but whoever is receiving the donations.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    76. Re:This is Quite Ridiculous by Rogerborg · · Score: 2
      • they are not requiring them to KEEP the OS, they are requiring that if you have windows 95 installed on it, and you donate the machine, you are donating your copy of windows 95 and can't use it anymore

      That's not what they've said though. They've said that the OS (DOS in your example, with a GUI on top) must stay on the machine. You can't remove it. Or rather, they're saying that the school cannot accept a machine that has had the OS removed, and that they must demand all the media and license material as well.

      It's an utter crock, but that's what they said. Please don't apologise for them without even doing the basic reading.

      --
      If you were blocking sigs, you wouldn't have to read this.
    77. Re:This is Quite Ridiculous by jo42 · · Score: 1

      So you give the copy of Windows 2000, where the CD was used as a coaster, that came with the machine in the first place, but install FreeBSD. QED.

    78. Re:This is Quite Ridiculous by a+nonny+muss · · Score: 1

      Actually, the original software DOES have to stay with the original computer if it's OEM, BUT that doesn't mean it has to be used! You guys are all freaking out about nothing IMHO. All they're saying is the recipient of a donated computer is entitiled to the original OEM software (disks, manuals, certs, etc.) and the donator is not legally entitiled to retain those items when they transfer the hardware. And it's sad how many do. The same applies to selling a computer, actually. And it applies to OEM versions of apps as well as OSes. All of you who think MS is trying to coerce people into using their OSes on donated computers, please note the phrase "...it is recommended...." They are not threatening, but advising. Whether their advice is worth following is of course a completely different issue, but at least they are giving schools and others backup for negotiating for the license if they want it and it is not being offered.

    79. Re:This is Quite Ridiculous by Hyperfrog · · Score: 1

      I'm sorry, but my education is lacking in this particular area.. could you please enlighten me (as well as everyone else here)?
      Thanks.

      --
      Move faster
  4. WTF? by fobbman · · Score: 3

    "It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC."

    What the hell sort of scare tactic is that? Last I checked when I purchased a computer I could install whatever I wanted to on it.

    1. Re:WTF? by edrugtrader · · Score: 1

      YOU STILL CAN!

      RTFA.

      the article is simply saying that if you donate a computer with an OS on it, you are DONATING your license to that OS. the only evil M$ is doing is forcing you to either format or buy another copy of win 2000.

      --
      MARIJUANA, SHROOMS, X: ONLINE?! - E
    2. Re:WTF? by Fishstick · · Score: 1

      Isn't that just a backwards way of saying that the media that comes with a pre-installed OS can't be kept by the donor and potentially reused on another machine?

      Surely, if you wanted to throw the Win95 drive out and swap in another larger one and install a licensed copy of XP, MS would have no problem. As long as that 95 CD isn't still in the hands of the original owner, what difference does it make?

      But then, what if the donor doesn't have the original pre-installed OS CD? What if he wiped the drive, threw out his unopened CD and installed *gasp* another non-microsoft OS?

      Clearly, the school would not want to associate itself with some pinko-commie-unix-installing-freeloader-terrorist!

      --

      There is much cruelty in the universe, John.
      Yeah, we seem to have the tour map.

    3. Re:WTF? by Olinator · · Score: 1
      "It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC."

      To my non-lawyerly eyes, that looks a hell of a lot like legal advice that deliberately misstates the law. Isn't there some sort of sanction that can be brought against an entity that knowingly lies about the law? If nothing else, would a cause of action exist under 18 US 1001 (a) (3)?

      Ole
    4. Re:WTF? by DragonMagic · · Score: 2

      Actually, some of us did read the article, did you?

      To quote:

      If you feel it is in the best interest of your school to accept the donated PCs, make sure that the hardware donation includes the original operating system software. Keeping the operating system with the PC is not just a great benefit - it is a legal requirement.

      And you don't see this as MS saying it's illegal to accept the PC without its proper OS? *coughs* Never mentions whether the donation is OS/2, or Linux, or BSD, or BeOS... Just assumes it'll be MS, and makes a blanket statement based on that.

      Some of us did read it. Thanks.

      --

      Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
    5. Re:WTF? by jedidiah · · Score: 2

      No, you read the f*cking article you moron.

      There is no legal obligation for educators here. If there was a mythical OEM license associated with a particular bit of hardware, it is still associated with that hardware when it is given away.

      The only party here that could be guilty of piracy is the person doing the donating. This page is not directed at donors but ignorant school administrators.

      Legally, any computer sold by an OEM subject to forced licensing should have an OS license associated with it that corresponds to the time it was sold and whatever Microsoft's main OS product was at the time. Documentation shouldn't even be necessary. If you've got a Dell from Dec 1995 then you should be able to legally assume that there is an OEM Win95 license associated with it.

      Actually, this would have been a nice anti-trust remedy: anyone that purchases a PC from an OEM that has an exclusive WinDOS contract has right to use subsequent versions of that force-bundled software with that particular machine in perpetuity.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    6. Re:WTF? by ethereal · · Score: 5, Informative

      The Microsoft statement is that the preinstalled OS must remain with the machine throughout its lifetime. This is not true.

      It is true that the OEM copy of the OS that came with the new machine is only licensed for use on that machine. Therefore, if someone donates you the machine, but not the OS, then you can't use the OS and neither can they. There is no requirement that the OS stay with the machine, though.

      Microsoft is making false claims here in their efforts to simplify the matter.

      --

      Your right to not believe: Americans United for Separation of Church and

    7. Re:WTF? by Carpathius · · Score: 1

      I read it as well. If you include the original install/restore disks, then you're including the original operating system software, *regardless* of what OS is installed on the PC.

      So, no, the PC doesn't have to still be running the originally installed OS.

      While couched in terms chosen to scare institutions in only accepting PCs with Windows on them, the *legal* requirement is that all software received with the PC is transfered with the PC. (Well, maybe not *all*, anymore -- wasn't there a court case saying the user could unbundle software and sell it?)

      Sean.

    8. Re:WTF? by Anonymous Coward · · Score: 0
      Ha ha, you criminal. The Microsoft Police are coming to find you because you dare install something other than the original operating system on your computer.

      Be nice to Bubba when you're in jail and he won't be so bad. :)

    9. Re:WTF? by DerFeuervogel · · Score: 2

      Keeping the operating system with the PC is not just a great benefit - it is a legal requirement.
      Isn't it illegal for them to say this if it isn't true?

    10. Re:WTF? by Anonymous Coward · · Score: 0

      The way they say this makes it sound like it's illegal to throw away the OEM license.. Which is the entire intent of that page, to spread FUD and misinformation.

      You know, the people reading that isn't lawyers. They don't know their rights. They come to the page to learn how to accept donated computers and are served this crap.

      Now, if people fall for it, maybe they deserve it. But it's still crap that makes Microsoft look ugly and ridiculous.

    11. Re:WTF? by Anonymous Coward · · Score: 0

      I can't believe losing the OEM license and installing Linux or Win2k is illegal, as you seem to imply. Not every OS installation is an "upgrade".

    12. Re:WTF? by Anonymous Coward · · Score: 1, Funny

      If your install your own OS, legally speaking, that is considered "Reverse Engineering" the "Windows Computer"

      This is clearly illegal under the DMCA

    13. Re:WTF? by lamont116 · · Score: 1

      Section 1001 was originally enacted in response to a plethora of false claims (for money) made to the federal government, and since that time it has been warped to apply to criminal defendants who falsely proclaim their innocence to FBI agents during questioning. (Tip: if you are accused of committing a crime, let your lawyer do the talking). It only applies to statements made to the federal government (i.e., "officers" of the federal government), not to state or local authorities.

    14. Re:WTF? by DragonMagic · · Score: 2

      Nope, sorry, as far as I'm aware, the only real OEM license out there *IS* microsoft's, and if they say that the original OS that comes with a system is legally required to transfer when the system is donated, they're talking about Microsoft.

      --

      Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
  5. Oh yeah!! Keep Win in the Box!! by blankmange · · Score: 3, Informative

    I can understand their point -- that specific PC is licensed with that specific copy of Windows. How many schools will read this and treat it as gospel, however? Hopefully, not many. As a gov't agency, our PC's are completely wiped prior to donation -- it is our policy. Keeping Win in the box does teach kids how to reboot, though...

    --
    ...we are from the government - we are here to help...
    1. Re:Oh yeah!! Keep Win in the Box!! by edrugtrader · · Score: 2

      they are NOT forcing you to keep win on the box.

      just that if you DO keep win on the box, you are donating your license to that copy.

      (getting very frustrated...) RTFA.

      --
      MARIJUANA, SHROOMS, X: ONLINE?! - E
    2. Re:Oh yeah!! Keep Win in the Box!! by parliboy · · Score: 1, Flamebait
      Q. Why should a donor include the operating system with their PC donation?

      A. It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC.

      If you donate the computer, the OS has to come with it. Furthermore:

      PC owners have to transfer their license rights to the operating system to your school along with the PC.

      And:

      Microsoft recommends that educational institutions only accept computer donations that are accompanied by proper operating system documentation. If the donor cannot provide this documentation, it is recommended that you decline the donated PC(s).

      I did RTFA. Now, STFU.

      --
      "You're never ready, just less unprepared."
    3. Re:Oh yeah!! Keep Win in the Box!! by jedidiah · · Score: 2

      You should be more frustrated that your reading comprehension skills are so poor. Microsoft is doing it's best on the website (this is a Microsoft propaganda website, not an "article") to convince educators that accepting a "naked PC" is a legal liability.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    4. Re:Oh yeah!! Keep Win in the Box!! by seann · · Score: 1

      I worked for "Computers For Sschools" and when we got new computers from banks, canadian tire, drug dealers, univeristys, etc, our policy was to wipe the harddrive clean with stright 0's, three times. After that, we'd install "New Deal" on them. It was up to the school to put an operating system on (unless they asked us nicely, I do believe, and had the appropriate licenses). The thing is, when a bank gives away their computers, they DO NOT keep windows 95/98/NT installed, they most likely either throw the harddrives out at the nearest old womens head, or erase it (sometimes just deleting the mbr.. .. .. I'm a good boy).

      Anyhoo, this whole "preinstalled operating system must keep" thing worked out to be a pile of shit here. However, we sometimes used the operating systems they donated, like when windows 95/98 was still boxed in with selapane we kept it as ours, because it was donated.

      --
      I'm a big retard who forgot to log out of Slashdot on Mike's computer! LOOK AT ME.
    5. Re:Oh yeah!! Keep Win in the Box!! by thomas.galvin · · Score: 1

      A. It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC.
      If you donate the computer, the OS has to come with it.


      NO IT DOES NOT.

      You loose the rights to that OS when you sell it/give it away BUT YOU DO NOT HAVE TO TRANSFER THOSE RIGHTS TO ANYONE. Microsoft is mistaken or lying.

    6. Re:Oh yeah!! Keep Win in the Box!! by Anonymous Coward · · Score: 0

      > PC owners have to transfer their license rights to the operating system to your school along with the PC.

      This is wrong. That PC can be wiped completely clean, or can be donated with a different OS on it. The docs, etc for the newly installed OS would need to come with the PC - the original OS is now useless to the new PC's owner.

      What *does* happen, though, is that neither the original owner of the OEM OS installed on that PC, nor the receiver of the donated PC, can use that original OEM copy of the OS since it was only licensed with that PC.

      The above says NOTHING about what OS can be on the machine when it's donated. PC owners are under NO obligation to transfer the OEM OS license along with the PC. It may well be a courtesy to do so, but it is Not Required.

      I'm certain Microsoft would like us all to believe we have no choice but to keep the OEM OS with the PC, but that's simply not true.

    7. Re:Oh yeah!! Keep Win in the Box!! by parliboy · · Score: 1

      I know this. You know this. MS even knows this. I was responding to the guy who kept spouting RTFA. I guess this is what I get for setting my default as Nested...

      --
      "You're never ready, just less unprepared."
    8. Re:Oh yeah!! Keep Win in the Box!! by thomas.galvin · · Score: 1

      Well, then you have my appologies. I was respnding to everyone who seemes to think that a law was suddenly passed that forced you to pass on everything that came with the computer when it comes time for you to get rid of it. You (at least apparently) were the tenth or so post I read about this, hence my, er, turse response. No hard feelings, I hope...

    9. Re:Oh yeah!! Keep Win in the Box!! by maxpublic · · Score: 2

      they are NOT forcing you to keep win on the box.

      "It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine."

      Re-read the above sentence and tell me that to the average person this doesn't mean that Windows has to stay on the machine for so long as it's being used.

      Explain to me how a school district - the folks who're going to be audited, not the donator - is going to have the balls to ignore this, knowing that MS will demand that they present the OS (CD, license) if they find a machine running Linux. You do know that MS will blame the district, not the donator, don't you? That's how things work in the real world.

      Without a copy of the license and the CD MS will claim that the district is violating the license and must purchase additional copies of the OS. They're doing this to school districts already, a practice that has resulted in my own district hastily purchasing extra licenses of all MS software in preparation for the dreaded, 'inevitable' audit.

      Districts don't have the time, money, or inclination to challenge MS no matter how ridiculous the guidelines. And why should they? If the federal government will fold in the face of Microsoft (no matter what the reason), what chance do they stand against the behemoth? And why would they try, since any win means no more 'freebies' from MS or it's partners ever again?

      If you need any further proof of how a monopoly can adversely affect everyone, not just MS competitors, you have it right here.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
  6. FUD by vrmlguy · · Score: 4, Funny
    I especially like the bit where they say that schools should decline any computer that doesn't come with the original media.

    "Hey, I want to donate this computer for the school's Beowulf cluster."

    "Do you have the original disks that came with it?"

    "Err, no."

    "Sorry, I can't accept it."

    --
    Nothing for 6-digit uids?
    1. Re:FUD by edrugtrader · · Score: 1, Troll

      i give up...

      yes, microsoft is forcing all school children to use windows. they are evil evil sadistic people. you can NOT donate a PC unless it has windows on it.

      sigh. /. you have disappointed me.

      --
      MARIJUANA, SHROOMS, X: ONLINE?! - E
    2. Re:FUD by Anonymous Coward · · Score: 0

      Fun fun fun
      In the sun sun sun
      Fun fun fun
      In the sun sun sun
      Yeah!

    3. Re:FUD by The+LowTech+Swede · · Score: 1

      Finally you get it ;-)

    4. Re:FUD by 56ker · · Score: 2

      What if the "original" OS is Linux - and was downloaded from the web? Then there'd be no installation disks. Methinks this is Microsoft up to their old tricks again. Just the original disks are no guarantee anyway - I've seen some very convincing fake Windows OS CDs in my time - in fact if I hadn't been told I wouldn't have known they were fake they were that convincing!

    5. Re:FUD by Anonymous Coward · · Score: 0

      Smegging wonderful.

    6. Re:FUD by magnwa · · Score: 1

      Actually.. Federal and state laws within the united states state that all computer equipment must come with original media in the sale. Same things go with transportation vehicles, major appliances, etc. So.. heh.. that might be a legal thing.

    7. Re:FUD by Anonymous Coward · · Score: 0

      This does make it interesting. Speaking from the school point of view, if someone donates a machine without the operating system, to be legal I need to purchase a license for that machine. MS is hitting us over the head with this, but more eloquently put...if someone donates a low end Pentium machine with the O.S. By the time that I fix anything that is wrong (hard drive, add a NIC etc) and spend money for an Windows OS, I may have spent just slightly less than a new machine. Unfortunatley, MS doesn't want the schools to come to their own decision they try to make it for them. For me...I try to be creative and use Open Source. Everyone is happy then.

    8. Re:FUD by vrmlguy · · Score: 2
      Who told you that "Federal and state laws within the united states state that all computer equipment must come with original media in the sale."? I've bought and sold lots of computer equipment over the years, and this is the first time I've ever heard of such a thing.

      You also say, "Same things go with transportation vehicles, major appliances, etc." Are you sure you haven't been smoking something? So far, at least, vehicles and appliances don't come with "media". They do come with owner's manuals, but even so I seriously doubt that there are any laws anywhere saying that you can't sell them without the original documentation.

      --
      Nothing for 6-digit uids?
  7. Upgraded OS? by B1 · · Score: 2, Interesting

    What if the machine had its original OS upgraded? For example, the original machine came with the OEM Win95, but then was upgraded to Win98? Can't you donate the Win98 license along with the machine and its original license?

    Also, what if the machine is donated with a non-MS operating system, or for that matter, no operating system at all?

    1. Re:Upgraded OS? by hardaker · · Score: 2

      I'm sorry, but you'll simply have to downgrade your OS before donating it. I'm going to go donate a machine today and remove windows and put back on the original DOS I guess. The schools will like that better, according to Microsoft.

      Or maybe I'll go donate a machine and put OS/2 back on it instead of windows.

      Disclaimer: the author doesn't actually have a machine that ever had DOS or OS/2 installed.

      --
      The next site to slashdot will be ready soon, but subscribers can beat the rush and start slashdotting it early!
    2. Re:Upgraded OS? by blixel · · Score: 1

      What if the machine had its original OS upgraded? For example, the original machine came with the OEM Win95, but then was upgraded to Win98? Can't you donate the Win98 license along with the machine and its original license?


      Of course you can.

      Also, what if the machine is donated with a non-MS operating system, or for that matter, no operating system at all?

      Psh... isn't it obvious? You buy a new copy Windows and send that with the PC.

      Sheesh...some people...

    3. Re:Upgraded OS? by Fishstick · · Score: 1

      But is the upgrade any good without the license for the previous version? (I'm not saying Microsoft is right, just asking.)

      If your computer came with 95, and you upgraded to 98 with the $89 upgrade version (not the full version), the installer asks you to insert the 95 CD at some point, doesn't it? (been such a long time since I've done anything like that)

      Point is, they want you to supply the media and COA that came with the box.

      >what if the machine is donated with a non-MS operating system, or for that matter, no operating system at all?

      Well, obviously they prefer that you don't take stuff like that. They can publish all the guidelines they want, it's good for a laugh. When they start coming after schools that have accepted PCs without valid Windows licenses, then I'll get all huffy.

      --

      There is much cruelty in the universe, John.
      Yeah, we seem to have the tour map.

  8. Alternative guide! by sofar · · Score: 5, Interesting

    We should write an alternative guide and provide these to schools!

    Here's some ideas:

    - You are under no obligation to accept any software, hardware or other parts provided.

    - You may refuse any (software) licenses donated since you have not accepted them.

    - You are free to reinstall any software to the machines provided that you aqcuire valid licenses for this software

    - etc.

    1. Re:Alternative guide! by purplebear · · Score: 1

      This is actually quite a good idea. Of course, the hard part would be getting it distributed out to schools and having them believe it since it did not come from the mouth of Redmond.

    2. Re:Alternative guide! by pubjames · · Score: 5, Interesting

      Great idea.

      You could actually use Microsoft's attitude against them. You could say that if a donated PC has a Microsoft Operating system, and does not come with all the necessary licences, the cheapest thing to do would be to install linux and free open source software packages on it Say that Microsoft might take legal action against you if you don't have the licences, so it's safer to install non-Microsoft software?

    3. Re:Alternative guide! by MrSpock · · Score: 1

      They aren't saying that the school has to _run_ the OS that came with the computer. They're saying that when you buy an OEM computer that comes bundled with an OS, the OS license is for that computer and that computer alone, and must transfer ownership along with that machine.

    4. Re:Alternative guide! by kiwimate · · Score: 1, Troll

      Disclaimer: this is not a rant against the original poster to whom I'm replying. It's a rant against every idiotic /. user who needs to learn how to read and understand. Next time, read the article and use your alleged brains.

      - You may refuse any (software) licenses donated since you have not accepted them.

      This isn't the point. Apparently the simple rules aren't stated explicitly enough for the typical /. reader (or maybe they are, but hey, we can go into MS-bash mode -- who needs to worry about trivial things like facts?).

      The point is...

      I have a computer with a pre-installed version of Windows. It's a package deal. This Is Significant And Important (TM). I donate the PC to a school. The Windows license must accompany it.

      * They don't have to use the software; they just have to keep it attached to the PC somehow. They can stick it in a library and run any OS they like on the PC. However, they have the license, and so that brings us to...

      * I no longer have the license to that pre-installed version, and so can't keep the media and install the OS on another brand spanking new PC I buy to replace my old PC that I've just donated.

      The second point is the crux. I got the pre-installed OS as a part of the PC package, therefore I can't split it up when I donate the hardware. Ergo, I have to legally acquire a new OS for my next machine, whether it be a legitimate copy of XP from Dick Smith's CompUSA or a downloaded Linux ISO. Moan about the whole I-want-to-be-able-to-buy-a-Hewlett-Dell-Gateway-PC -without-paying-the-MS-tax if you like (I do), but for crying out loud get the story straight. Pretty please.

    5. Re:Alternative guide! by JordoCrouse · · Score: 1

      Mod this parent up! He's the only one that understands whats going on here.

      --
      Do you have Linux and a DotPal? Click here now!
    6. Re:Alternative guide! by sofar · · Score: 2

      Umm, lemme dig this out some more:

      - The donating party, when donating the PC, for which he has accepted the license, ends his license agreement with Microsoft at the moment his ownership of the donated ends. Therefore Microsoft has no legal agreement with the donating party after donation, unless the donating party retains some licensed parts from the system.

      - The receiving party receives a system for which formerly applied a microsoft license, however, since they are under no obligation to accept any license by a third party in an agreement, they can decline the licenses of the software and use the system with software/licenses of their liking. Transferral of the ownership of the system completely disregards microsoft.

      - Concluding, the donating party has to abide by his license with microsoft for as long as he lives, therefore he must keep the software with the PC as long as he is the owner. After termination of his ownership, the PC is free of license at convenience of the receiving party.

      Whenever you purchase/get donated something, you are not automatically bound to any agreements from the former owner. These agreements must be made again and can be declined at will.

      but again, this is afaik...

    7. Re:Alternative guide! by DahGhostfacedFiddlah · · Score: 1

      I'd say a better example of using Microsoft's attitude against them would be

      - It is illegal to accept a computer with the original operating system still on it. You must either purchase a new version of the operating system, or download a free one

      Contains about as much true legal information as anything on their own website.

    8. Re:Alternative guide! by curunir · · Score: 5, Insightful

      I have a computer with a pre-installed version of Windows. It's a package deal. This Is Significant And Important (TM). I donate the PC to a school. The Windows license must accompany it.

      If that were what Microsoft was saying, they might have a point...but when they say:

      It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. (first sentence of the first answer in the Q & A section)

      They *are* being intentionally vague. It would be one thing for them to say, "A pre-installed operating system cannot be used on a different computer if the original computer is donated." The way that they've stated it makes it seem that installing a non-MS OS on a donated computer is illegal.

      Microsoft is more than capable of constructing sentences that are anything but vague (ever read one of their EULAs?). The fact that they're not doing it here shows that they are intentionally trying to mislead people.

      --
      "Don't blame me, I voted for Kodos!"
    9. Re:Alternative guide! by catalina · · Score: 1

      Mod this parent up! He's the only one that understands whats going on here.

      No - although he explains what the licensing actually requires, the point is that MS's statement is intended to lead someone to believe that they may only run MS on a particular box. The way they phrased it is factually incorrect, but they're counting on the probability that people will misinterpret the statement, and assume that only MS may be run on a box that was originally MS.

    10. Re:Alternative guide! by bucephalis · · Score: 1

      The point is...

      I have a computer with a pre-installed version of Windows. It's a package deal. This Is Significant And Important (TM). I donate the PC to a school. The Windows license must accompany it.

      ...Uhm....Why couldn't I wipe the HD and throw the CD in the trash? What is it that magically requires the OEM software to accompany the hardware to the end of it's days?

      What is the law that says if someone gives me a hard drive, the cannot have wiped it first?

      (continued use of the OEM software might violate the license, but note that I said "throw away").

      Try to use little words, as I'm a typical /.er...

    11. Re:Alternative guide! by gotan · · Score: 5, Informative

      I have a computer with a pre-installed version of Windows. It's a package deal. This Is Significant And Important (TM). I donate the PC to a school. The Windows license must accompany it.

      I don't know if that is so under US-Law, but in germany software can (still) be "debundled" from a PC, so you can sell your OEM-Windows independent of the computer. All the EULA-stuff simply doesn't apply, since the customer makes his contract when he buys the software, and not when he opens some shrinkwrapped package. Thus the software is covered by basic copyrights (which does well enough IMHO) but no more. AFAIR there was even a court ruling for this, basically saying, that Microsoft has no say in how a software is sold on, once it's sold. There was even a case of an assembler buying used licenses.

      Note that the case isn't so easy if you have to fiddle with copyright-protections (like those BIOS-locked HD-recovery w/o proper windowsmedia), but if you have a full windows install disk it shouldn't be a (legal) problem. Another thing is, that Microsoft doesn't really "license" their software here, since then they'd have to guarantee that it works properly (and Microsoft wouldn't want that). I don't know if similar law applies in the US, but then they could always lock the software to the PC and make it a DMCA-case ...

      --
      "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
    12. Re:Alternative guide! by Dr.+Awktagon · · Score: 3, Insightful

      I have a computer with a pre-installed version of Windows. It's a package deal. This Is Significant And Important (TM). I donate the PC to a school. The Windows license must accompany it.

      So another equally valid requirement would be: Please wipe the hard drive of any hardware that is donated to you, unless you have the license for all the software.

      I don't think Package Deals(tm) require you to keep everything together if you donate it. Think of, say, a printer that came with the computer.

      IANAL, but if you're not re-selling it, I'd imagine you don't have to keep the package deal together. Maybe under trademark law you have to keep it together when reselling it on eBay or something, but you're not reselling, you're donating.

      I got the pre-installed OS as a part of the PC package, therefore I can't split it up when I donate the hardware.

      Sure you can. If you believe that software "licenses" are really binding (which a cash-strapped school probably would do), then you can wipe all copies of the OS, destroy the media and license, and donate the computer with no OS.

      If you don't believe licenses are binding, then you can keep your OS and do whatever you like with it, as long as you wipe the hard drive of the donated machine.

      So in summary it should be okay to:
      1) donate a naked PC, or
      2) donate a PC filled with proprietary software, as long as each license is transferred.

    13. Re:Alternative guide! by CaseyB · · Score: 2
      I donate the PC to a school. The Windows license must accompany it.

      They can't possibly enforce that. You are free to do whatever you like to that copy of Windows, including destroy it. What the license implies is that you can't dissociate the license from the machine such that you can use the license on another machine. That is entirely different.

      You're not compelled to include the OS, you're simply prohibited from using it on another machine.

    14. Re:Alternative guide! by Auckerman · · Score: 5, Informative
      "The second point is the crux. I got the pre-installed OS as a part of the PC package, therefore I can't split it up when I donate the hardware."

      This is just not true. Not in any way. Right of first sale says I can do ANYTHING i damn well please with a physical item I purchased. If I want to take the computer apart and sell each individual circuit, I can. That includes not including origional license to the OS that came with it.

      Lets think about what a "license" is. A license gives the licensee the right to copy the software. Simple, eh. There are two things to note here. If the owner NEVER copies the software, they have never been bound to a license terms (in theory anyhow). The ONLY time a user copies the software is on the OS install. If the user, as per the License Agreement, decides that they no longer accept the license agreement, it is null and void.

      Meaning quite simply, there is no necissity for me to ship my PC with the original software, as per the right of first sale. Even if somehow the License "forces" the individual to transfer the license, the person to receives the hardware without the license has no broken no law.

      --

      Burn Hollywood Burn
    15. Re:Alternative guide! by doozer · · Score: 1

      No, your wrong.

      I _NEVER_ have to include the pre-installed software with the pc. However, once I have donated it, the people I donate
      the pc too are the only ones who can use it.

      I can destroy the software, and send them a blank machine with no OS whatsoever. I can send them a pc with Linux/*BSD on
      it, or I can send them the Windows it came with. Whichever I choose, I can't continue to use the Windows myself. I must
      give the cd's/backups/docs to the people I donated it to, or I must destroy them.

      But I don't have to donate it with the pre-installed os.

    16. Re:Alternative guide! by RailGunner · · Score: 1
      And to make it even easier, provide links to ISO images of every major Linux distros, and FreeBSD, and every other free OS.

      Which leads me to another idea. Red Hat or another large distro ought to donate a bunch of CD's to schools.. especially if those schools offer any kind of intro programming course. Sure, Visual Studio is a nice IDE, but it's overkill when you're still trying to grasp the concept of a pointer. KWrite and g++ work just fine for 1st year or high school CS students..

    17. Re:Alternative guide! by Anonymous Coward · · Score: 0

      Didn't the RIAA / MPAA make right of first sale illegal a while back? Isn't that piracy... er, I mean, terrorism now?

    18. Re:Alternative guide! by bgarcia · · Score: 2
      Good trolling. I can't believe the moderators fell for this crap.
      I have a computer with a pre-installed version of Windows. It's a package deal.
      There is no law stating that I cannot unbundle a package deal before reselling the components. It's perfectly legal to donate a PC without including the original OS, and it's perfectly legal for someone to accept a donated PC without the original OS.
      I no longer have the license to that pre-installed version, and so can't keep the media and install the OS on another brand spanking new PC I buy to replace my old PC that I've just donated.
      Partially correct. I cannot install the OS on another PC, but there is NOTHING preventing me from keeping the media. In fact, most microsoft EULAs prohibit you from transferring the license, so once you sell the computer, NOBODY can use the OS legally!!!!!
      It's a rant against every idiotic /. user...
      Welcome to the club.
      --
      I'm a leaf on the wind. Watch how I soar.
    19. Re:Alternative guide! by poot_rootbeer · · Score: 3

      I have a computer with a pre-installed version of Windows. It's a package deal. This Is Significant And Important (TM). I donate the PC to a school. The Windows license must accompany it.

      NO.

      When you donate the PC to the school, you are free to format the hard drive (I'd recommend it), tear up your holographic Windows license certificate, and stick your Win install CD in the microwave for half a minute.

      Your post was abrasive and contained falsehoods... any reason we shouldn't consider it to be Flamebait?

    20. Re:Alternative guide! by sofar · · Score: 2

      ***for the life of the machine***

      This leaves the question of what a machine is. If you consider a machine just the hardware without the software, then we're done, but if a machine includes any installed software, and the software is considered a substantial (even required) component, then it's life will end as you bash>fdisk /dev/sd0. This leaves a LOT of options open!

    21. Re:Alternative guide! by austus · · Score: 1

      Actually, you're just plain wrong about your "crux" point. If a computer comes with an operating system without the accompanying license, a school is more than entitled to promptly format the hard drive, put an alternative "legally licensed" operating system on it, and accept the PC. They would be legally required to do this if they want the computer to be useful for computing, otherwise they could just format the hard drive, open it up, and put it on display. But the assertion that a preinstalled OS does has to accompany a machine for its lifetime is completely false. That's a complete lie that Microsoft would love to make people believe. It's obvious you've bought that lie hook, line, and sinker. That is simply sad.

      How the hell did your post get modded up? I guess there's no accurate accounting for lack of critical thought.

    22. Re:Alternative guide! by Anonymous Coward · · Score: 0

      Finally someone who really gets it..

      Seems pretty monopolistic and illegal to require you to NOT THROW THEIR PIECE OF GARBAGE OS IN THE BIN altogether.. Since when could corporations decide what I do with what I buy fair and square? Wether I'm "allowed" to throw it in the garbage or not? They have absolutely no right to require to see a CD whose installation I've wiped away. If they don't get it, screw them. Let them live in their own filth, don't do what they say. When it's illegal to throw away your OEM-OS, only outlaws will throw away theirs.

      So if I lose the OEM-CD (if I ever got one), then I suddenly don't own my computer? It doesn't even help to buy a brand new Windows XP license? Sick..

      I have very strong doubts their claims would stick in court, but they obviously spend an enormous amount of energy to convince people this is how the world works.

      To the guys screaming about RTFA: We all did. You just didn't get it that we "got" it.. AND it's very easy to misinterpret their wording, especially if you browse the page looking for advice (if you're a clueless, naive fuck).

    23. Re:Alternative guide! by dyslexia · · Score: 0

      http://www.kdevelop.org

      --
      --Have a Johsonville brat.
    24. Re:Alternative guide! by hotgrits · · Score: 1

      If you consider a machine just the hardware without the software ... then it's life will end as you bash>fdisk /dev/sd0.

      Is this where zombie processes come from?

    25. Re:Alternative guide! by thomas.galvin · · Score: 1

      * They don't have to use the software; they just have to keep it attached to the PC somehow. They can stick it in a library and run any OS they like on the PC.

      For one, they do not have to do anything. For another, the entity donating the PC is under no obligation to give the software to the new users. They loose the rights to the software themselves, but if they choose to destroy the CDs, etc, that is all well and legal.

    26. Re:Alternative guide! by esper · · Score: 1

      The ONLY time a user copies the software is on the OS install.

      You are, sadly, incorrect. All of this EULA stuff was started by a court buying into the argument that, without a license agreement, running software is a copyright violation because the computer must copy the software from disk into memory.

      IOW, you're "copying" the software every time it runs. (And every time it gets swapped out to disk or back into RAM, for that matter...)

    27. Re:Alternative guide! by msaulters · · Score: 2
      This really sounds a lot like the MS attitude on bundling IE with Windows. Interesting parallel... You can't take IE out of Windows, you can't take Windows out of the PC. Of course, you *CAN*, but they're going to continue to insist that isn't possible.
      ***for the life of the machine*** This leaves the question of what a machine is. If you consider a machine just the hardware without the software, then we're done, but if a machine includes any installed software, and the software is considered a substantial (even required) component, then it's life will end as you bash>fdisk /dev/sd0. This leaves a LOT of options open!
      --
      These people looked deep into my soul and assigned me a number based on the order in which I joined.
    28. Re:Alternative guide! by WotanKhan · · Score: 2, Insightful

      That is not a vague statement. It is a very specific threat. It very clearly states that the pre-installed operating system must be bundled along with an accepted gift machine, otherwise the recipient is subject to legal action.

      It is also as incorrect as it is clear. I don't doubt that it is caused by a misunderstanding on the part of the composer of the statement, but isn't there a legal obligation to get these kinds of threats right?

    29. Re:Alternative guide! by Magila · · Score: 1

      I was under the impression copyright law stated that it is legal to make copies of copyrighted material for personal use. I would think copying software from the disk to RAM qualifies as personal use.

    30. Re:Alternative guide! by sharkey · · Score: 2

      It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine.

      Ironically, I just attended the MS License Briefing this morning. What they mean is, the OS license is tied to the PC, specifically the systemboard (his words). When you sell/donate/get rid of the PC, the license must go with it. You donate, the license gets donated. You trash the PC, you have to trash the license. Period.

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    31. Re:Alternative guide! by Rampant+Atrocity · · Score: 1

      my guide:

      1. accept computer graciously
      2.

    32. Re:Alternative guide! by Citizen+of+Earth · · Score: 1

      You are free to reinstall any software to the machines provided that you aqcuire valid licenses for this software

      All that Microsoft really needs to do, if this is not already the case, is to make a condition of any site license they give to schools that they may only install the licensed software on computers that were donated that came with a Microsoft OS and included complete media and documentation. One would presume that a school would want to make all of their PCs have consistent software installed on them, including the site-licensed OS.

      One can imagine a caricature of Darth Vader choking the life out of a school child and saying "I find your lack of a pre-installed MS-OS license distrubing." It's difficult to be too cynical; I hope that I haven't insulted George Lucas by this comparing Darth Vader to Microsoft.

      MS is free to include any provisions it wants in its school site licenses, such as disallowing "viral-licensed software" anywhere at the school, or whatever the derogatory term for free software is this week. This could land them in more anti-trust hot water, but the courts have already demonstrated themselves to be impotent, so what is the risk?

    33. Re:Alternative guide! by Anonymous Coward · · Score: 0

      KDE is a big bag of shit.

      GNOME is where it's at: Anjuta.

    34. Re:Alternative guide! by Anonymous Coward · · Score: 0

      > It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine.

      However, the statement as they have presented it is legally wrong, regardless of your interpretation. It is a legal requirement of the license that the pre-installed OS can only be used on the PC on which it was originally installed.

      Nothing says that I can't keep those original OEM OS disks after I've donated the PC - I simply can't ever (legally, and if they're recovery CDs, practically) install and use the OS on those disks on another PC that I get.

      Nothing says that I can't accept a PC, with an installed OS, but without the original licensework, disks, etc. However, since I don't have the licensework, etc, I can't use that copy of the OS - if I'm following the license, I am obligated to wipe the OS off that PC.

      In neither of the above scenarios have I violated the original OS license unless I actually use the software - possession alone is NOT a violation.

      If Microsoft actually meant to say what you believe they meant to say, they're certainly fluent enough in English to have stated it that way. So, I don't buy your explanation for their statement.

    35. Re:Alternative guide! by ebyrob · · Score: 2

      It is.

      The real problem arose in a room full of system integrator lawyers and content provider lawyers. You see it's illegal to make such copies on someone else's behalf. Which is exactly what a hard-drive, CD-Rom or operating system does in order to execute programs.

      This was the root evil behind the DMCA.

    36. Re:Alternative guide! by ebyrob · · Score: 2

      If the owner NEVER copies the software, they have never been bound to a license terms

      Actually, since copyright has always allowed a user of copyrighted material to make back ups and other copies for their own personal use. No license is required to do whatever with software anyway.

      "Software Licensing", "Digital Rights Management" or whatever corporate america is trying to push into legislation is something entirely different than copyright, and quite frankly isn't law yet. However, it's getting closer every day.

    37. Re:Alternative guide! by curunir · · Score: 2

      That was exactly my point. While it may be perfectly valid to say that the MS OS license cannot be used independant of the machine that it came with, it is not valid to say that the machine cannot be used independant of the OS that it came with. The way they word their sentence does not make this distinction (thus my assertion that it is intentionally vague).

      --
      "Don't blame me, I voted for Kodos!"
    38. Re:Alternative guide! by Anonymous Coward · · Score: 0

      Offtopic...

      I think I just might move back to germany. :D

      I'd have to learn German though, considering there isn't a bunch of American soldiers there anymore. I'd kinda like to see the post wall Berlin. I wonder if the prices for PECO trains are still good...

    39. Re:Alternative guide! by Anonymous Coward · · Score: 0
      IANAL (of course), but it seems to me it can be debundled in the US too (except in certain states). On the other hand, no one does because no one wants to spend $1e100 defending against Microsoft when they sue over it...

      Besides which, if MS did lose the court case they'd just spend more money trying to get UCITA to pass in more states.

    40. Re:Alternative guide! by Daengbo · · Score: 1

      You're leagle advise wood hold moore wait if you spelled any of you're homofones write. Dan

    41. Re:Alternative guide! by roie_m · · Score: 1

      3. Profit!

  9. in some countries... by Anonymous Coward · · Score: 0

    I it mandatory to ship an OS with a computer... but not the original... so... Linux/BSD (or anything like those) is the solution!

    1. Re:in some countries... by Anonymous Coward · · Score: 0

      But Microsoft wants you to be their Beotch!

  10. Workarounds by stoolpigeon · · Score: 3, Interesting

    If this 'must keep originally installed OS' were a law (and I cannot for the life of me imagine that it is) there would be plenty of workarounds.

    One would only need to find out what constitutes the PC. Is it the processor, the case, the hard drive? Whatever it is - change that so that you no longer have the original PC. Then install whatever you want on it.

    I'm sure there are many more ways around such a thing.

    .

    --
    It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    1. Re:Workarounds by Anonymous Coward · · Score: 1, Funny

      You're implying that machines are modular. But it is impossible to build a modular computer, just as it is impossible to create a modular OS.

  11. This cannot be true by smagruder · · Score: 2
    It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC.

    This is one of the most outrageous, egregious things I've ever seen Microsoft spew out of its venomous corporate lips. Please tell me this is not true. If it is a legal requirement, then the law must be changed.

    --
    Steve Magruder, Metro Foodist
    1. Re:This cannot be true by dnaumov · · Score: 1

      I'm saving this on my harddrive. RIGHT NOW.

    2. Re:This cannot be true by Anonnymous+Coward · · Score: 5, Funny

      Of course it's outrageous and egregious! But then, taking legal advice about software licensing issues from Microsoft is like taking airline safety advice from Osama bin Laden.

    3. Re:This cannot be true by Paul+Neubauer · · Score: 2, Insightful

      I suspect what is meant is that the OS supplied with the machine is not meant to go anywhere but on that machine. As for force of law, that seems dubious. Why shouldn't anyone be able to move it to another machine, provided they remove it from the first?

      What should be said, rather than what is said, "If you are going to put a commercially licensed OS on a computer, or are given a computer with a commercial OS, you must have a valid license for that instance of that OS." Of course, they didn't say that. They said something far sillier instead.

      --
      I don't subscribe to RMS's GNUtopian vision.
    4. Re:This cannot be true by AngryAndDrunk · · Score: 1

      It'll be in the licence agreement that accompanied the pre-installed copy of Windows. That's what they mean by "legal requirement" - the licence will say something to the effect that it can only be used on that PC, and no other.

      Therefore, by disposing of the PC, but keeping the copy of Windows, you are technically in violation of the licence (you'd only actually be in violation if you then installed it on another machine, but if you weren't going to do that, you wouldn't have kept the copy of Windows, right?).

    5. Re:This cannot be true by ahrenritter · · Score: 3, Insightful

      It is a subtle twisting of the truth. The law says that you should not violate the license agreement of the OS you are using. There are two ways the license agreement could easily be violated in the case of a donated PC.
      1. The person who donated the PC kept the OS that was originally installed on it, and is still using that OS on a different machine.
      This is a violation because OEM licenses specifically state that the OS is only licensed for the original computer it was installed on.
      2. The person upgraded the OS on the donated PC, but did not give you all of the appropriate materials required to legally transfer the license of the new OS.
      An example of this is: Person A buys a computer with Microsoft Windows® CEMeNT on it and later upgrades the computer to have Microsoft Windows® eXPlode. They then donate the computer to a school, but fail to include any of the documentation, CDs or licenses for either OS. At this point, the school is not legally allowed to use eXPlode, and Person A is not allowed to use CEMeNT and violated their eXPlode license agreement by distributing the OS to someone else.

      Rather than giving you the blunt facts and letting you interpret the fact that as long as you have a legal license for whatever OS you decide to use on the PC (such as the GPL license of a Linux distro), Microsoft decided to twist the truth to make schools spend more money either buying new PCs (with Windows® installed) or buying new Windows® licenses for the donated PC.

      --

      All I wanted was a rock to wind a piece of string around, and I ended up with the biggest ball of twine in Minnesota
    6. Re:This cannot be true by Stonehand · · Score: 2

      That ignores another possibility -- that the copy of Windows is neither kept nor transferred, but destroyed, which may be the case if the original owner harbors a dislike for Windows and had replaced it shortly after purchase.

      --
      Only the dead have seen the end of war.
    7. Re:This cannot be true by dw · · Score: 1

      > I suspect what is meant is that the OS supplied
      > with the machine is not meant to go anywhere but
      > on that machine. As for force of law, that seems
      > dubious. Why shouldn't anyone be able to move it
      > to another machine, provided they remove it from
      > the first?
      >
      > What should be said, rather than what is said,
      > "If you are going to put a commercially licensed
      > OS on a computer, or are given a computer with a
      > commercial OS, you must have a valid license for
      > that instance of that OS." Of course, they
      > didn't say that. They said something far sillier
      > instead.

      I keep this hearing appologetic line of reasoning.
      Microsoft means exactly what they say in the article... and they know exactly what they can get away with. You can bet that any such article has gone through internal review to determine marketing and legal implications.

      They've probably determined they can't be held legally liable for such a statement. Microsoft has no morals, and has no reason to reign in such rubbish. They are obviously only concerned about the bottom line and articles such as this one can only serve to squash competition. Why else would they publish it? I rather suspect that it's a made up list of questions they're trying to answer.

    8. Re:This cannot be true by Paul+Neubauer · · Score: 1

      Note that at no point did I say they were right. Perhaps I should have phrased it as "They should have said..." rather than "What was probably meant.."

      I do rather like another poster's idea of setting up a page with such questions and going into better detail about how things really work and supply correct answers.

      --
      I don't subscribe to RMS's GNUtopian vision.
    9. Re:This cannot be true by aralin · · Score: 2

      Of course it's outrageous and egregious! But then, taking legal advice about software licensing issues from Microsoft is like taking airline safety advice from Osama bin Laden.

      Actually, if Osama would tell me, don't go on the United flight 93, I would rather take it :)

      --
      If programs would be read like poetry, most programmers would be Vogons.
    10. Re:This cannot be true by Anonymous Coward · · Score: 0

      > I suspect what is meant is that the OS supplied with the machine is not meant to go anywhere but on that machine. As for force of law, that seems dubious. Why shouldn't anyone be able to move it to another machine, provided they remove it from the first?

      I suspect that what was meant was exactly what was expressed - an intent to mislead the reader into believing something about PCs and OEM OSs that is untrue. If MS had wanted to state it as you put it, they certainly could have.

      But they didn't. Deliberately.

    11. Re:This cannot be true by Anonymous Coward · · Score: 0

      > Therefore, by disposing of the PC, but keeping the copy of Windows, you are technically in violation of the licence (you'd only actually be in violation if you then installed it on another machine, but if you weren't going to do that, you wouldn't have kept the copy of Windows, right?).

      Incorrect; you cannot run that copy of Windows on another PC, but nothing in the license says you can't keep the disks. They're useless to use, true enough, but there's no legal liability from keeping them - only in using them.

  12. Of course keep the OS... by Anonymous Coward · · Score: 0

    ...why change from OS X ?

  13. Is this legal? by Anonymous Coward · · Score: 0

    Of course.

    You may have this mobile phone for free, if you buy this 24 month subscription.

  14. So what did this 'Govt CIO' do for IBM ? by Anonymous Coward · · Score: 0

    Run around asking 'why market OS/2 ? Can't we just sell Windows ?'

  15. Free PC? by theblacksun · · Score: 0

    I really can't see a school turning down any donated PCs. It mentions the cost of integrating it with the current hardware, but I'm sure they could find a use for any old computer as long as it's not that slow. Red tape like this depresses me.

    --
    Ignorance kills, complacency kills, hatred kills, but usually not the ones guilty of them.
  16. Another One? by wazootyman · · Score: 0, Insightful

    I don't want to come off as totally pro-Microsoft, but this is getting ridiculous. So I'm gonna waste some more Karma (hah, like I have any left to waste!) REMEMBER GUYS - EVERYBODY AT MICROSOFT WANTS TO KILL YOUR DOG AND RAPE YOUR WIFE! THEY'RE THE "EVIL EMPIRE" AND THEY HATE YOU. I heard that somebody at Microsoft gave somebody a displeasing look! OMG! TIME FOR A SLASHDOT POST!

  17. Software Worth More than Hardware by yintercept · · Score: 3, Funny

    This blurb from Microsoft is absurd, but in many cases the software on the machine is worth more than the hardware. Both the donor and the charity should be attentive to the value of the software. I assume you would get an extra tax break if you donate your unused software licenses with the computer. BTW: It is also good to take all of the pictures of nekkid ladies off the computer as well. You don't want your donation to be too educational.

    1. Re:Software Worth More than Hardware by Junior+J.+Junior+III · · Score: 2
      in many cases the software on the machine is worth more than the hardware. Both the donor and the charity should be attentive to the value of the software.

      Not if it's Microsoft Software!

      • If it's an old version of something... Word 7, say... you can't open files received from anyone who's running the current version. That's not my idea of value.
      • If you don't WANT M$ Shite on your system, it's not worth anything to you, and is in fact taking up valuable resources in terms of storage space, thereby contributing negatively to the value of the PC.
      --
      You see? You see? Your stupid minds! Stupid! Stupid!
    2. Re:Software Worth More than Hardware by Anonymous Coward · · Score: 0

      actually, if they have the microslop educational site license, they can get a free upgrade iff they have the donated software

    3. Re:Software Worth More than Hardware by Daengbo · · Score: 1

      I know you were joking, but you have stolen my attempt at an intelligent post. If you look at this, not from a lawyer's stance, but from an accountant's, the depreciation on the machine includes the OS it was puchased with, and the write off of the still undepreciated value includes the software. If you are not reporting the donation on your taxes, then it doesn't matter, but businesses et.al. should send the license alond with the computer. Dan

    4. Re:Software Worth More than Hardware by Junior+J.+Junior+III · · Score: 1

      Yeah, but try running Office XP on a P166 with 32 MB of RAM and a 2GB hard drive.

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
  18. No wonder... by Anonymous Coward · · Score: 0

    A. It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine.

    AH! That explains why there's no "Install Linux Boot Partition" Wizard in WinXP...

  19. I'm no lawyer, but.... by Rahga · · Score: 2

    quote:
    If you feel it is in the best interest of your school to accept the donated PCs, make sure that the hardware donation includes the original operating system software. Keeping the operating system with the PC is not just a great benefit - it is a legal requirement.

    Of course, in Microsoft's point-of-view, the only operating system for the PC is Windows, and cleaning the hard drive means you need to pirate a copy of Windows to bring it back to life.

    BTW, Google has automatic spelling correction now. Rejected slashdot submission, go figure ;)

  20. I liked the third and fourth questions... by grunby · · Score: 5, Funny

    Q. How does the PC owner transfer their license rights for the operating system?
    A. The GPL can be found here.

    Q. What if the donor can't find the backup CDs, End-Use License Agreement, End-User manual and the Certificate of Authenticity? Can they still donate the PC and operating system?
    A. It can be downloaded from here

    - [grunby]

    1. Re:I liked the third and fourth questions... by agurkan · · Score: 2, Funny

      I think this should be modded down before rms sees the second answer and starts shouting "Linux is not OS it is only the kerneeeeel!!"

      --
      ato
    2. Re:I liked the third and fourth questions... by Arandir · · Score: 4, Informative

      Q. How does the PC owner transfer their license rights for the operating system?

      Sinple, just sell the computer. You have the right, under Copyright law, of first sale. If the license says otherwise, the license is wrong. Unless the copyright holder has a signed contract with your signature on it, you have not relinquished the rights that the laws guarantees you.

      Too many software companies are preying on the public's ignorance of the law. And I'm not talking about just Microsoft. I'm talking about Sun, IBM, HP, Adobe, Apple, and even several Open Source companies and foundations. The public doesn't know anything, so when someone comes along and pretends to be an expert, they are believed, even if they are telling the biggest pack of lies since Hitler talked with Chamberlain.

      You cannot forfeit your rights just because you use software you legally own, or because you read some words on an install screen, or because you tore open some mylar wrap, or even because you clicked a button that says "yes".

      --
      A Government Is a Body of People, Usually Notably Ungoverned
  21. Q: Do I have to use Geniune GM Parts? by abernathy · · Score: 2, Funny

    A: Keeping the original parts with the vehicle is not just a great benefit - it is a legal requirement. Use of non-GM parts (often referred to as "deadly aftermarket assault parts") or hiring non-GM-certified mechanics will not only void your warranty, but may result in prosecution, injury, or death.

    If you think about using aftermarket assault parts, think again -- for the kids.

    1. Re:Q: Do I have to use Geniune GM Parts? by Anonymous Coward · · Score: 0

      The only requirement to be a GM certified mechanic is a pulse.

    2. Re:Q: Do I have to use Geniune GM Parts? by Anonymous Coward · · Score: 0

      That is so untrue that its just not funny.
      Most of the aftermarket parts are made by the same company's, factorys & workers that make the GM parts, idiot. I suppose that its law to replace your firestones with the same firestones because there Genuine Ford parts?

  22. That's not all! by Moneky-Boy · · Score: 1
    Q. Can I upgrade the operating system on a donated machine?

    A. Well of course you can silly. Since Windows will be the only OS that we will accept into our generous Education initiatives, we will give you special price just %10 cheaper then a home license. But even better than that, as stated above you might need to purchase some additional hardware to be compatible with you current network. Don't fear though we know the perfect place to get it.

    And if that is not a deal after spending $400 on new equipment $200 on a new license we will give you at a small fee $100/hr, a Technician whom is fully qualified and just out of the MSCE education, whom will gladly train you and your staff AFTER you inspect all of the donated computers.

    1. Re:That's not all! by Anonymous Coward · · Score: 0

      Please don't use "whom" as the subject of a verb. "Whom" is an objective pronoun, not a nominative pronoun. Use "who" as the subject. It is a nominative pronoun. Plese see this faq entry on dictionary.com.

    2. Re:That's not all! by Anonymous Coward · · Score: 0

      See /.'ers there is proof the wise will always bash as an Anonymous coward!

  23. A quote by techstar25 · · Score: 2, Funny

    "Keeping the operating system with the PC is not just a great benefit - it is a legal requirement."

    That sounds nice and all but they fail to describe the great benefits. If they did it would sound something like:
    It will crash all the time.
    It will be insecure and probably allow outsiders access to your network.
    You will need to upgrade every X amount of years, just because we say so.
    You will need to download patches every week, or else deal with viruses and trojans.

    I like my PC's how I like my women - NAKED!

  24. Don't buy hard drives off eBay!! by kingharrison · · Score: 1

    If you get one that used to have windows on it, you have to reinstall windows back on it! No matter if you just use the drive for storage!

    1. Re:Don't buy hard drives off eBay!! by Anonymous Coward · · Score: 0

      With HD prices as low as they are, why in the wide, wide world of sports would anyone buy a used drive on EBay??? Masochism??

    2. Re:Don't buy hard drives off eBay!! by kingharrison · · Score: 1

      I was being sarcastic. next time I will add the tags to better help you identify that.

    3. Re:Don't buy hard drives off eBay!! by Anonymous Coward · · Score: 0

      Good thing sarcasm != humor in all cases

  25. They're just begging for a parody... by dcavanaugh · · Score: 2

    Something that looks like the M$ page, except it would describe how easy it is to take the donated computers, ditch the OS, and install Linux.

    I'm still laughing about www.wehavethewayin.com, although it's only half as funny as the site it emulates www.wehavethewayout.com

    1. Re:They're just begging for a parody... by Anonymous Coward · · Score: 0

      I'm no fan of MS, but people who spell "MS" with a dollar sign should grow the hell up.

    2. Re:They're just begging for a parody... by the_rev_matt · · Score: 3, Funny
      Sorry it took me so long, it's been a busy day ;)

      Linux Education

      --
      this is getting old and so are you

      blog

    3. Re:They're just begging for a parody... by the_rev_matt · · Score: 2

      MF! OK, the javascript drop downs worked locally in Mozilla, now they're tweaked (wondering if Zope does something funky in structured text that freaks out Moz). Ah well.

      --
      this is getting old and so are you

      blog

    4. Re:They're just begging for a parody... by dcavanaugh · · Score: 2

      Well done!

      If a few more of these M$ parodies turn up, a clever individual could build a site that essentially cloned the M$ home page and linked to the various funny stuff. Maybe some kind of silly domain name like "wheredoyouwantogotomorrow.com" or something equally amusing. I'm not sure I have all the details worked out yet, but I never miss a chance to laugh at the "evil empire".

  26. Same thing by Psmylie · · Score: 5, Informative

    Keeping the OS with the machine is the same thing as keeping those tags matresses. They are required to be on there if you are a company that sells matresses, but once an individual buys the matress, they can do whatever they like to the tag. It's their property at that point.
    If they then give away or donate the matress, the lack of the tag really doesn't matter.
    I'm really curious what law they are referring to when they saw "legal requirement". If they're going to say stuff like that, I'd like to see where it was written. Anyone can just say that something is "legally required". I can say it's "legally required" to mod all my posts up. That don't make it true, tho.

    --

    psmylie's dictionary: Godzillion (noun) Any number large enough to destroy Tokyo

    1. Re:Same thing by hardburn · · Score: 1

      There is one exception: OEM licenses. As far as the law is concerned, an OEM license applies only to the machine it came with (at least, that's my understanding. IANAL.) The donator could still give the school the machine without turning over the license, though the donator cannot (legaly) use that license for another machine.

      Of course, none of this applies to shrink-wraped copies of the OS, or (usually) computers bought through mom-and-pop stores, which are full licenses.

      I would also wonder how this would apply to a large corperation, or even another school, who usually get special, bulk licenses that are to be used within the orginization and cannot be transfered. According to Microsoft, they couldn't donate the computers at all!

      --
      Not a typewriter
    2. Re:Same thing by curunir · · Score: 2

      I'm really curious what law they are referring to when they saw "legal requirement". If they're going to say stuff like that, I'd like to see where it was written.

      It's probably written in their EULA which I'm sure Microsoft sees as fully enforceable legal document.

      --
      "Don't blame me, I voted for Kodos!"
    3. Re:Same thing by crimoid · · Score: 3, Informative

      Keeping the OS with the machine is NOT the same thing as tags on furniture! You can ALWAYS take an OS off of a machine, however you can't take and OEM licensed operating system and put it on another machine.

      When you buy a computer from Dell and it comes with and OEM licensed copy of Windows XP you cannot legally put that copy of XP on ANY other machine than the one you originally purchased. Its a package deal.

      Sure, you can put Linux on the box all day long, but whether you use XP or not it follows your machine to its grave.

      This is a HUGE "gotcha!" for businesses that use Microsoft Enterprise Agreements. For example: say I'm buying 500 PC's and they come with OEM WXP. BUT I want them all to have W2K to follow corporate standards. I have a MEA that covers OS/Office/CAL for all my users.

      I've just been double-sold operating systems (since the OEM OS cost was baked into the price of the machine) and I can't even re-use my XP licenses! They can't be transferred away from the specific hardware they were preinstalled on.

      This underscores the need for people that use Windows to manage their licenses carefully. Either use a MEA and order machines without OEM OSs OR manage and track all of your OEM licenses carefully and make plans accordingly.

    4. Re:Same thing by Anonymous Coward · · Score: 0
      Keeping the OS with the machine is NOT the same thing as tags on furniture! You can ALWAYS take an OS off of a machine, however you can't take and OEM licensed operating system and put it on another machine.

      When you buy a computer from Dell and it comes with and OEM licensed copy of Windows XP you cannot legally put that copy of XP on ANY other machine than the one you originally purchased. Its a package deal.


      As far as I know this is Bull! When you buy the software you own it. You can do what you want. For example:

      I bought a computer from HP. With the purchase I got a version of Win98 SE and Certificate of Authenticity. It came with a recovery disk. I didn't get a serial number as the recovery disk is fully automated. The disk has PAQ files which are really password protected zip files. (password: PANDORA) So I installed it and searched the registy for the ProductKey. BINGO! My serial number!

      Now you can't put this on a Compaq and install it because if it doesn't see the right BIOS it will choke. But it is my software. So I pulled the CAB files directory out of the zips and installed it onto my new homebuilt. I used the serial I found in the registry. Yes, it says in the EULA that the software must stay with the machine I bought it on. But that is bull. It's just Microsoft way of getting you to buy more software you don't need. Now if I had two running copies of the software that would be a copyright violation. But as long as it is one key/license per computer you're OK!

  27. With regard to WinXP by Rude+Turnip · · Score: 4, Insightful

    This might be a bit offtopic, but while we're talking about Windows "licenses":

    If I were to sell or donate my PC to someone else and that PC has XP installed (which I activated using my name), what must I do to dissociate my name from that activated copy/serial number?

    1. Re:With regard to WinXP by bluebomber · · Score: 2

      1. Reformat the hard drive.
      2. Install your "alternative" OS of choice.

    2. Re:With regard to WinXP by gmhowell · · Score: 5, Interesting

      It's more insidious than that. Reread the page linked to at the top of the article. It says to transfer the license pursuant to the terms in the EULA. Now, go reread the EULA. On the last few that I have read (mostly NT 4) they say that the license is non-transferable.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    3. Re:With regard to WinXP by MindStalker · · Score: 1

      How is your name associated with it, the activation process doesn't make you enter your name. But I bet you can call the MS at the phone activation number and say you want to transfer your license to someone else, if you did associate your name.. silly.

    4. Re:With regard to WinXP by CynicTheHedgehog · · Score: 2

      You probably won't run into any problems. I recently bought a new PC with XP Pro pre-installed, so I gave my XP home CD to my roommate. He installed and activated it with no additional effort on his part. No calls to Microsoft, no questions, no hiccups whatsoever.

      Makes me wonder what activating really does for you.

    5. Re:With regard to WinXP by cornice · · Score: 2

      Exactly. The school is supposed to in a sense force the corporate donor to give up licenses that are essentially useless to the school (since they can't be transferred). That's why they include the note about the donated PCs being covered by the school's site license. This isn't about schools. It's about forcing corporations to upgrade the OS when they upgrade the PC.

    6. Re:With regard to WinXP by Rude+Turnip · · Score: 1

      Well, when I go to look at the system settings, I see my name under "This system is registered to:" I have no idea if that name got sent out when I activated the software.

      Oh, did I mention I'm selling everything to afford a TiBook and avoid this mess?

    7. Re:With regard to WinXP by Rude+Turnip · · Score: 1

      Did you previously activate the CD you gave your roommate, or was it just sitting around?

    8. Re:With regard to WinXP by Anonymous Coward · · Score: 0

      Huh? You don't enter your name when you activate WinXP. There is a definite distinction between "activating" and "registering", the former being compulsory and the latter being optional. I activate my WinXP, but there is no chance in hell I'm going to register it. After you succesfully activate WinXP, it then asks you if you want to register, and tells you that registration is optional. But the activation step doesn't require a name - unless you were naive enough to use your real name when you created the default user(s).

    9. Re:With regard to WinXP by Anonymous Coward · · Score: 0

      You gave them your name? What's wrong with you?

    10. Re:With regard to WinXP by Anonymous Coward · · Score: 0

      > Makes me wonder what activating really does for you.

      !? For you? Nothing whatsoever. That scheme was brought about for Microsoft's benefit (anti-piracy), not for its end users'.

    11. Re:With regard to WinXP by CynicTheHedgehog · · Score: 2

      I activated it before, when I installed it. He put it on an entirely different machine. It was an OEM version I bought with some RAM though--maybe that has something to do with it.

  28. Hah! Fat chance by S+Nichol · · Score: 5, Informative

    I've done work for about half a dozen schools (junior highs and high schools) that have quite substantial commitments to computers in the classroom.

    In my experience, whenever donated computers arrive, that's all that arrives. I've never seen a computer arrive with the documentation that probably accompanied it when it was purchased by the donating company. All you get is the computer and associated peripherals if you're lucky (often they forget to send mice).

    At one school, they have about 120 donated PCs, and I think there is maybe half a dozen valid Windows licenses in the whole place. Of course, there are numerous burned copies too, which makes imaging these machines really easy (thank you Norton Ghost).

    I find it rather surprising that some enterprising person/persons haven't started to produce an educational Linux distribution... just pile on a lot of idiot proofing ;-)

    1. Re:Hah! Fat chance by Anonymous Coward · · Score: 0

      It sounds like Microsoft/BSA should send some goons (hired goons) to visit your school.

    2. Re:Hah! Fat chance by mckwant · · Score: 2

      Check out http://k12ltsp.org/contents.html. Might not be EXACTLY what you're looking for, but...

      --
      ceci n'est pas un sig.
    3. Re:Hah! Fat chance by martinde · · Score: 1

      Also check out Debian Junior.

    4. Re:Hah! Fat chance by Zayin · · Score: 1

      > I find it rather surprising that some enterprising
      > person/persons haven't started to produce an
      > educational Linux distribution... just pile on a
      > lot of idiot proofing ;-)

      Already on the way in Norway. Based on Debian.
      http://developer.skolelinux.no/projectinfo.html.en

      --
      "I'd rather have a full bottle in front of me than a full frontal lobotomy"
    5. Re:Hah! Fat chance by Anonymous Coward · · Score: 0

      Not exactly an "educational distro", but related (software for schools running on Linux), http://www.tsf.org.za/. See the 'projects' section.

    6. Re:Hah! Fat chance by Splat · · Score: 2

      I haven't worked in as many schools as you have, but I've encountered the same.

      My highschool had NO budget for classroom computers. As a result the computer teacher was glad to take any donations. This resulted in tons of 286's coming through the door.

      Being the resident geek, it was my job to get them working. Out of the 30 donations I probably dealt with over a one year span, only 1 came with any form of documentation/original installation media.

      I installed DR-DOS on most of the machines. One of the older versions, 7.03 or so I think was free for educational use.

      Of course they had me install the same copy of "Number Munchers" onto all 30 machines... but at least the OS was legal! :)

    7. Re:Hah! Fat chance by DarthSmeg · · Score: 1

      I find it rather surprising that some enterprising person/persons haven't started to produce an educational Linux distribution... just pile on a lot of idiot proofing ;-)

      Someone have! In norway there's an initiative called School-linux. For those norwegian(ish) speaking SlashDot readers out there, check out http://www.skolelinux.no/

      --
      Tarald - The Lord of Smeg
      You're not drunk if you can lie on the floor without holding on
  29. Beat me to it by codefool · · Score: 2, Informative

    I also found this statement hung in the air like a brick. It cannot be a legal requirement to include the "pre-installed" OS with the computer. Since, like a lot of people here, the first I do with a new box is wipe it and configure it the way I want it.

    When donating a box, I would also wipe it beforehand, and make sure that all the OS materials (backup CD's, documentation, etc.) went with it. It's really up to the receiving institution to do something with it.

    What this seems to suggest is that it's bound by law that you cannot modify a PC from its factory state.

    --
    "Stop whining!" - Arnold, as Mr. Kimble
    1. Re:Beat me to it by cainem · · Score: 1

      It says

      "It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine"

      which I'm sure is not true, since I can remove the OS quite legally. (I'm in the UK. I assume this is talking about the US, though it doesn't say where the author was physically located while writing it, possibly some repressive regime with draconian white-goods laws :))

      It is quite a clear statement and is quite clearly false. Those who cannot grasp its meaning must have real problems when faced with multiple-sentence documents like, say, an OS license.

  30. Licences... by burts_here · · Score: 1
    so if your school has x number NT licesnes and over the time they own the machines three get blown up, one has coffe spilt on it, and one has all the components nikced from it, its still illegal to reinstall a copy of NT back on a donated box.
    What about if you completely upgrade a machine from one spec to another but keep the OEM licence that came with it, what does that mean?
    confused and worried... mind you having worked as part time tech support in education, they dont care if they have licences.

    --
    Burt "Out of my mind back in 5 minutes"
    1. Re:Licences... by technos · · Score: 2

      If you have x number of real licenses, you can install them on any five machines you choose, including the donated machines. Most manufacturers haven't been dumb enough to ship their servers with anything but a real license anyway, so they're probably transferable.

      Microsoft is mentally fibbing a few places to come out with their little guide. I figure this is what MS had in mind when they wrote it.

      1. That all PCs have Windows on them from the factory. This isn't exactly untrue for 98% of OEM machines; Even shipped with another OS, the OEM will send you the obligational Windows95 / 98 / ME / etc CD along as well, you've already paid for it in the price of the PC, as per their agreement with Microsoft.

      Had a fight with a *ahem* rep once. Ordered a bunch of workstations that were to come with NT4 Workstation, but we specified a pre-arranged software loadout. We recieved the machines with a copy of 95 in every box. Called to return it, was told we had paid for them, that they were not allowed to ship any machine to any company without a paid-for OEM version of Windows, even those that already had licenses for other operating systems, even those that had to already prove we were licensed to install NT4 Server with impunity as part of the deal to get a custom loadout on an OEM system. They had reduced the price on the machines a bit when we had specified the custom load, but not because they weren't including Windows. Because we were going to pay for a cheaper version of Windows that would never see the light of day.

      So we got 100 copies of Windows 95 tied to servers that were incapable of even running it. (SMP with a known nasty APIC bug that prevented it from running.)

      2. That the computer will come with an operating system on it.

      This is nearly patently false. No right-minded business or individual ever donates a PC without wiping it. Also, almost no profit-minded business reinstalls Windows on the machine before resale on the used market or donation. It isn't needed to verify that the machine works, it worked fine before software wipe. It takes time and money to reinstall. The Microsoft EULA is very fuzzy when it comes to transferring a license anyway, and you're not going to eat the potential legal liability of MS going wonky because they interpret the first acceptor of the EULA to be the OEM, the transferee to be you, the limited transferability to be valid, and especially when they think they have a right to march in to seize your equipment sans warrant.

      3. That any machine that comes without an OS means a lost sale of Windows to the company that didn't include it. They're calling these people pirates, because if they didn't include it with the machine, they must have it installed illegally on other machines.

      Most certainly false. Usually companies hooked on Microsoft products upgrade the OS once before they donate, if the hardware upgrade wasn't the direct effect of Microsoft telling them that they weren't going to be able to buy new Windows licenses of the old version these machines were indoubtably shipped with to keep with growth and replacements. They're being donated because they're three or four year old machines by the time they're donated and no longer able to run the OS Microsoft hawks on you to buy, saying you'll lose your Select/MCAS/MCVR status and be forced to buy individual licenses for retail price if you don't buy now.

      Besides, how many of you are going to pirate the old OEM copies of Win98 from the donated machines and put them on the brand new PCs you bought? You know, the ones that came with XP on them? You know, the ones you had to buy because you have to buy XP because MS won't sell you Win98 anymore nor support it?

      --
      .sig: Now legally binding!
  31. Bill... by Anonymous Coward · · Score: 0

    "If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC."
    If a box were been donated without hard drive and then without OS, would MS give the school a Windows license free of charge? I seriously doubt.

  32. Didn't work for Apple by mccrew · · Score: 2, Interesting

    Actually, it didn't work for Apple. They are still stuck in the education market, and that has not translated into any measurable difference in market penetration beyond their core graphics constituents.

    --
    Hey, Windows users, there is no such thing as "forward" slash, there is only slash and backslash.
  33. I liked this one... by Amazing+Quantum+Man · · Score: 2

    From the archived NakedPC page:

    "Acquire software from Authorized Microsoft OEM Product Distributors"

    So, can I get Linux from my Authorized Microsoft OEM Product Distributor?

    --
    Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  34. This says it all by xZAQx · · Score: 1

    Microsoft recommends that educational institutions only accept computer donations that are accompanied by proper operating system documentation. If the donor cannot provide this documentation, it is recommended that you decline the donated PC(s).

    I would wise-crack about this, but there's no need to

    8^)

    --

    We dance to all the wrong songs.
    --Refused.
  35. MS OS can only be used/sell to a person by GdoL · · Score: 1

    When you buy a MS OS you are forbidden to pass it to others.
    So when you give away you PC away how do you transger the OS license?

    --

    ------I can please only one person per day. Today is not your day. Tomorrow isn't looking good either.------
  36. When in Doubt by Alien54 · · Score: 2
    Send Microsoft Money.

    Your friendly sales person will tell you how much.

    and remember, if you haven't been sending enough, penalties may apply.

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:When in Doubt by Amazing+Quantum+Man · · Score: 2

      Send Microsoft Money

      We're sorry, but your copy of Microsoft Money(r) is licensed to a single computer and you cannot send it to anyone else!

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  37. So what? by hij · · Score: 1
    MS wants you to think that they are the only OS for a PC and that this is one of the good kinds of monopolies. Why would anybody be surprised at this? Many elementary and middle schools are mac based, and those that aren't are ms based. Linux doesn't have much of a hold here (yes there are exceptions).

    All in all, this isn't bad advice. They are telling schools to cover their a$$. I don't like it, but I would make the same recomendations. I've tried to sell linux to folks, but they don't have the time nor know-how to make what they see is a huge change away from mac or windows.

    --
    Believe nothing -- Buddha
    1. Re:So what? by Anonymous Coward · · Score: 0

      To learn Linux basics is freakin' easy... if you aren't accustomed to Windows. Micro$oft is afraid because the kids CAN learn how to use Linux or BSD-nixes, and Windows could lose a lot of potential slav...*cough* customers.

    2. Re:So what? by Anonymous Coward · · Score: 0

      Better learn both, if you actually want them to be able to get jobs.

    3. Re:So what? by jedidiah · · Score: 2

      No, they are just giving schools something bogus to be paranoid about.

      Under the conditions they describe, the school still remains the legal and legitimate owner the of licenses involved. The only issue is documentation. For something like a Dell or Gateway, I don't think that this should even be an issue.

      Simply argue that all Dells and Gateways come with licenses for Software X, Y and Z.

      The only potential pirates here are the donors.

      If you copy a Metallica CD and give your original to someone, keeping the dupe for yourself, YOU are the one that is committing piracy.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    4. Re:So what? by Anonymous Coward · · Score: 0

      > All in all, this isn't bad advice. They are telling schools to cover their a$$. I don't like it, but I would make the same recomendations.

      No, it is both bad and deliberately misleading and incorrect, which is what makes it bad. I doubt very much you'd phrase your recommendations in such a misleading manner; you'd talk about the obligation of only using the OEM OS with the PC on which it was installed - a FAR different set of words and meanings from the ones Microsoft chose to use.

  38. Always Do What Microsoft Say! by Shuh · · Score: 1

    That's the gist of this whole thing.

  39. This makes me mad by pubjames · · Score: 5, Funny

    People, out of their good nature, give computers to schools to help educate children.

    Microsoft lie to the schools to try to stop them accepting generous gifts that might make a tiny dent in their massive profits. This makes me so mad.

    It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC.

    Is this true? Even for Microsoft operating systems? They're saying it's illegal to remove an OS from a computer, any computer? F*ck*ng w**kers.

    PC owners have to transfer their license rights to the operating system to your school along with the PC. They may do so as specified in their End-User License Agreement (received at the time of purchase) as part of a permanent sale or transfer of the PC.

    Listen Microsoft. You've made it very difficult so that I, as a PC purchaser, can buy a new PC without buying a Microsoft OS. You know that. So, 99% of computers that are donated to schools are likely to have a legitimate, paid for, Microsoft OS on them. You bunch of complete t*ss*rs.

    The following should be included with the donation of the PC.

    Why? I'll tell you why! To make it difficult for people to donate PCs to schools, that's why. I ***king hate those money grabbing, selfish, **bhe*ds at Microsoft.

    Microsoft recommends that educational institutions only accept computer donations that are accompanied by proper operating system documentation. If the donor cannot provide this documentation, it is recommended that you decline the donated PC(s).

    Why? So Microsoft can profit at the expense of the education of our children? You absolute ****ing *i*si*ng i*i*tic bunch of *uc*ing a**eh*les! *an** *a*s*** of the *i*** *rd***! You ****p** **s** **e*s*s!!!

    1. Re:This makes me mad by Dirtside · · Score: 5, Funny
      Why? So Microsoft can profit at the expense of the education of our children? You absolute ****ing *i*si*ng i*i*tic bunch of *uc*ing a**eh*les! *an** *a*s*** of the *i*** *rd***! You ****p** **s** **e*s*s!!!
      Call it a hunch, but I think your keyboard might be broken.
      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    2. Re:This makes me mad by Anonymous Coward · · Score: 0

      Hey cockfuck. I don't know how to pronounce the letter "*". This isn't AOL, everyone's an adult here. Choke on cock and watch me murder your parents cumslap.

    3. Re:This makes me mad by TheGratefulNet · · Score: 2

      sounds like you're using a M$ 'natural' keyboard. look at all those broken keys that come out as asterisks!

      if you DO donate your pc, please provide a working keyboard at least.

      --

      --
      "It is now safe to switch off your computer."
    4. Re:This makes me mad by HamNRye · · Score: 2

      It is not illegal to remove the OS from the computer, It is illegal to put an OEM version of that OS on another machine. Now, assuming the original owner can't use the license because he ahs given away the PC, it seems reasonable that he give it to the schools so they can use it.

      "it must be donated with the operating system that was installed on the PC" change must to should. What they are concerned about is getting the old PC with a non-share-denied copy of Win ME used to upgrade. Or even the official OEM OS without the proper licenses.

      When the BSA audits a school:
      MS: Win 3.1?? Have a license?
      EDU: No, it came with the PC.
      MS: Then you should have the certificate...
      EDU: No, it came with the PC, we didn't get a certificate...
      MS: Then you have to upgrade that machine to WinXP.
      EDU: But it won't run XP...
      MS: But we don't sell Win 3.1 licenses anymore.

      Tada!

      My experience was years ago, 97-98ish, and I was working with an inner city HSchool to help underprivelaged kids build their own computer. My consulting and Win95 upgrades left me with alot of older hardware. I thought Linux from the start, but decided to try getting some Win3.1 licenses for these machines.

      I first asked for "Donated licenses", denied. Asked for an educational or bulk discount, denied. MS'es final answer, $100 per PC for Win 3.1. When I told MS to shove it, their local rep came and scared the school out of allowing the project.

      "PC owners have to transfer their license rights to the operating system to your school along with the PC. They may do so"

      First you have to and then you may?? Which is it??

      What if you donate parts?? Hey, I've got some SIMMS! Do you have a Microsoft license for them?? No... They're Simms.... Sorry, we must decline.

      People who get their information from one biased source deserve bad information. GIGO...

      ~Hammy
      www.nothing4sale.org

    5. Re:This makes me mad by webbroberts · · Score: 1

      You misspelled "g**da**ed f***i*g **ckh**ds". Hope this helps!

    6. Re:This makes me mad by Cardinal+Ximinez · · Score: 1

      Why? So Microsoft can profit at the expense of the education of our children? You absolute ****ing *i*si*ng i*i*tic bunch of *uc*ing a**eh*les! *an** *a*s*** of the *i*** *rd***! You ****p** **s** **e*s*s!!!

      Call it a hunch, but I think your keyboard might be broken.


      No, that's just the new AutoCorrect feature in IE 6.1.

    7. Re:This makes me mad by sharkey · · Score: 2

      Call it a hunch, but I think your keyboard might be broken.

      Actually, that's probably the beta of the Clippy replacement in the next version of Office, "Office YQ". The characters name is Gaggit, and he makes certain "naughty bits" in your writing are bleeped.

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    8. Re:This makes me mad by Tony-A · · Score: 2

      Since the OEM licensed software can only be legally used on the system it came with, the presumption should be that in the absence of something explicit to the contrary, all the licences were transferred along with the hardware.
      That mess sounds more like an extortion racket.

    9. Re:This makes me mad by Anonymous Coward · · Score: 0
      Exasperated French Unix guru says, "man du!"

      Ah, I finally figured it out after 5 minutes. Lame. It only works if you pronounce "man du" with a ghastly thick English accent. I showed this to some other Francophones and they didn't get it either. It doesn't help that "mon dieu" is not an expression of exasperation but of surprise and disbelief.

    10. Re:This makes me mad by mjtg · · Score: 1
      Why? So Microsoft can profit at the expense of the education of our children? You absolute ****ing *i*si*ng i*i*tic bunch of *uc*ing a**eh*les! *an** *a*s*** of the *i*** *rd***! You ****p** **s** **e*s*s!!!

      Couldn't have said it any better myself ...

    11. Re:This makes me mad by Dirtside · · Score: 2

      I would have been inclined to take your criticism if you hadn't stopped to insert a flamelike "Lame." In fact, if not for that single word, I would have changed it to "Surprised" instead of "exasperated" on your suggestion... but now, I mock you with spite! Mock! Mock!

      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
  40. What would happen if you don't? by xtremex · · Score: 2

    Is microsoft making this part of their EULA? If I have an old PC that had Win95 installed 7 years ago, but since then has been replaced by Linux, and has served as my firewall and gateway for the past 5 years, what would happen if I donated this machine as is as the firewall for my local Leukemia Society? Can MS enforce this? Will they be reminding other organizations that there machines must have Windows on them? Will they not accept my donation unless it has windows?

    --
    If you're not a Liberal in your 20's, then you have no heart.If you're still a Liberal in your 30's you have no brain.
  41. What I understand by reading this by Machuidel · · Score: 1
    It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC.


    What I understand by reading this, is when donating a PC
    currently running Linux I previously bought with Windows
    pre-installed I'm violating the law (at least the American
    law). Correct me if I'm wrong?

    --
    Mike Machuidel
    1. Re:What I understand by reading this by moose_hp · · Score: 1

      God... where did I see those DOS 5.0 disks again?

      Wherever... my computer used to have a 50mb hard drive, a 386 procesor and now the only thing that remains in the box (from the original parts) is the floppy drive, so if i want to donate it, I have to install back DOS 5.0 because the computer was originally sold with DOS 5.0

      Thats a nice statment... no where was that 5 1/4 drive again?

      --
      DON'T PANIC.
  42. Legal requirement, eh? by tswinzig · · Score: 2

    It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine.

    So anyone that has bought a machine from an OEM and wipes the drive is breaking the law?

    --

    "And like that ... he's gone."
    1. Re:Legal requirement, eh? by Anonymous Coward · · Score: 0

      > So anyone that has bought a machine from an OEM and wipes the drive is breaking the law?

      Microsoft would most certainly like us to believe that, yes. Just because that idea's untrue doesn't mean it's not a GREAT source of FUD.

  43. Bitch, bitch ,bitch by kalislashdot · · Score: 1, Funny

    All you people ever do is bitch.

    Microsoft is talking about wintel computers. For example if I donate a Dell to a school, 99.9% of the time I bought it with Windows preinstalled, and this lets them know that it should come with an OS.

    So the 00.1% that came preinstalled with another OS, they are not concerned about this because it is such a low number. Also why would anyone donate a home-built machine since you can always swap out parts and keep it alive forever.

    Don't you guys get it, EVERYONE uses Windows. Get over it. Microsoft sucks, I totally agree and I always fight my spyware XP with a firewall, but moving to Linux as my Desktop OS will never happen. Trust me, I have tried many times, but it is not worth the pain and suffering. MacOS X is the only usable unix based desktop solution, and I hate Apple too.

    I think they should use Windows in schools since that is what 99.9% of the kids will use at home and a a job later in life. Plus there is a lot of educational software avaialbe. Iam glad they are gettign away from Kacs in School, since they most likely will never use them later in life.

    Go ahead, flame away.

    1. Re:Bitch, bitch ,bitch by PhoenixFlare · · Score: 0

      "but moving to Linux as my Desktop OS will never happen. Trust me, I have tried many times, but it is not worth the pain and suffering. "

      Considering the first line of this post, you're being a bit hypocritical here.

      Also, as for the idea that "EVERYONE uses Windows"....I guess I should go tell the head of my school's CS department they have to scrap 4 labs worth of Unix/Solaris workstations and servers? Or maybe the 20 gig Linux partition I have on this machine doesn't really exist?

      I don't really intend this to be a flame, but i'm just sick of people assuming there's no concievable reason to use anything but Windows on the desktop.

      Again, you're taking the same exact MS attitude that you claim to think sucks.

    2. Re:Bitch, bitch ,bitch by DigitalGlass · · Score: 1

      "EVERYONE uses Windows."

      not really, I know plenty of companies in my area that use *nix based operating systems on all there machines.

      "MacOS X is the only usable unix based desktop solution"

      Really... last time i checked i could use BSD or Linux with X just fine, it did all the things I required it to do (read email, im, web browse, program).

      But i see that I am wrong, i thank you for pointing out the error in my ways. Now that you informed us all that there is no hope in any way for any other operating system besides windows, maybe we should just erase all copies of the linux and bsd kernels, and just keep shelling out $ to M$.

      just my 2 cents.

    3. Re:Bitch, bitch ,bitch by Anonymous Coward · · Score: 0

      Last company I worked for had a room for old systems that were going to be donated to schools in the area. These systems were P100,133, and P200. Pretty slow but usable. When these systems were bought they were running win 3.1 or win95 but had long since been moved over to linux, freebsd for use as routers, firewalls, etc. Paperwork for the original licenses was long gone as the managers or departments that bought the machines were no longer working at the company or had been disbanded. Same for the original media(if the systems had ever included media)

      Standard procedure for donating a system was to make sure that the hard drive was wiped clean to protect from loss of company information.

      Wiped clean!!!!!!

      With this policy Microsoft expected me to spend even more time that I didn't have to reinstall windows back onto the machines. Ha ha ha ha HA HA ha ha ha ha Fark YOU billg

      I guess the company will now just throw the old systems into the trash compactor rather than deal with this bullsh**..

      Microsoft makes it so easy to develop a real hatred for everything having to do with WINDOWS.

      So yes we are bitching and yes you should wait until you get out of highschool before you open your stupid little mouth. bitch

    4. Re:Bitch, bitch ,bitch by jedidiah · · Score: 2

      Hey, if what you say is true than the entire website is gratuitous. There is already an OS license associated with even BARE hardware since it was forced down everyone's throat.

      Microsoft has no justification to direct propaganda and scare tactics at schools.

      OTOH, the donors might be indulging in post-donation piracy. However, those issues are not addressed.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    5. Re:Bitch, bitch ,bitch by Anonymous Coward · · Score: 0
      Try once more again, and do it right this time.

      I am so sick and tired of people who whine that Microsoft is bad and oh! the spyware, and then they keep on using Windows. Fuck it! Throw the XP away! NOW.

      You might not be able to play the latest pirated games and listen to the latest pirate mp3z you downloaded from some shit-for-brains p2p spyware software, but hey... which one do you prefer? Get a solution to end your bitching for good or stay in there and whine whine whine?

      Get a Linux, NetBSD, FreeBSD or what fucking ever. Just dump the fucking Windows for good or SHUT THE FUCK UP about how lousy it is. You have a choice. So stop whining and DO something about it!

      There.

    6. Re:Bitch, bitch ,bitch by kalislashdot · · Score: 1

      Hey I like your point!

    7. Re:Bitch, bitch ,bitch by Anonymous Coward · · Score: 0

      Agree. My kids school finally ditched the POS macs that they had in favor of Dell. Some old fart on the school board a few years ago approved the Macs because "they were such a good deal". They sat in the corner unplugged because the teachers wouldn't use them and the kids hated them. I don't always like what Micro$oft does, but if the kids are going to work in the real world they better learn Winders.

  44. Original media?! by sulli · · Score: 1
    Vast quantities of PCs are sold wither with bullshit "recovery disks" or no backup media AT ALL. In the Win95 days they actually asked you to supply 35 or so floppies to back up the copy of Win95 that was on the HD! So it makes zero sense to ask recipients to ask for original media.

    Anyway, who cares? If the OS license is somehow wrong or expired, then wouldn't this be an opportunity for the linux horde to march in? I don't see why this is bad.

    --

    sulli
    RTFJ.
    1. Re:Original media?! by Spoing · · Score: 2
      Vast quantities of PCs are sold wither with bullshit "recovery disks" or no backup media AT ALL. In the Win95 days they actually asked you to supply 35 or so floppies to back up the copy of Win95 that was on the HD! So it makes zero sense to ask recipients to ask for original media.

      Logically, I agree with you. OTOH, MS might be trying to discourage reuse of donated machines -- knowing that Windows pre-loaded systems don't usually ship with media. By doing so, they are more likely to get a new sale, either in the form of a boxed copy of Windows or on a new machine.

      Anyway, who cares? If the OS license is somehow wrong or expired, then wouldn't this be an opportunity for the linux horde to march in? I don't see why this is bad.

      Agreed. I'd like to see more native educational software -- like GCompris and others for young kids through teens. Baring that, Codeweavers and Transgaming should consider support for Windows programs under Wine. There are ways Windows programs can be installed using Wine that just aren't available or are prohibitive using Windows.

      Example: Creating a VNC-style applet to embed in a web page -- webifying an existing Windows program: Signtopia's use of Wine to embed thier Windows app in a web page. Here's an excerpt;

      1. "David Hawkes of Cadlink technologies made the next presentation, "A unique application for wine". His company, Signtopia, has a product called Signlab, which is a windows application for designing signs. They wanted to make it available to their customers over the web. They looked into many other solutions such as terminal server, Citrix, Graphon, and a rewrite in Java. Due to licensing concerns, they decided to use Wine and VNC. Some of the limitations were Wine's slow startup and some visual glitches. To get around this, they use a number of pre-started wine sessions and they removed the UI and made the application work from a web form. To improve the performance, they moved to Tight VNC and provided some sponsorship for the development.
      --
      A firewall can not protect you from yourself. Turn off what you do not need. Do not use the firewall to do your work.
  45. Riddle me this by st0rmshad0w · · Score: 2

    Given: "It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC."

    At what point in the nearly constant component part upgrade cycle my machines go thru, does the original machine cease to be? I have boxes that have only the case as the only remaining part of the original unit, and I have a (mostly) Dell thats in a generic case.

    What constitutes a PC?

    1. Re:Riddle me this by Anonymous Coward · · Score: 0

      Don't worry, XP will tell you! When you've changed to much you license will expire automatically. :)

  46. GNU "Guide" by WetCat · · Score: 1

    It will be very wise if EFF will issue its own version of guide and try to distribute it to schools as wide as possible...

  47. Typical FUD (even baldfaced lies) by CaptainPhong · · Score: 5, Insightful
    Some of the statements are factually wrong (unless you live in a Microsoft world where there is no such thing as a free operating system). Others are wrong even in the Microsoft world!

    If I build my own PC and install Windows on it, I can give it to someone else and keep the copy of Windows as long as I remove it from the PC. This article implies that it is illegal for me to keep my copy of Windows if even if I give away the PC without it. If I install Linux, I can keep my copy and give away the PC with the OS still installed. Their statement is only true for pre-installed Windows (i.e. Dell installed it) where the license is tied to the particular PC.

    All copies of the software on original disk or CD, including back-up and/or recovery materials
    Manuals and printed materials
    End-User License Agreement
    Certificate(s) of Authenticity

    This is misleading, and encourages institutions to only accept computers where these items all exist (i.e. MS operating systems). Such is not necessarily the case if, say for example, I installed Linux over the Internet.

    Yes, once the machine and installed operating system is transferred to your school or institution you own the PC and the licensed software. You can upgrade via Microsoft Academic Licensing Programs...

    Oddly, they neglect to mention that this also only applies to Microsoft software. What if the donated computer is a Mac?

    These sorts of things are like Halloween documents that MS makes public INTENTIONALLY! You'd think they'd raise some eyebrows at the DOJ.

    --
    ... "Give me a woman who loves beer and I will conquer the w
    1. Re:Typical FUD (even baldfaced lies) by 400+MHZ+BUS · · Score: 1

      Think about this.

      what part of the system is recorded by any OS?

      The system ROM, that's what!

      simply remove the ROM chip, replace with a different ROM and there you go...CLEAN PC!

      No serial #s to trace or use against you, you still have those "valuable" CDs, plus you gave the school a nice, OS-free PC to use as they see fit, without the MS garbage to clutter up their life as well....100% GOOD DEAL!

      --
      Honor and integrity makes the person, NOT the money!
    2. Re:Typical FUD (even baldfaced lies) by Rogerborg · · Score: 2
      • Their statement is only true for pre-installed Windows (i.e. Dell installed it) where the license is tied to the particular PC

      Well, it's not true even for that, because it says that the OS must stay with the hardware. It's a very simple, very clear, very untrue statement.

      But congratulations on noting the important point. Most people seem to be missing that as far as Microsoft are concerned, all (non-Apple) PC's should be shipped with a pre-installed OS i.e. WinXP. They really don't want to be selling full retail OS's at all; ideally they'd only sell upgrades, but they grudgingly acknowledge that they can't - yet - force everyone to upgrade every time.

      Further, they treat every sale of a "naked" PC as a case of theft (literally, not figuratively), and have repeatedly tried to force OEM's to rat out customers who buy naked PC's so that they can send round the local BSA/FACT stormtroopers on the basis that if you don't pay for an OEM Microsoft OS, you must be using a pirated Microsoft OS. Really.

      • Oddly, they neglect to mention that this also only applies to Microsoft software. What if the donated computer is a Mac?

      I'll take a guess that they have an internal definition of a PC as an 80x86 machine, and that Mac's aren't PC's. Or maybe they just don't give a rat's ass.

      Their statements here, while factually incorrect (what we old folks used to call "a lie") represent their ideal world view. Every PC ships with a pre-installed OEM licensed version of XP which cannot be transferred. Further, it represents their ultimate wet dream: that a Son of SSSCA/CDBPTA might very well make it illegal to remove the pre-installed Microsoft OS, let alone transfer it. All this is in addition to their major mid term goal: OS-as-a-service. Update or expire, your choice.

      It's an interesting, if rather chilling, insight into the World According to Microsoft.

      --
      If you were blocking sigs, you wouldn't have to read this.
  48. AFAIK not by sofar · · Score: 2


    Remember, Licenses need to be accepted. Any change in ownership does not automatically mean the receivingparty accepts Microsofts terms. Forcing this to the receiving party can never be upheld in court since when the receiving party does not accept the license, there is no agreement between microsoft and the receiving party. It also means the receiving party cannot use the particular instance of the software of course.

    Also, statements like this are on the edgde of criminality. Since Microsoft's website upholds a certain level of authority, customers are thus officially receiving adivisories by microsoft. Where I live, this sort of advice (which is untrue in my country, and unclear at least), statements like these are misleading, which is an offense under the court that governs the laws here.

    In other words, I could sue MS for publishing this advice.

    1. Re:AFAIK not by stinkenstein · · Score: 2, Insightful

      Actually, there might be a good case for initiating suit on this one. I am speaking without benefit of excessive factual knowledge or even a fully thought out idea, but here's how it would go:

      I haven't been following the case anymore, but I think it came out that MS is a monopoly, and as such, they are severely constrained in what they can do. Remember, it is a violation of the antitrust laws to "maintain" a monopoly. If their statements were found to be misleading, this could be construed to be an illegal maintennance of a monopoly, and possibly subject to treble damages.

      The best way to sue them on this is to find someone small who microsoft is suing, and have them counterclaim it. An even better thing is if the small conterclaimer is actually paying for their defense from insurance money.

      --
      Where do you get *your* entropy?
  49. er.. Upgrades... by burts_here · · Score: 2, Interesting

    what happens when you have replaced every single component in a pc, but you did it gradually, does the OEM licence not count anymore then??

    --
    Burt "Out of my mind back in 5 minutes"
    1. Re:er.. Upgrades... by jiminim · · Score: 1

      >what happens when you have replaced every single component in a pc, but you did it gradually, does
      >the OEM licence not count anymore then??

      Depends on if you use OEM parts or not... :)


    2. Re:er.. Upgrades... by burts_here · · Score: 1

      well, yeah, i aint paying retail for a manual and a pretty box! ;]

      --
      Burt "Out of my mind back in 5 minutes"
    3. Re:er.. Upgrades... by JonWan · · Score: 1

      Like taht old joke:

      This is the ax that George Washington used to cut down that cherry tree... I have replaced the head and the handle, but it occupies the same space therefore it's the same ax.

  50. Click the feedback link and... by Sheridan · · Score: 5, Insightful
    ...send them a correction. e.g.
    Dear "Microsoft Education",

    Regarding the page:-

    http://www.microsoft.com/education/?id=DonatedComp uters

    This page contains absolutely incorrect information.

    The relevant portions are quoted below:-

    "...make sure that the hardware donation includes the original operating system software. Keeping the operating system with the PC is not just a great benefit - it is a legal requirement. "

    and

    "Q. Why should a donor include the operating system with their PC donation? A. It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC."

    There is no such legal requirement. The only legal requirement is that the OS on the donated PC at the time of the donation must be a legally licensed copy and that the licence (and any media etc.) are transferred with the PC.

    It is perfectly legal to deinstall the pre-installed operating system and replace it prior to donating provided that the donation includes any necessary license for the OS (and other software) included on the PC. Your page is (deliberately?) misleading on this point. I presume that this is to discourage the use of non-Microsoft (since who elses OS currently gets pre-installed by OEMs?) operating systems within schools.

    I look forward to the page being corrected.

    Regards

    1. Re:Click the feedback link and... by bluebomber · · Score: 2

      Not that I know anything about the law in this area (or anywhere, really), but could it be possible that there is a specific law surrounding donated computers, or is it merely that the FUD campaign has been effective:

      http://www.techsoup.org/recycle/acquire.cfm

      Not that I really believe it, but I have to wonder what they're thinking. Selling/donating "naked pc"s isn't illegal, right? Or MS wouldn't have had to put up that "naked pc" memo to oem's, right?

    2. Re:Click the feedback link and... by magnwa · · Score: 1

      Except in the US, it IS a legal requirement. The EULA licenses the software for the machine, not the user. The law stipulates that you must provide the following when you give/sell a computer:

      An OS
      The EULA the OS is under
      The Certificate validating the EULA and OS as legal.
      Media for that OS (commonly referred to as "the restore disk")

      Go ahead.. order something from VA Linux.. or a computer from Penguin computing. They almost ALWAYS (and they have to) send you a copy of the OS installed on the machine. It's the LAW.

    3. Re:Click the feedback link and... by cdrudge · · Score: 2

      So the computer I bought last year at a computer show that didn't have any OS installed was illegal?

      If you re-read what the original poster said, (s)he said "It is perfectly legal to deinstall the pre-installed operating system and replace it prior.... This being /., I think the assumtion is that Linux/FreeBSD/etc could be the "replacing" OS.

    4. Re:Click the feedback link and... by EzInKy · · Score: 1

      Quote from the site:

      " If you accept a donation, try to get the software that goes with the donated computer.
      The most important software to have is the operating system. A four-year-old computer runs best with four-year-old software, and it often runs much slower on new software. If the computer came with Windows 98, make sure that you get the media (the CD or disks), and the manual that usually contains the Certificate of Authenticity. It is actually required by law to leave the operating system and current license loaded on a donated computer."

      What supposed "law" are they talking about here?

      --
      Time is what keeps everything from happening all at once.
    5. Re:Click the feedback link and... by magnwa · · Score: 1

      That's actually what I said too :)

      But.. on the flip side.. if it is preinstalled, it must come with the original materials if you still have them. In the case of OEM software (recovery disks, etc) , legally by the sales agreement of the computer and the EULA (it's in both) , the media must accompany the hardware.

      That's preinstalled, though.. like Dell, Gateway, etc.

    6. Re:Click the feedback link and... by Sheridan · · Score: 2
      Except in the US, it IS a legal requirement. The EULA licenses the software for the machine, not the user.
      Your comment about the EULA is correct, but the only bearing it has on the matter in hand is that if you do replace the pre-installed OS on a computer, you cannot install the original OS anywhere else. i.e. you can put it in the bin, incinerate it, blast it into orbit or whatever. The only thing you can't do is to use that copy of that OS on any computer other than the one it was licensed for (i.e the one it came pre-installed on).

      Absolutely the only thing that the EULA on a piece of software can can dictate is what you can (or rather what you can't!) do with that software. It cannot affect what you can or can't do with the computer that the software was installed on, or some other legally licensed OS that you install instead.

      Microsoft seem to have (deliberately? who knows?) stated the requirement the wrong way round. Maybe someone should remind them that just because all cricket bats are made of wood it doesn't mean that everything made of wood is a cricket bat.

    7. Re:Click the feedback link and... by bluebomber · · Score: 2

      Heh. Look under:

      http://www.techsoup.org/global_partspon.cfm

      and especially

      http://www.techsoup.org/global_launch.cfm

      Maybe they're getting "advice" from their sugar-daddy?

  51. Idea by pubjames · · Score: 2


    Now that I've calmed down, I've had an idea.

    Why don't we set up a web site which tells schools how to accept donated PCs, but specify that if it does not come with all the necessary licences, the cheapest thing to do would be to install linux and free open source software packages on it?

    Say that Microsoft might take legal action against you if you don't have the licences, so it's safer to install non-Microsoft software?

  52. What about upgraded OSes? by punchdrunk · · Score: 1

    So if I bought Win95 and then a Win98 upgrade, does MS expect me to wipe the machine, re-install Win95 and then give it to them? Or would it be OK as long as I provided them with both the original media and the 98 upgrade media? (I suppose in a sense the original OS is still there since upgraded).

    And how exactly are they going to verify that the OS provided is the "original OS"? If I wipe the drive and install a full copy of 98 or Win2k how are you going to know that that wasn't the original?

  53. Silly, silly Microsoft by mark_space2001 · · Score: 3, Insightful
    Q. Why should a donor include the operating system with their PC donation?

    A. It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC.

    *sigh* More Microsoft FUD. I don't remember that requirement being stated when I bought any PCs, I wouldn't have bought them if it was, and I doubt I'm bound by it now.

    Let's face it, 50% of the pre-installed software doesn't last 5 minutes after I get it home (AOL, etc.) And after about 2 years, I've usually removed it all anyway and upgraded. I don't keep original install disks after that, they just clutter up the place. How could MS infringe on my right to use the computer in the very reasonable manner, when they themselves sell every kind of software updrade immaginable?

    Sure, I can't go buy a copy of Windows XP, install it, then "donate" the computer but keep my purchase to install again. But that's not what MS is saying here. This article is just another bad PR story waiting to trip MS up. What are those guys thinking? Not much, is my guess.

    If you want to donate a PC, my recomendation would be to erase the HD(s), then remove all the drives from the system. Then donate the parts to a school. Tell them it's parts, and you don't know where they came from. If the teachers can't put it back together, then I bet the students can.

    1. Re:Silly, silly Microsoft by Anonymous Coward · · Score: 0

      > If you want to donate a PC, my recomendation would be to erase the HD(s), then remove all the drives from the system. Then donate the parts to a school. Tell them it's parts, and you don't know where they came from. If the teachers can't put it back together, then I bet the students can.

      If you've erased the drives your work is done. Since the PC is donated without an installed OS, there is no need to provide any paperwork on said nonexistent OS to the new owner. No license violation by the new owner is possible since there is no installed OS to run.

      And you now have a set of Windows coasters to go in the same kitchen cabinet as those nifty AOL coasters :-). Use the license and other associated OS paperwork for kindling at your next fire or barbeque.

  54. Microsoft's Guide to Dating by shawnmelliott · · Score: 1

    Q. May I date just anyone?
    A. No, anybody you date must have a valid license to drive in your state. If the person does not come with a license then you must not date them. It's not just a convenience that they have a license - It's legally required

    Q. Do I need the person's parent's permission?
    A. Yes, if the person you are dating has parents then it is legally required that you receive their clothing, space and all belongings given to that person by their parents.

    Q. Can I marry a person
    A. That depends on whether you were married in the MS (c) Window of Bliss (tm) temple. If you were not then you are probably not legitimately married. Please click here [http://legally_married.microsoft.com/are_you_legi t.html] for more information on finding out if you are legally married.

    1. Re:Microsoft's Guide to Dating by Anonymous Coward · · Score: 0

      May I take a stab at patching this up a bit?

      Q. May I date just anyone?
      A. No, anybody you date must have a valid PassPort(TM) enabled license to drive in your state. If the person does not come with a license then you must not date them. It's not just a convenience that they have a license - It's legally required

      Q. Do I need the person's parent's permission?
      A. Yes, if the person you are dating has parents then it is legally required that you receive their clothing, space and all belongings given to that person by their parents. The transfer of IRA balances is covered under a special section
      [http://MS_passport_use_tax_on_IRA_transfers/how _m uch_to_verify_I_am_me.html]

      Q. Can I marry a person?
      A. That depends on whether you were married in the MS (c) Window of Bliss (tm) temple. If you were not then you are probably not legitimately married. Please click here [http://legally_married.microsoft.com/are_you_legi t.html] for more information on finding out if you are legally married.

      Q. Can I upgrade to a new person, replacing the old one I married?
      Provided you were legitimately married (see previous question), then under some circumstances the answer is yes. You must, however, keep supporting the old one.

  55. Wow. by Kupek · · Score: 2

    It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine.

    Wow. I mean, wow. I can't believe they actually said that with a straight face. (Then again, maybe they didn't.) Using this logic, I could not donate my little e-machine to a school because it has Linux on it, and not Windows 98, which was the pre-installed OS.

    1. Re:Wow. by Anonymous Coward · · Score: 0
      I could not donate my little e-machine...


      Yes you can but you must also handover the Win98 disks, license, etc.
    2. Re:Wow. by Anonymous Coward · · Score: 0

      > Yes you can but you must also handover the Win98 disks, license, etc.

      No, You Don't have to. You may *wish* to, it would be a courtesy, but you are NOT legally obligated to do so.

      That OS can't be used on any other machine, but mere possession of the materials does not violate the license. Only using that copy of the OS on the wrong machine violates the license.

  56. is that so... by bbkingadrock · · Score: 1

    from the naked pc page - "Mention that preinstalling the operating system on the new PC saves considerable time, expense and trouble."

    ohh really. thats strange, i didnt know they hyped installing windows as "considerably time consuming, expensive, and troublesome!"

  57. Microsoft trolls slashdot again by tps12 · · Score: 2
    Great to see how riled up MS can get the slashdot readership. For those who haven't figured it out, "legal requirement" refers to the OEM Windows license agreement. It's not a law, but it is a legal document.

    MS is letting these groups know that, if they are planning to use whatever OS is on the machine when they receive the donation (and they probably are), then they should make sure they are getting the license for that OS. This is the kind of thing that businesses are very aware of, but the same isn't true of non-profits, schools, etc.

    Yes, MS is trying to sell more copies of Windows, but it's also trying to keep good people from unknowingly breaking the law because of a sloppy donation.

    --

    Karma: Good (despite my invention of the Karma: sig)
    1. Re:Microsoft trolls slashdot again by jedidiah · · Score: 2

      This is pure bullsh*t. If the vast majority of PCs are sold with WinDOS FORCED onto them by exclusive OEM contracts, then infact all PC users have a right to use WinDOS.

      The problem is determining which version of WinDOS was originally licensed to the hardware.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    2. Re:Microsoft trolls slashdot again by tps12 · · Score: 2
      If the vast majority of PCs are sold with WinDOS FORCED onto them by exclusive OEM contracts, then infact all PC users have a right to use WinDOS.

      Well, just that same "vast majority." My PC, for example, has no Windows licensed to it, and likely never will. It's not that simple, also, b/c lots of the bigger PC makers have their own modified versions of Windows.

      Also, donated computers are almost by definition outdated. The donators probably don't intend to keep the old copies of Win95 that came with the boxes, so MS is just trying to tell the donatees to remind the donators to get them the licenses as well.

      --

      Karma: Good (despite my invention of the Karma: sig)
    3. Re:Microsoft trolls slashdot again by jedidiah · · Score: 2

      So? It's the identity of the OEM that would matter. Model X, sold on date Y by OEM Z could be associated with a particular version of WinDOS.

      This webpage was directed at schools, not donors. Your assertion that it is directed at the true potential pirates in this situation is simply not supportable.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  58. Calm down... by Anonymous Coward · · Score: 0

    If you read the question the answer is associated to: "What does the donor need to do to donate a PC with the operating system?" They are saying that it is necessary to transfer your license rights...
    That's not unreasonable, and /. covered an article on this some months ago. In order to keep the schools butts out of a sling they MUST have the licenses when they are donated machines with windows already installed on them or they will have MS lawyers on them fast as hell.

  59. Only the intial user! by SheldonYoung · · Score: 2
    The Windows 98 EULA states:
    The initial user of the SOFTWARE PRODUCT may make a one-time permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer must include all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity).
    Therefore you can only give your software away if you are the one and only previous owner and have everything that came in the box. Don't have the certificate of authenticity or the registration card? Bought the machine used or got the computer as a hand-me-down? Now you can't even GIVE it away. Maybe this is a good thing.
    1. Re:Only the intial user! by Anonymous Coward · · Score: 0

      Ok, what if the user who I decide to sell this "one-time permanent transfer of this EULA" to does not accept the terms of the EULA. Can he ask for a refund for the software from Microsoft or must I contact the manufacturer for the refund.

      Now according to MicroSoft I have to contact the manufacturer for a refund.The following was from the Toshiba/Eula refund bruhaha of a couple years ago.
      According to a Microsoft spokesperson contacted earlier this week, "If a user buys a PC from a PC manufacturer, then in this case the user is a customer of the manufacturer. The licensing agreement states that the user should contact the PC manufacturer for instructions on return of the unused product or products for a refund. This is Microsoft's official position."


  60. Harsh tactics by Cirrocco · · Score: 1
    This is inexcusable. M$ is suggesting that Windows be left on there, but if you don't do it all nice and legal like, your school might suffer consequences. Notice at the bottom where they suggest you have a site license for the school?

    I donated a PC to a school once, and was damned sure to put Linux on it.

    Gates, you can keep your OS. I don't want it and I don't need it.

  61. There's an easy solution: by VistaBoy · · Score: 1

    1. Install Linux on the computer.
    2. Find that cardboard license that entitles you to use Windows on the PC.
    3. Find the CD for Windows that came with the PC.
    4. Give the school the Linux PC with the Microsoft OS CD. That way they can choose to install the Microsoft OS or not. If Microsoft's product is the best thing, the school theoretically install Windows from their own free will.

  62. Self-contradictory advice by kindbud · · Score: 5, Interesting

    Q. Why should a donor include the operating system with their PC donation?
    A. It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC.


    Ok, that sounds pretty dubious, but let's accept it for the sake of argument. Now on to the contradiction:

    Q. Can I upgrade the operating system on a donated machine?
    A. Yes, once the machine and installed operating system is transferred to your school or institution you own the PC and the licensed software. You can upgrade via Microsoft Academic Licensing Programs: Microsoft School Agreement Subscription, Microsoft Campus Agreement Subscription, Microsoft Academic Open or Microsoft Academic Select. Contact your preferred Microsoft Authorized Education Reseller for details.


    OK, so which is it? Does the school license the software on the used PC, or do they own it?

    If they own it, what was the status of ownership by the donor, prior to the donation? Did the owner own it? If he owned it, then he does not have to transfer it with the PC, since it is his property to do with as he sees fit. If he did not own it, how come the school becomes the owner when they accept transfer of the license from the donor? Does this mean we can "launder" EULA's by donating each other the PCs we wish to buy? Seems like receiving a donated OS with a donated PC is the way to own the OS instead of just becoming a licensee.

    --
    Edith Keeler Must Die
    1. Re:Self-contradictory advice by Anonymous Coward · · Score: 0

      That kind of comment is what keeps me comin back to /.

  63. Re:My Experience With Linux... by Anonymous Coward · · Score: 0

    That's for part two. ;)

  64. "Legal requirement"? by mgkimsal2 · · Score: 5, Informative

    It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC.

    Which law states this? A state law? Federal law? Decree of the UN?

    What if I donate PCs that I built myself without an OS "installed"?

    A "legal requirement" sounds very much like a scare tactic. If anything, you'd think they'd want the opposite - they'd want a school to get a bunch of PCs, but then REPURCHASE more Windows licenses 'just to be sure', upping MS' sales.

    They pretty much get a sale for every PC in the US now anyway. I'd be interested to know what their license sales are per year vs the number of PCs sold that year. I've a hunch Windows license sales may be higher than PC sales.

    1. Re:"Legal requirement"? by gaudior · · Score: 1

      Legal Requirement refers to the CONTRACTS and Licence Agreements Microsoft has with OEMs, and end users. (EULA). These are not laws in and of themselves, but ARE legal requirements, enforced by other contract law.

    2. Re:"Legal requirement"? by Anonymous Coward · · Score: 0

      Which law states this? A state law? Federal law? Decree of the UN?

      It's not the law, it's the "one microsoft way(tm)(c)" to do things.

    3. Re:"Legal requirement"? by Dirtside · · Score: 2

      If I am a school, and someone donates a computer to me, I can do whatever the hell I want with it, no matter what contracts the prior owner may have entered into. I am free to set fire to the license and format the hard drive, and then put Linux on there if I feel like it. Since I have never agreed to any contract with Microsoft, there is no "legal requirement" for me to do ANYTHING with that OS/license. Microsoft might be able to go after the donor for violating the contract that the donor and MS have, but they could not go after me -- I had no contract with either Microsoft or the donor.

      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    4. Re:"Legal requirement"? by G00F · · Score: 1

      Contacts need to be signed.

      I have yet to see any such EULA that even asked for a signature. Until that happens, how can you even claim that the person who you claim is breaking the contract, was even the one who clicked on ok.

      --
      The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive
    5. Re:"Legal requirement"? by gaudior · · Score: 1

      You are correct. The point is, the donor of the PC is required to surrender the licence that came with the machine, if one did. That's ALL. It has NOTHING to do with the receiver of the donated PC.

    6. Re:"Legal requirement"? by macrohard0 · · Score: 0

      The EULA applies to software, if at all. The computer hardware is plainly sold. Assuming the EULA is enforcible, it may prohibit installing the OS on a different computer. But nothing can prevent me from whiping it out from this one.
      EULAs often restrict when and how you may copy or use software, presumably drawing their power from the copyright law. No EULA can prevent you from outright *destroying* your copy of the software, because that has nothing to do with the author's exclusive rights.

  65. Easy mistake by ilyag · · Score: 1

    Yes, and the only OS you ever can use is Windows.

    Oh, yes, if you are a lawyer, you can understand that we mean this only if you got the other OS illegaly.

    I don't think that such vague statements are accidental - they can really hurt.

  66. Doesn't matter what the guide says... by subhuman666 · · Score: 1

    ...the kids' heads will explode if they discover there are any such things as alternate operating systems anyway. There are probably about three people in a school of 500 kids that have heard of anything but MS or Apple, and they're all busy stealing mouseballs and disabling Cyberwatch.

  67. Interesting by NitsujTPU · · Score: 2, Interesting

    When I worked for the Navy we would only give PC's to schools once their disks had been completely erased. There was no protocol for handing down software either. All software HAD to be destroyed by CUTTING the media it came on.

    I suppose that M$ would not approve of the fact that schools bought licenses of windows to run on boxes that would cost less off the shelf than a windows license...

  68. busted!!! by chickerino · · Score: 2, Funny

    "It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine"

    "The following should be included with the donation of the PC.
    All copies of the software on original disk or CD, including back-up and/or recovery materials"

    So does this mean that in the event of your PC going horribly wrong (I mean it never happens to windows, but just say it did...) you might have to re-format and use your backup cd. in the time that you have no OS on your pc (because you just formatted the HD duh!) you are liable to be *BUSTED* by the powers that be?

  69. Site licenses? by st0rmshad0w · · Score: 3, Interesting

    I'm sorry, if my educational institution is site licensed for all the MS OS's we use, I'll take any machine thats useful, OEM OS with it or not.

    1. Re:Site licenses? by Jess · · Score: 1

      You need to carefully look at your site license to see if it only supplies windows upgrade licenses. If so, each machine will have to have an original windows license.

  70. Go ahead and sue them then... by jocknerd · · Score: 0

    How much money do you have to waste 5 years in court?

  71. So cheaper upgrade, no new purchase? by gelfling · · Score: 2

    Sounds good to me. MS is FORCING you to purchase a cheaper upgrade in lieu of just buying a more expensive non upgrade version should you want one.

  72. Hm by zapfie · · Score: 4, Interesting

    Hold on.. so Windows sold on Ebay (e.g. transferring your licence to another user) gets Microsoft pissed enough to start demanding they be pulled off the listings, but giving your Windows copy to schools (e.g. transferring your licence to another user) is fine by them? Am I missing something?

    --
    slashdot!=valid HTML
    1. Re:Hm by PlaysWithMatches · · Score: 2
      Yes, the part you're missing is that Microsoft does not want the license transferred at all if it was a copy of Windows that came with your PC. With regards to this school stuff, they're talking about transfer of Windows with the PC it came with. That, to them, is ok.

      But they're saying that if the PC does not appear to come with the originally-bunbled copy of Windows, then the school should not accept it. Supposedly the original purchaser of the PC is off enjoying (heh) their copy of Windows on another system, which would be a big no-no in Microsoft's eyes.

      --

      Mozilla's a nice operating system, but it needs a better browser.
    2. Re:Hm by Anonymous Coward · · Score: 0
      Hold on.. so Windows sold on Ebay (e.g. transferring your licence to another user) gets Microsoft pissed enough to start demanding they be pulled off the listings, but giving your Windows copy to schools (e.g. transferring your licence to another user) is fine by them? Am I missing something?

      You are, indeed.
      • e.g. means exempli gratia
      • i.e. means id est
      I believe you meant i.e. where in fact you wrote e.g. which is quite common among people who use Latin abbreviations while not understanding them (this is true with using any kind of words which one does not understand). I would suggest getting a Latin-English dictionary if you are going to use Latin words, otherwise you may be percieved as a fool by more intelligent part of population (please take no offense, these are facts).
    3. Re:Hm by zapfie · · Score: 1

      Huh. I guess you learn something every day, thanks. Ok, I used e.g. incorrectly, in the future I'll try to watch that. However, I am having trouble following the rest of your logic.. People talk to me using "u" and "your" instead of "you" and "you're" all the time. They also forget capitalization and punctuation. Yeah, it's incorrect, but I got their point, and that's what counts. I can't see how truly intelligent people would care more about the way something was said rather than the essence something was said. While I appreciate your post, I think you might wish to reconsider the logic in your second paragraph a little bit.

      --
      slashdot!=valid HTML
    4. Re:Hm by Tony-A · · Score: 1

      Yeah, it's incorrect, but I got their point, and that's what counts.
      Yes, but.
      It's the difference between on target and close enough, between a program working correctly and kinda-sorta.
      It raises reactions when it's almost, but not quite right, when "it's a diamond in the rough" has one smallish "rough".
      Great point, BTW, and expressed eloquently. If it were weaker, nobody would care about the precise usage.

    5. Re:Hm by Anonymous Coward · · Score: 0

      Dude the AC is correct; your use, and more imortantly your correct useage, of language is a (posssibly an unfair) quantifier of your intelligence. That's just the way it is.

    6. Re:Hm by zapfie · · Score: 1

      That's kind of unfortunate, then.. I personally think it's very unfair. If I have poor grammar usage, does it make me a worse programmer?

      --
      slashdot!=valid HTML
    7. Re:Hm by zapfie · · Score: 1

      Hm.. I guess I can see how it could be viewed that way. Thanks for the insight.

      --
      slashdot!=valid HTML
    8. Re:Hm by Anonymous Coward · · Score: 0

      Yeah, it's incorrect, but I got their point, and that's what counts. I can't see how truly intelligent people would care more about the way something was said rather than the essence something was said.

      This is exactly what I meant: essence. This is how I understood your comment:

      Hold on.. so Windows sold on Ebay (for example transferring your licence to another user) gets Microsoft pissed enough to start demanding they be pulled off the listings, but giving your Windows copy to schools (for example transferring your licence to another user) is fine by them? Am I missing something?

      Only after the second "for example transferring your licence to another user" I stopped and decided to read it again, assuming that it must have been incorrectly spoken. You see, it is not that you wrote "thet is" instead of "that is", you wrote "for example" instead of "that is".

      (Once I saw someone wrote "I am using a QUWERTY keyboard". While reading it, I didn't think that this person had just misspelled a word, instead I thought that he had absolutely no idea why QWERTY keyboard is called that name. I remember that I was wondering if such stupidity is even possible. But then again, it could have been just a very well thought joke, I will never know that.)

      This is the kind of mistake that makes the reader wonder if you have any idea what does the e.g. mean in the first place. And assuming that you don't know what does it mean, while still you use it, it doesn't look very intelligent. This is only my personal opinion and please take my sincere apology if only you found that offensive.

      Maybe there are other two words, the first starting on e and the second starting on g, which have the meaning valid within your sentence, I am very curious what were you thinking about while writing it. Because misspelling i with e and e with g at the same time, randomly building another valid Latin abbreviation, is so improbable that I would never believe in such a reasoning.

    9. Re:Hm by Anonymous Coward · · Score: 0

      That's kind of unfortunate, then.. I personally think it's very unfair. If I have poor grammar usage, does it make me a worse programmer?

      If you are unable to understand programming languages semantics, like you don't understand spoken equivalents - then yes. But it doesn't make you a worse person.

      Remember that programming is most importantly and first of all a craft of applied linguistics, in a very specific empirical sense. The mathematical aspects are much less important.

      Please tell me, what do you think about the direction of Perl 6 development? Have you read all of the Larry Wall's Apocalypses and Damian Conway's Exegeses? Do you understand them entirely? What do you think about complex syntax and semantics in Perl, and the evolution of Perl language from version 4 to 5 and now from 5 to 6?

      These are not rhetorical questions, I'm actually interested in writing a book, a psychological study about every observable correlations between the linguistical skills and the ability to effectively use programming languages.

      While reading Larry Wall's Apocalypses (you can find those documents on-line) were you experiencing thoughts like "are this guy insane?!" or maybe more like "this man is a genius!", or anything between?

      Please tell me which (and, most importantly, why) programming (and also spoken) language is your "language of choice", as well as if you had any serious problems with learning spoken languages when you were a kid (I mean the most abstractive syntactic and semantic concepts).

      I am also looking forward to hear any opinions of other people. I am new to Slashdot.org discussion forums so I don't know how many answers I will get, but the more the better.

      Thank you.
      J.
    10. Re:Hm by Anonymous Coward · · Score: 0

      I can see your logic, but I happen to know someone with a double Ph.D. in computer science who can't write for the life of him, but is a genius at design and programming.

    11. Re:Hm by zapfie · · Score: 1

      In this case, it's that I had the wrong idea about what it meant. Somehow I had them backwards in my head. It's not so much I was throwing terminology I didn't know out to sound intelligent, if that's the idea you got.

      Maybe we just have different ways of interpreting things; you put more emphasis on the way things are said than I do. Not that either way is better or worse, but I tend to just stop, figure out what they meant, and move on without using it as a mark against them. But perhaps that leads me into situations where I misinterpret people. Anyway, no offense taken, and please don't take offense to my comments.

      --
      slashdot!=valid HTML
    12. Re:Hm by zapfie · · Score: 1

      You may have more luck gathering information in other ways. If posts are off topic, they tend to be modded down here. Also, if you don't login, your comment is rated at 0 for starters, and the default threshold is comments rated 1 and above. I would create an account here, contribute to discussions, and add a link in your signature that leads to a page or an entry in your slashdot journal asking people's input.

      --
      slashdot!=valid HTML
    13. Re:Hm by Anonymous Coward · · Score: 0

      > It's not so much I was throwing terminology
      > I didn't know out to sound intelligent, if
      > that's the idea you got.

      Dude, this AC did't say you sound intelligent,
      you sound stupid and that's the whole point!

    14. Re:Hm by Anonymous Coward · · Score: 0

      *coughtrollcough*

    15. Re:Hm by Anonymous Coward · · Score: 0

      But does he use such languages like Perl, or rather the syntactically simpler ones like Java, or maybe even Python? This is actually quite an important observation of mine, linguistically smarter people tend to use Perl, while people linguistically impared (however smart they can otherwise be) tend to use Python, with Java in the middle (but Java is used by people with lower IQ than those who use Perl or Python). The chart looks like a triangle. There are not many people who have great linguistic skills but have very low IQ, but there are many of people with high IQ and poor language skills (1), and of course those who have high IQ and are great with language (I mean the abstract and complex syntactical structures, as well as the deep semantical meaning of certain words) (2) and there are those with low IQ and poor linguistic skills (3). There is a strong correlation of the, so called, "programming language of choice" with IQ and language skills. Python is near (1), Perl is near (2), and Java is somewhere between (1) and (2), but a little bit to the direction of (3). I find it very interesting discovery. I'm surprised that there are not so many comments on this Slashdot forum, I wonder why. I thought this is a portal for people who have a strong intrest in programming.

  73. Microsoft cares, really by smoondog · · Score: 4, Interesting

    Microsoft recommends that educational institutions only accept computer donations that are accompanied by proper operating system documentation. If the donor cannot provide this documentation, it is recommended that you decline the donated PC(s).

    Says:

    We like the idea of you donating, but we really don't want to donate ourselves. We do care, we really do. But remember an undocumented computer is worse than no computer.

    -Sean

  74. Confusion? by ZaneMcAuley · · Score: 2

    From the posts on here, I would say a YES :)

    It is open to many ways of interpreting this. MS's way, the lawyers way, the users way, the courts final say :) Dont licenses have to be CLEAR AND UNDERSTANDABLE? They obviously arnt meant for users to understand, lawyers only :D

    --
    ----- Whats wrong with this picture? http://www.revoh.org:1234/whatswrong
  75. Total BS by Macho+MadDog · · Score: 0
    This is totally false. From their web page:

    "It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine"

    What that says is that, according to the license aggreement, you can NEVER install over the OS on your machine. Have Windows 98, but want to upgrade to Win 2K? Buy a new computer, can't install it on your old one. Wrong, wrong, wrong... You bought the computer, you can do whatever you like with it. That's the law!

    Now, under the license agreement and current law, it would be, ahem, illegal to take that Windows 98 and install it on another computer... but that's not what they're talking about here. They're saying you can't ever throw away the original OS disks and install a nice, free piece of software like Linux or whatever else you want (of course, they might make an exception if you use a nice new shiny OS from MS, how generous of them). This is just more FUD from Microsoft.

    (Sounds like they can take a page from the RIAA's stance on the legality of making MP3's off of CD's you've bought and paid for)

    1. Re:Total BS by Macho+MadDog · · Score: 1
      dahheskett sagely observed:

      They are just saying that if you give away a PC to a school you have to include the original copy of Windows with documentation and whatnot

      Yes, I ageee, that's exactly what they're saying, but my point is that they're wrong. There are two situations that allow you to be in total legal compliance when you donate a computer:

      1) You've bought a computer with Windows, and you haven't installed over the OS. In this case, you are required to donate the original license/software

      2) You've bought a computer with Windows, and have removed the original OS, and then donated it to the school. In this case, there is no leagl requirement that the original license and software be donated as well

      Microsoft's web site, oversimplified or not, incorrectly states that #2 is illeagal. Once again, the quote from their website:

      "It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine"

      It's not a requirement, you can remove the OS from the machine whenever you want. Microsoft states that you can't, that is not correct, and that was my point.

    2. Re:Total BS by Macho+MadDog · · Score: 1
      once again, with the tags correct

      dahheskett sagely observed:

      They are just saying that if you give away a PC to a school you have to include the original copy of Windows with documentation and whatnot

      Yes, I ageee, that's exactly what they're saying, but my point is that they're wrong. There are two situations that allow you to be in total legal compliance when you donate a computer:

      1) You've bought a computer with Windows, and you haven't installed over the OS. In this case, you are required to donate the original license/software

      2) You've bought a computer with Windows, and have removed the original OS, and then donated it to the school. In this case, there is no leagl requirement that the original license and software be donated as well

      Microsoft's web site, oversimplified or not, incorrectly states that #2 is illeagal. Once again, the quote from their website:

      "It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine"

      It's not a requirement, you can remove the OS from the machine whenever you want. Microsoft states that you can't, that is not correct, and that was my point.

    3. Re:Total BS by Macho+MadDog · · Score: 0, Offtopic
      I do get your point. If you were to ask me, does Microsoft REALLY mean to say that they think installing over the orginal software is illegal, I would say of course they don't REALLY mean it. They're too smart to try to make that claim, because even they would be laughed out of court.

      But, if you were to ask me if this was an ACCIDENTAL misstatement on this web site, I would have to say I'm not very sure at all. The misinformation is clearly in their benefit: schools relying on this web site for information will incorrectly believe that they can't accept any PCs that don't have the pre-installed OS, which essentially locks them into a MS only solution. And when minsinformation publicly presented by a company leads to a benefit to that company, I get angry, whether the misinformation was intentionally presented or not.

  76. Donated PC's not necessarily the best value by mikosullivan · · Score: 2

    Using donated computers in the schools is a good-spirited idea, but it turns out it's not usually the most cost-effective way to get computing to the kids. My friends who have worked on the Yorktown High School LTSP project say that the cost of maintaining old PC's ends up being much greater than just getting thin clients for LTSP. (Those thin clients are really where LTSP saves money: Windoze requires overweight clients.) They say that by getting a set of homogenous thin clients they can maintain the hardware with a minimum of effort. The thin clients run longer because they have fewer parts, and they cost less to replace if they do break down. Finally, the expertise to maintain them is easier to obtain: once you know the quirks of one of the thin clients, you know them all.

    --
    Miko O'Sullivan
  77. Legal action? by Greg+Merchan · · Score: 2

    Is there the possibility of forming a lawsuit against Microsoft for all the FUD they spread?
    Every time I see this stuff, I can feel the blood pulsing in my veins and arteries; certainly that cannot be healthy.

    One of the things to include is the "Illegal Operation" error message. I have yet to find what law has been broken, or anything that might help me to find it.

    I'm not trying to be funny. I don't know what laws would apply to this or how damages could be
    determined, but certainly this kind of dishonesty must be illegal.

    I'm further dismayed by this insofar as Microsoft is regarded as an exemplar of capitalism. I thought capitalism rewarded the ability to produce and honestly sell, not the ability to steal and defraud.

  78. About "legally required" by pangur · · Score: 5, Interesting

    I am a landlord, and I own a two-family house. Recently online I found a guide written by a lawyer on how to be a landlord in my state. It is very well written, and one of the ideas that I got was this,

    If you say that something is the law, and it isn't, the tenant can sue you for treble damages.

    If you don't de-lead your house, and you let children under six live there, and you say to the tenant, "Oh, I'm exempt from de-leading because of this special provision / grandfather clause", then the tenant can sue you for misrepresenting the law.

    So, I'm tempted to wonder if Microsoft can legally dole out legal advise that is prima facie incorrect and misleading. I would suggest the Microsoft's legal department take a look at the FUD for liability purposes.

    If it can happen to me, it should be able to happen to Microsoft.

    1. Re:About "legally required" by pjt48108 · · Score: 1

      Since the blurb calls it a legal requirement, rather than 'The Law' I would have to guess that what they REALLY are saying is "We have required this in the past, and it has held up in court thus far, which means that our monopolistic requirement is deemed LEGALLY ENFORCEABLE." In the which case, I would suspect that, given our litigious society (which is slowly awakening to the fact that they are not M$'s bitches), it is only a matter of time until some granny gets jailed for breaking her EULA, and tugs at a nation's heartstrings in an ABC Sunday Night Movie, severing Bill Gates' umbilical connection to the world's wallet (and pulling down huge ratings).

      Well... I can dream, can't I?

      --
      Mmmmmm... Bold, yet refreshing!
    2. Re:About "legally required" by sean23007 · · Score: 2

      Yeah, but we don't all live in Microsoft's house... ;)

      --

      Lack of eloquence does not denote lack of intelligence, though they often coincide.
    3. Re:About "legally required" by Anonymous Coward · · Score: 0

      If it can happen to me, it should be able to happen to Microsoft.

      Heh. How much did you donate to Bush/Cheney in 2000?

    4. Re:About "legally required" by Anonymous Coward · · Score: 0

      Depending on the state, you may or may not be required to de-lead your house. But in all the states, if the child living in the apartment you own comes up with an elevated blood-lead level, then you are responsible period. There are a few rare exceptions in a few states, having to do with notice, condition of apartment prior to and during rental, and a few other circumstances. But in about 99% of the cases, you are responsible. And the rights of the child to sue your ass can't be signed away by the parents. This results in an instant settlement amounting to $10-20 thousand dollars and higher if you are insured, and the insurance covers lead. And the insurance company drops you immediately. Which puts you in default of your mortgage if you can't get new insurance. But more likely, your insurance company dropped lead from it's coverage of the commercial portions (the units you rent) of the building. They sent you a paper during one of your renewals the last few years, and it had a bunch of legal mumbo jumbo, along with a note that said that this is an important document, keep it together with your insurance policy.

      So what to do. 1. Pray that the children in the rented apartment don't get a test result that indicates an elevated blood-lead level, which is now standard testing for children. 2. As soon as they move out, before new tenants move in, make the house lead-safe, or lead-free, depending on your budget, your tolerance for pain, and the laws/litigation factor in your state. How to make your home lead-safe/lead-free? If you don't know a lot about renovation/remodeling, hire a certified lead-based paint RISK ASSESSOR, get an hourly quote, and have him walk through the house, explaining what a lead-based paint inspection is, what a lead-based paint risk assessment is, and which he recommends, what the consequences of each can be in your state, and why he recommends one over the other. Then get it done. Then sit down with the risk assessor, and have him explain to you what is involved with hiring a lead abatement contractor to do the work. How to select a lead abatement contractor. Get a least three estimates. Then get the work done before new tenants move in.

      If you can handle the work yourself, you'll need to spend some money to rent or buy a commercial hepa vacuum (preferably buy, or rent with a new filter installed) and other equipment. Go find the HUD Guidelines for Lead-based Paint, and download all the pdf files. Read all 700+ pages, paying particular attention to the Chapter 7 inspection (there is a new chapter 7 revised elsewhere on the site), and other chapters detailing abatement, cleanup, clearance, and other relevant issues.

      When you are all done with the abatement, you'll need a clearance company to check the contractor, or your own work. They'll test for lead in dust, do visual inspection of the work, etc. Do this to check the contractor, making clearance a condition of final payment in the contract, as well as reimbursement/deduction from final payment of any failed tests/reclearance testing required. If you do the work yourself, do the clearance testing anyway. Because if you are sued (and you will be) later, you can prove that you did the work correctly.

      Sell the house and buy a one family house, or buy a house built after 1978.

      Next time an environmentalist/tree hugger/public health official/liberal left wing nut says something needs to be done to save the children, hold on to your wallet. Cause it's gonna cost you. Big time.

      .

  79. when the non-settling states . . . by raresilk · · Score: 2
    in the antitrust suit get hold of this, it'll be great. Talk about a great way to demonstrate that MS cannot be trusted to comply with mere consent decrees - if they are lying to kids in school, they will lie to the court as well.

    --
    No, no, no. This is not a sig.
  80. Who's your school's CIO? by Mannerism · · Score: 1

    Microsoft certainly seems more evil when they rattle their sabres at schools and charities than when their target is merely businesses. But really, schools have the same responsibility to understand, assert, and protect their rights -- and to abide by the law -- that for-profit corporations do.

    Any school board that falls prey to misinformation or scare tactics designed to increase software license sales must, in part, blame itself. If a school principal doesn't understand whether he can legally accept a donated PC, then is there a resource -- a CIO of sorts at the board of education or perhaps a higher level -- to whom he can turn? Should the principal not be doing this instead of relying Microsoft's (obviously slanted) advice? And should the CIO (or counterpart) not be proactively issuing policies about things like accepting donated PCs?

    Bring it up at your next PTA meeting...it's probably more effective than flaming MS on /. :)

  81. This is a sales pitch for their Academic Licenses by PotatoHead · · Score: 2

    All this really is about is the carrot and the stick. If you take the carrot (Purchase their Volume License package for richer schools only!), then you don't have to worry about them whacking you with the stick! (The big bad BSA --Ooooh.)

    People give all kinds of things to schools in all sorts of conditions. Microsoft is trying to get control of this process for their own profit at the expense of others (again)!

    Microsoft loves control of this process for obvious reasons. There are licenses to be sold, and Linux or other free alternatives to be denied. If they call the ground rules, winning the fight is a lot easier.

    For things like donated hardware, control of the process should be with those handling the stuff period. After all they are doing the work, they should be able to enjoy the reward. If this stuff is so valuable why not set up a few M$ Recycling centers?

    There are lots of creative ways to use computers if you combine energetic students a net connection and a supply of hardware. Who knows what they will build? I for one am curious to see what it might be.

    Following the advice in this "guide" (read nicely spun veiled threat!) they will be building exactly what Microsoft wants them to. Licensed profitable for Microsoft PCs. God forbid that these young bright childeren figure out what they could make that old hardware do with say BSD or Linux.

    The whole thing is kind of silly really if you think about it some more. The schools do all the work, M$ does nothing yet makes more over time than the machines are worth with the volume contract. (Good for M$, but bad in general for the school.)

    They do their readers a disservice by not mentioning the free alternatives avaliable. It is not just about their licenses, it is about free alternatives too. A school that reads this document probably has or is considering the volume license. By including that "legal requirement" (Which I seriously doubt is any sort of requirement at all) they marginalize free alternatives.

    What scares them the most is that combination of bright students and the net connection. For the cost of the internet access, they can make all that hardware do good things. Kind of like that volume license without all the hassle. Since most schools are trying to spend a little as they can this option would seem attractive --provided they are aware of it.

    Notice how this "guide" is structured to lead the user away from open alternatives and toward the pay per compute program.

    This could use a response of sorts from the FSF or EFF pointing out the alternatives. You can bet that the educational resellers mentioned at the bottom are not going to be doing it. After all, they have a number to meet each quarter to get their MicroPerk of the month or whatever...

  82. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  83. Re:Plane crashes into building in Milan, Italy!! by Anonymous Coward · · Score: 0

    The pilot issued a distress call citing engine trouble.

  84. ALERT!! M$ Does not really give away free software by Weird+Dave · · Score: 2

    Even if the specific software you received was actually free (because you're a CS student), your school is still almost certainly paying the Microsoft fee so that the general student population can get those titles for "free". In other words, there's no such thing as a free lunch.

    Since you've got their software on your computer, microsoft has already "won you over". If I were you, I wouldn't put any of their crap on my hard drive unless you were forced to by a class.

    --

    Grumble, Grumble
  85. Sue Microsoft for Slander by maxwells_deamon · · Score: 1

    IANAL

    However, I cannot see how donating a naked PC can be illegal.

    If a school says it cannot accept your PC because it is illegal, MS is implying you are a criminal and you should seek legal advice!

  86. And What Pray Tell Is The Origional PC? by HiyaPower · · Score: 4, Interesting

    Consider the following:

    1) Take a machine install windows on it.

    2) Take machine of #1 apart, evenly divide parts into two piles.

    3) Put enough extra parts into each pile to make a complete machine.

    4) Reassemble the 2 machines.

    Now, which machine is the origional one? The one that got the hard drive, but not the processor? The one that got the floppy? Or have you just created 2 liscenses since each machine has equal claim to being the origional machine. This posture on the part of M$ is legally dubious, counter-productive and a total crock.

    1. Re:And What Pray Tell Is The Origional PC? by tuffy · · Score: 1
      Now, which machine is the origional one? The one that got the hard drive, but not the processor? The one that got the floppy? Or have you just created 2 liscenses since each machine has equal claim to being the origional machine. This posture on the part of M$ is legally dubious, counter-productive and a total crock.

      I'm sure, according to Microsoft, *neither* machine is now the original, so you'll just have to purchase two licenses to get either one running. Whenever the question of Microsoft licenses is in doubt, choose the path of maximum greed and that will undoubtedly be the correct one.

      --

      Ita erat quando hic adveni.

    2. Re:And What Pray Tell Is The Origional PC? by smyle · · Score: 1
      which machine is the origional one?

      The one that keeps the serial number. We used this to 'upgrade' some XT's to Pentium servers when I worked at a university. (First we upgrade the case, then the motherboard, etc.) The only thing we didn't 'upgrade' would be the sticker with the equipment ID on it.

      --

      Sleep is just a poor substitute for caffeine, anyway. -Bob Lehmann

  87. My email to Microsoft... by PoiBoy · · Score: 4, Interesting
    Hi,

    I have a question. A couple of years ago I purchased a computer with Windows NT preinstalled, and the first thing I did was reformat the hard drive and install Linux instead. I have purchased a new computer, and I would like to donate my old machine to a local high school's computer club.

    I noticed on your website (http://www.microsoft.com/education/?id=DonatedCom puters) that you state, "It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC."

    I do not even have the backup disks that came with my computer. I deleted Windows as soon as I received the machine, implicitly rejecting your EULA. Moreover, the computer club wishes to run Linux on this machine.

    Therefore, can I not donate the machine that I own to the computer club? As far as I can reason, by completely removing Windows from it and destroying the associated documentation I have removed any Microsoft-related control over this machine.

    Please clarify this for me.

    Sincerely,

    Brian Poi

    --
    Sig (appended to the end of comments you post, 120 chars)
    1. Re:My email to Microsoft... by Anonymous Coward · · Score: 0

      Just curious, why do you ask Microsoft? It has no authority on you and that school in this case. Better ask you lawyer...

  88. Waitaminute... by BitwizeGHC · · Score: 2

    I have a computer with a pre-installed version of Windows. It's a package deal. This Is Significant And Important (TM). I donate the PC to a school. The Windows license must accompany it.


    I seem to require Microsoft EULA's forbidding sale, donation, or otherwise transfer of licenses to Microsoft software without express written permission from Microsoft.

    I guess this means that if I want to give a PC away, I have to write Bill Gates a letter asking him mother-may-I.

    Anyway, I think it's BS, and all the more reason why schools (and everyone else) should embrace Linux or BSD. It builds their brains, too!
    --
    N4st0r, trixx0r h0bb1tz0rz! Th3y st0l3 0ur pr3c10uzz!
    1. Re:Waitaminute... by BitwizeGHC · · Score: 1

      I seem to require
      s/require/remember/

      --
      N4st0r, trixx0r h0bb1tz0rz! Th3y st0l3 0ur pr3c10uzz!
  89. Wipe? by Bill+Barth · · Score: 1
    You could just wipe the hard drive before you send it. Just b/c Microsoft says it's an OEM version, doesn't mean you can't keep the license and the media as long as you don't send the box with that copy of Windows still on it.

    You weren't going to give the machine with all of your data to the charity anyway, we're you?

    --
    Yes...I am a rocket scientist.
  90. They gotta be hurting.... by plazman30 · · Score: 0, Troll

    Making guidelines that make sure people know that they have to buy the latest and greatest OS from Microsoft in addition to that donated PC that came with Windows 95 is just another indication that something bad is going on in Redmond. Think about it.
    1. Product activation prevents people from installing office and Windows XP on multiple computers in the same household.
    2. Microsoft is now telling chartitables that if they want the latest OS they need to buy it, cause it probably did not come with the PC that was donated.
    3. Microsoft is forcing users to upgrade to Office XP, by taking away the upgrade price if they don't upgrade by a certain time.
    This all does not bode well.
    Something else that is interesting. Did you know that Microsoft does not pay ANY dividends to it's shareholders? What this means is that they don't have to put their money where their mouth is. They can claim they made 11 billion dollars last quarter and don't need to send out divident checks to back that claim up.
    All this evidence together makes you really think those boys in Redmond are COOKING THE BOOKS bigtime, and they're hurting real bad.
    I expect at this time next year to see Bill Gates sitting in front of Congress pleading the fifth.
    Here comes Enron all over gain.....

    1. Re:They gotta be hurting.... by Skapare · · Score: 2

      Growing corporations rarely ever pay dividends to stock holders. The value of the stock rises on the perceived value the stock will have in the future (when dividends might be paid out) or in the near future (which someone else is willing to pay you more for the stock than what you paid for it recently, netting your a capital gains profit). While I do believe Microsoft is seeing a sales figure squeeze right now, I don't believe the fact that they have never paid dividends to mean anything. In fact I suspect that once they do start paying dividends, their stock price will stop climbing, and may even begin a long term trend downward compared to the rest of the market as this would be an indication their growth has peaked and the company is leveling out.

      In addition to the basic level of economic recession that all sales figures are affected by, software is more vulnerable because its costs are easier to evade when the software can be installed on extra machines without obtaining the licensing terms to allow it. Without their efforts to make this hard to do in XP, certainly XP would majorly suffer from this. Earlier versions, such as Windows ME and Windows 98, can be multiply installed, and I'm certain a lot of this is taking place in deference to upgrading to XP, which is further hurting the XP sales figures.

      Microsoft has a lot of marketing people working for it. There are whole departments intended for niche markets, many of which are even much smaller than the installed base of Linux, though probably represent a much large dollar figure than the consumer retail unit market. Every different department is individually pressured to work their sales figures up, or to keep them from falling too far. To that end expect each area of sales to be advancing some program intended to drive sales. They are simply not going to skip some area, because there are people in each department that are motivated to be seen as a sales producer to advance their careers.

      No doubt, Microsoft is hurting. Some sales/marketing people who don't produce will end up hurting even more.

      --
      now we need to go OSS in diesel cars
  91. So let me get this straight by DerFeuervogel · · Score: 2
    It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC.

    If I delete the Windows OS from the HD and burn the original disks and install Linux, have I done something illegal? I don't think so. So this seems misleading or worse illegal.

  92. Re:Plane crashes into building in Milan, Italy!! by Anonymous Coward · · Score: 0

    Cool pics though.

  93. Not the same by dapic · · Score: 1

    The operating system has far more usefulness to the PC than the tag to the matress.

    It's more like the workforce to the factory, I think. So MS is really just saying, as Schindler told the Nazi, "You want me to run the factory, you have to give me THOSE jewish workers!"

    Of course we all know what then happened to Schindler's business...

  94. I won't do this, but by datastew · · Score: 1
    I feel so mad, I could spam all the schools in my area with a link to the article and the quote
    It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine.
    How can a 15$ OEM OS force a computer purchaser to use the "pre-installed" OS "for the life of the machine"? Actually shouldn't this qualify as deceptive advertising? Who do you report that to?

    -datastew

  95. Translation by Weird+Dave · · Score: 1

    F*ck*ng = Fucking
    w**kers = wankers (not a bad word)
    t*ss*rs = tossers (not a bad word)

    ***king = fucking
    **bhe*ds = nubheads

    ****ing = fucking
    *i*si*ng = pilsiing
    i*i*tic = idiotic (not a bad word)
    *uc*ing = fucking
    a**eh*les = arseholes
    *an** = canoe
    *a*s*** = carshed
    *i*** = diddly
    *rd*** = orders
    ****p** = crapped
    **s** = nosex
    **e*s*s = breasts

    pubjames said:
    People, out of their good nature, give computers to schools to help educate children.

    Microsoft lie to the schools to try to stop them accepting generous gifts that might make a tiny dent in their massive profits. This makes me so mad.

    It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC.

    Is this true? Even for Microsoft operating systems? They're saying it's illegal to remove an OS from a computer, any computer? F*ck*ng w**kers.

    PC owners have to transfer their license rights to the operating system to your school along with the PC. They may do so as specified in their End-User License Agreement (received at the time of purchase) as part of a permanent sale or transfer of the PC.

    Listen Microsoft. You've made it very difficult so that I, as a PC purchaser, can buy a new PC without buying a Microsoft OS. You know that. So, 99% of computers that are donated to schools are likely to have a legitimate, paid for, Microsoft OS on them. You bunch of complete t*ss*rs.

    The following should be included with the donation of the PC.

    Why? I'll tell you why! To make it difficult for people to donate PCs to schools, that's why. I ***king hate those money grabbing, selfish, **bhe*ds at Microsoft.

    Microsoft recommends that educational institutions only accept computer donations that are accompanied by proper operating system documentation. If the donor cannot provide this documentation, it is recommended that you decline the donated PC(s).

    Why? So Microsoft can profit at the expense of the education of our children? You absolute ****ing *i*si*ng i*i*tic bunch of *uc*ing a**eh*les! *an** *a*s*** of the *i*** *rd***! You ****p** **s** **e*s*s!!!

    --

    Grumble, Grumble
    1. Re:Translation by pubjames · · Score: 2

      **bhe*ds = nubheads

      Actually it was nobheads. Perhaps that's not a word in the USA. It's quite common in the UK.

    2. Re:Translation by pubjames · · Score: 2

      wankers (not a bad word)
      tossers (not a bad word)

      may be not in the USA, but in the UK they are. They both are accusations that you masturbate, I believe. I believe you Americans say "jerkoff" or something like that.

    3. Re:Translation by RembrandtX · · Score: 1

      kinda like the difference between Nickers and Knackered .. A lession well learned while conversing with a (very attractive) co-worker when I was living in Nottingham.

      but she looked *SOO* cute slapping me.

      --

      --Ne auderis delere orbem rigidum meum, non erravi pernicose!
    4. Re:Translation by Anonymous Coward · · Score: 0

      "Man Poo are Tossers."

      Sorta like that?

    5. Re:Translation by Weird+Dave · · Score: 1

      I just thought nobheads was spelled with a 'k', so I expounded that it was another fake word.

      --

      Grumble, Grumble
  96. Grass root effort.. by JohnnyGTO · · Score: 1

    What would it take to set up a resource to educate schools about using Linux and accepting Naked PC's?
    A place were those in the know (us) can access solid facts, pointers etc all ready made for the schools? A way in..

    We sit hear and talk about the FUD but how many of us have taken the time to talk to their local school districts, tell them that Microsoft is not the answer and the way out is from an 5th story window overlooking a 300' cliff ending in jagged rocks and pounding surf?

    Come on Slashdot community lets put together some ideas and get them out there!!!

    --
    Si vis pacem, para bellum! For evil to succeed good men need only do nothing!
  97. Here we go, yet again by Phoenix · · Score: 1

    Oh sure, scare the cash strapped schools into spending more money on the computers and the operating systems and less money on the actual education of our children.

    I'll concede that Microsoft may have a point on any system that comes pre-loaded with an OEM copy of Windows. The vendors get a price break for buying this version of Windows because of that agreement...so there I'll concede the point.

    But...

    What about systems that are donated from people who build thier own computers from components? They can't legally buy a copy of Windows in OEM format and therefore must buy retail box. A retail box has no attachments to any one computer and in my opinion doesn't qualify. In fact I think it has been said at one time by Microsoft (sorry, can't remember what E-Zine that was) that a retail box package of software can stay with the owner and not the machine as long as the machine no longer has the software installed on it. This goes for OS or Application.

    Also as so many of us here are avid *nix users of one flavor or another, there is always the case of GPL. That can be copied legaly...heck the GPL actively permits the free download and copying of software. This makes that whole "Legal" thing that Microsoft wrote in thier little "friendly guide" a load of codswollop.

    One would think that they would have the opposite stratigy of saying that accepting the computer with the license would be "bad" so they can charge even more for addig a few machines to the local academic site license.

    Fear, Uncertanity, Doubt...I hate sequels

    Phoenix

    --
    -- Wiccan Army, 13th Airborne Division "We will not fly silently into the night"
  98. It doesn't start that way.... by SamTheButcher · · Score: 1

    Interesting that the article starts with 3 bullet points about things you should be concerned about and then launches into a table of Q & A that has pretty much nothing to do with the bullet points....

  99. Iam bored by iramkumar · · Score: 1

    Does Slashdot only carry atricles about Windows and Microsoft .There are atleast 3 today.Even +4 comments are beginning to sound repetitive.

    Guys get sensible.
    There are more good things to discuss than these.
    If theres a internal leak at Microsoft its news here. If theres an article somewhere discussing them its news here. To a point its good but after a point it just looks like a unionist discussion forum..

  100. Doesn't that make this document illegal by DerFeuervogel · · Score: 2

    Since you can throw away the original disks if you install say, Linux, wouldn't this document be misleading in a legal sense and thus be illegal?

    1. Re:Doesn't that make this document illegal by startled · · Score: 1

      In most cases, lying isn't illegal. Since they're not technically offering legal counsel, I think this is fine. If someone sued for false advertising, they'd just change the wording. None of these are ever followed up on, and when they are, there are no real penalties.

    2. Re:Doesn't that make this document illegal by thomas.galvin · · Score: 1

      Since you can throw away the original disks if you install say, Linux, wouldn't this document be misleading in a legal sense and thus be illegal?

      Couldn't you say the same thing about half of slashdot posts?

  101. On another note by Kasmiur · · Score: 1

    I was considering donating a little AMD k6/2 350 to my school installed with redhat or debian on it. The school computer lab will take it but they would rather have some course or materials so students can sit and play also learn. So does anyone know of course materials or something that I could download for free to include with this so the machine has a actual work that can be done with it to let the teachers know the students are actually working and not sitting and drawing nudie picts with gimp.

    --
    -THIS SPACE FOR RENT!
  102. It's bundled stupid! by mledet · · Score: 1

    Its obvious that the PC was bundled with the Windows Operating System in the same manner that IE has been. Therefore, it would be impossible for Microsoft to distribute their OS without the bundled PC, and impossible to remove the bundled PC from the previously mentioned OS.

    Its simple really!

  103. Legal requirement... by Anonymous Coward · · Score: 1, Insightful

    Microsoft "Blows Goats(tm)" and is full of shit. It is MY hardware and they can drive on over and "Suck Me Dry(tm)". I will donate whatever I wish to whomever I wish and they can just go away. I would not foist a Microcrap O/S on anyone. I would first install DR-DOS and then give it to whomsoever wanted my antiquated equipment. Mr. Bill, fuck you and then Melinda!

  104. It's more sleazy than outragous by Siobhan+Hansas · · Score: 1

    Pointing out the fact that schools ought to have valid licenses for the machines they run is hardly outragous.

    The sleazy bit of what they're doing is trying to get schools to police their donors by asking for materials (the CD etc.) so that donors will have a harder time installing the operating system on another machine. It's the donor who goes on to re-use a pre-installed operating system on another machine who is really breaking the licensing agreement.

    I work for a non-profit that helps schools and other non-profits plan and manage their technology. My advice with donated computers is that they make sure they have the rights to a license by asking for documentation or proof that the machine came with a pre-installed operating system and a letter from the donor transferring the license before relying on their right to run the software legally.

    This is important for schools to know about licensing. Even if they choose to run 100 machines with 4 licenses, they should understand the decision they've made.

    1. Re:It's more sleazy than outragous by Rascalson · · Score: 1

      And it goes without saying that as a "non-profit" that helps other "non-profits" you inform them that there are other choices out there for them that will not cause them extra financial burden in increased licensing fees and time spent to keep track of licenses? Right?

      --
      prisoner# msce18xxxxx. Currently planning my escape.
  105. It's worse than that... by BattyMan · · Score: 1

    The link specifically states that you may _upgrade_ you machines' "software" under your school's educational subscription. IMU "upgrading" requires that the original OEM installation (or some descendant of it) be intact, lending force to their assertion that this original install must be preserved and, of course, legitimately licensed. I'd love to see one of these educationsl agreements - does it provide for outright installation on new machnery (say, built up by the school), or only for upgrading an OEMs install?

    --
    Exceeding the recommended torque is not recommended.
  106. What if? by nahdude812 · · Score: 2

    What if I, purchaser of original said PC, never accepted the Windows license that came with it and promptly deleted the Windows software from the hard drive and destroyed the original disks. I can sell that hardware with out sending the license with it, because I never agreed to that license that states I must sell that license with the machine.

  107. My donation scenario by Cro+Magnon · · Score: 1

    Suppose I want to donate my old PC. I want to wipe the HD because it's full of my personal info. But my Win98 CD's lost (its under one of these piles). But I don't want to force a "Naked PC" on them, so I install RedHat 7.2. Is that legal?

    --
    Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
  108. Coming to a theater near you by Anonymous Coward · · Score: 0

    http://www.microsoft.com/oem/piracy898.asp

    Some good stories here

  109. DMCA violation by DunbarTheInept · · Score: 3, Funny

    You are in violation of the DMCA for decoding and dissemating what was obviously meant to be an encrypted post with protected contents.

    --

    Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    1. Re:DMCA violation by Anonymous Coward · · Score: 0

      Oh shit! i get it! a DMCA joke! oh god, those never get old!
      have you heard the one about the chicken and the road yet?
      can you make a beowulf cluster of those shitty jokes?

    2. Re:DMCA violation by Anonymous Coward · · Score: 0

      thus speaks captain sarcasm

  110. Heard with a DOJ bug secretly placed in Redmond HQ by NoMoreNicksLeft · · Score: 2

    "Oh Flying Fucks! This little slashdot twerp has discovered how to legally dupe licenses. Authorize $10 million US for the hit squad, and tell them there is a 50% bonus if they prove he suffered before it was over...".

    God, I love when you can apply Diablo bugs to real world law. And mama said I'd never learn anything of value playing video games...

  111. Learn to read. by ProtonMotiveForce · · Score: 0
    You'd have to learn to read before you sued and got laughed out of court.



    Nowhere does Microsoft say that the _buyer_ is legally required to get the software. The _seller_ is legally required to provide it. Your lack of reading comprehension skills has no bearing on legal fact.

    1. Re:Learn to read. by stinkenstein · · Score: 1

      Actually, you are right, I was making my statement without benefit of reading the MS license; on account of I don't think it matters.

      The case, I think, would be about whether the statement:

      "A. It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC. "

      is sufficiently misleading as to constitute an unfair trade practice.

      --
      Where do you get *your* entropy?
  112. Don't accept computer parts donations either by Wansu · · Score: 3, Funny

    These could be assembled into a computer which could be used to pirate software.

    --
    Wansu, th' chinese sailor
  113. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  114. The Truth by mcoko · · Score: 0

    What they are saying (although it is misleading) is that and pre-installed copy of the OS can not be used on another computer. They are not saying that the computer can not be used with out the original OS, the original OS can not be used with out the computer. They are making a statment for no reason (other than to mislead). The school is not in the position to have a copy of pre-installed software with out the computer. Why the hell would I donate my OEM copy of Win 98. I am not that mean. The schools ARE in the position to receive a computer with no OS.

    So why did they make this statement. To confuse and being just a pain in the a$$ as they always have been. Thanks you very much

    --
    www.fotoforay.com
  115. Learn to read, folks by Grailhead · · Score: 1

    The original article's quote omitted an important piece to this. If you're giving away a machine with an OEM-installed OS, the OS license goes with the machine.

    The important thing, as far as MS is concerned, is that if I donate a PC with an OEM-installed OS, I don't keep a copy of the OS. The one copy that was on the machine goes with it when it's donated.

    Yes, the MS piece could say that more clearly, but it's a guide for recipients of donations, not the donors themselves

    --
    "Peanuts, Mr Bond?"
  116. Jeez you guys are friggin paranoid. by Anonymous Coward · · Score: 0
    All they are saying in there is something that perfectly true and correct:


    Pre-installed operating systems are licensed for the machine that they came pre-installed on, and if you want to unload the machine on somebody, you have to give them the OS, too, you can't give them the machine and keep the OS. If you do and they accept, then you have violated the license agreement if you retain your license for other use, and the donatee is violating the license agreement by running an OS for which they do not have the license.


    That's all they're saying. In caveman terms, it goes: you give puter away you lose right to OS too.


    They're telling schools to make sure they get a tranfer of the license if they want to continue to use the OS that's on it. They don't say this part very clearly because, as some of you have said (and I agree with), MS enjoys FUD tactics.


    But even if you don't ever use the OS that comes with a donated machine and you just rip it out and throw Linux on top of it, that Windows license is for that machine only and cannot be used otherwise. Now, in the case where an educational facility wishes to erase Windows and install something else, they aren't using the Windows license so only the donator is in trouble for not including it. But if the recipient keeps using Windows without having the license they're in Dip Sheet (tm).


    Yeah, MS doesn't make it very clear how this really works but there's nothing on that page that isn't true.

    1. Re:Jeez you guys are friggin paranoid. by WetCat · · Score: 1

      Can I just DESTROY the license and software?

    2. Re:Jeez you guys are friggin paranoid. by mcwop · · Score: 1

      I threw out the OS. Win 3.1 was never any good anyways.

      --

      "I don't think it's selfish, to eat defenseless shellfish." -NOFX

  117. Microsoft stepping in it's own trap by gTsiros · · Score: 1

    What is even funnier is that m$ has a detailed guide to uninstall linux from a computer, yet they say the things in the article...

    So, to recap:
    If there are windows in a pc, KEEP THEM.
    If there is ANYTHING else, install windows.

    --
    Looking for people to chat about multicopters, coding, music. skype: gtsiros
  118. It's the same for cars... by Anonymous Coward · · Score: 0

    If you buy a used car, you must make sure it comes wil the original tank of gas. It's a legal requirement... look it up.

  119. WHAT DEFINES A "COMPUTER?" by Anonymous Coward · · Score: 0

    The empty box is not a computer, add a motherboard is it a computer now? Take the mobo back out - is it stil a computer? Without a hard drive it cannot "compute" so without a harddrive is is a "computer?" Put a mobo, blank hard drive, and memory in the case - is it a computer? Or is it a case with a mobo and blank hard drive in it? At what point does it go from being parts to an actual "computer?"

  120. What if it's not a PC? by andyring · · Score: 1
    Notice the blanket statement:


    A. It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC.


    What if I donate my old Macintosh to the elementary school across the street? I've got to scrounge up the original Mac OS which came with it? Doubtful! I don't have any "certificate of authenticity" for it, or even an instruction manual! Apple doesn't care, they're glad to have more Macs in the school system!

    1. Re:What if it's not a PC? by Bartacus · · Score: 1

      And Apple provides the operating system(s) to support these "legacy" machines free of charge!

      --
      -- he's not heavy, he's my sysadmin!
  121. thank god by MemeRot · · Score: 2

    Someone with common sense. Yes, this is what they mean, to anyone who doesn't have their head in their ass. Their legalese is flawed, yes, but IANAL and that's a good thing.

  122. Nonsense by j09824 · · Score: 1
    I have a computer with a pre-installed version of Windows. It's a package deal. This Is Significant And Important (TM). I donate the PC to a school. The Windows license must accompany it.

    Nonsense. I am under no obligation of donating the Windows license. The license may or may not be transferable to another machine, but I can certainly just throw it out. And that's, in fact, what I do with any unwanted Windows license; I see no point in polluting the minds of little children with Microsoft software.

  123. yeah.. i can imagine a 6 years old boy compiling.. by tcmardoc · · Score: 1

    ah.. yeahh.. a 6 years old boy compiling his own software, a dream comes true :) 2bad the teacher won't be able to help him.. probably.. dahh.

    --
    -JAPAN: ol yor beys ar bilong tu as! -AH!
  124. Re:ALERT!! M$ Does not really give away free softw by sketerpot · · Score: 1

    There is such a thing as a free lunch with Linux or one of the *BSDs. Too bad so few people see it.

  125. Give me a break by 0spf · · Score: 1

    My school district has about 3300 nodes on the network about 80% of them are Apple. From Microsoft I get vague threats and letters that say stuff like "in pursuant to the audit clause contained in your volume license agreement" and "request that you conduct an internal software inventory" and "technology directors like your self even with asset management programs in place..." On the other hand Apple will give me $80 credit for an old replaced Power Mac when I purchase new iMacs or iBooks in lots of 100 and they don't care where I got them. Now when I purchase mobile labs for the schools over the next couple of years should I get iBooks or notebooks? Hmmm.

  126. Microsoft Supports Redhat Linux!!! by erroneus · · Score: 2

    Did you know...?
    If your school has a Campus Agreement Subscription or a School Agreement Subscription, and you receive a donated computer with a properly licensed operating system, it's automatically covered by your agreement. That means you can install the Campus or School Agreement software on the donated computer at no extra cost.


    The statement doesn't specify that the OS must be a Microsoft OS, but merely a licenced one. Seems to me that if I bought a PC with a Redhat license of some kind, then the statement they have made will apply. The requirement is that it should be properly licensed. There is no stipulation that it be licensed through Microsoft.

  127. So sue me! by cdn-programmer · · Score: 1

    I called M$ and left a message for their Canadian director of corporate and legal affairs. The message amounts to this: I'd like to know how M$ purports to have formed a contract with my company. We have not negotiated a contract, we have not even been in contact with them, there has been no consideration...

    Not one of the requirments for the existance of a binding contract has been met. I gave them my name and phone number. If they choose to sue us then we'll collect on abuse of process.

    We may not have as many lawyers on our side but our lawyers are pretty damn good!

    So fuck off m$!

  128. You think this is bad? MS bought out WV by 0x0d0a · · Score: 5, Informative

    In West Virginia, the Bill and Melinda Gates Foundation just handed the state department of education 16 million dollars.

    In return, the state board of ed sold out the public schools.

    They handed down a memo saying that all students *must* take part in a questionaire administered by the teachers during school time. One teacher I know estimated that it would take 20 minutes per student, given that there are issues with reading ability at the age of the students being given the test.

    This questionaire:

    * Was given online. Teachers were required to have Internet Explorer (not "a browser", Internet Explorer) installed on all school computers used in this. Cute way for a monopolist to propogate their products.
    * Involved asking students the number and type of products such as camcorders and computers they have at home. Many parents are not willing to give out this information, so building profiles of families by asking adults doesn't work very well. However, when students, children, are required to take an questionare like this by a teacher, they don't have much of a choice, though I suppose they could lie if their parents have taught them the importance of privacy. Microsoft was given the go-ahead to repeat this study two and four years from this point in time. All results get sent to Microsoft.
    * Was given during school time. Taxpayers spend enormous amounts of money to pay for *children to be educated*. State laws are put in place to require students to be in school *to be educated*. These resources are supposed to go to education, not to (in my opinion, rather invasive) Microsoft marketing studies.
    * Finally, MS made another coup for those 16 million dollars -- they were given a right to appoint a consultant to conduct overviews and approve or deny technology education curriculum. Now, it's possible that this consultant is a totally objective person who really *will* choose Linux or the Mac OS over Windows, or competing office/database products over MS's offerings if those things are better choices in a given scenerio. However, I rather doubt it. This is traditionally a large Apple market, but in one fell swoop, MS cut the legs out from Apple throughout the entire state.

    I'm wondering whether this is just my state, or whether this is happening elsewhere. Anyone else hear about similar things in their own states? I could be a new Microsoft offensive against Apple, or just something that's been going on for a while, but I feel more than a little uncomfortable with it, and I doubt any letters I write are going to quite measure up to 16 million dollars in terms of legislators' decisions.

  129. I'll explain it to you then by paranoic · · Score: 1

    Why? I'll tell you why! To make it difficult for people to donate PCs to schools, that's why.

    No

    This is done for the following reasons:

    1. So that you don't keep the OS that came with your computer and (gasp) install it on another machine. They want you to buy another copy and they don't want the manufacturers to think that they can sell a computer with the OS.

    2. To perpetuate the monopoly. Remember these OS's were installed when Microsoft was coercing hardware companies to pay for a copy of Windows regardless of whether it was installed or not. So they put it on anyway.

    3. And most importantly, to ensure the kiddies of today use Windows and don't get corrupted by another OS.

  130. Wrong! by MemeRot · · Score: 2

    18 US 1001 (a) (3) CLEARLY states that Olinator must be put in a maximum security prison to be anally raped every night. This is actual legal advice. I am a lawyer. I really mean it. Oh, it also says you have to give me all your money :)

    Oh, I'm SO going to jail for that lie.....

    1. Re:Wrong! by Olinator · · Score: 1

      Hmm. Well, if you had a reported $36b in the bank, I wonder if I couldn't find an eager-beaver lawyer who'd happily educate you on the legal niceties, in return for any settlement monies that might be extractable...

      But since you're just a /. flamer with an apparently advanced case of cranial rectosis, I doubt you're worth pursuing.

    2. Re:Wrong! by MemeRot · · Score: 2

      That law said lying is illegal and can be punishable by 5 years in jail. What a load of hooey. I don't know how that got on the books, but an unenforcable and unenforced law isn't a law. It said nothing about being limited to an authority giving legal advice whatsoever. "whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully...makes any materially false, fictitious, or fraudulent statement" - covers all works of fiction, as well as all lies. "How are you today?" "Fine" - could be deemed illegal. IANAL, but TINAL (this is not a law).

    3. Re:Wrong! by Olinator · · Score: 1

      Hence my comment about 18 usc 1001 as a last resort. ("If nothing else[...]").

      ISTR there is something actionable about statements that can be construed as legal advice, particularly when publicly made by an entity that a reasonable person would presume to have knowledge of the relevant area. I just couldn't dig it up in a ~2 minute search through the morass that is our federal code of laws.

      Ole
  131. Not true!! At all!! YUO SuXoR!! by Anonymous Coward · · Score: 0

    I suppose, if I could find a single instance of funny sarcasm, I would be able to refute your argument. The fact that I won't does not make you right.

    [This is assuming that you meant "Sarcasm is not funny", and not "Sarcasm (the abstract concept of sarcasm) is not *exactly the same thing* as humour(the abstract concept of humour)." I'd have to agree with that. It's just that your notation is unclear.]

  132. Annotated rebuttal by dskoll · · Score: 1
  133. No pre-installed OS? by rlangis · · Score: 1

    Hmm, well the *only* system that I own that was bundled with *anything* when I bought it was the Dell Laptop.

    All of the other systems were home-built, not store-bought, and so thus did not have *any* pre-installed OS.

    Of course, any system I have that isn't going to be used by a human will be relegated to the closet and put in the cluster of linux boxen. So I won't be donating anything anytime soon. :)

    --
    GIR: I'm going to sing the Doom song now. Doom doom doom doom doom doom de-doom doom doom doom doom doom doom...
  134. Destroyed license by KenHuffman · · Score: 1
    If "It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine." then am breaking the law if install Linux on top of a machine that once came with Windows? Uh, no. And if I do, I can never sell/donate it? Uh, No.

    I could accept that it is a legal requirement that a pre-installed OS not be used on an another machine. Granted. Microsoft seems to be dictating that a machine must have windows for its lifetime: "If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC."

    It should be perfectly legal for me to throw away a machine's Windows software, then donate it naked. In fact, if I want to spread the gospel of Linux, I should be able to donate a machine and deliberately not provide the Windows software. I just can't subsequently use the software myself. Microsoft is misleading donors and recipients.

  135. 1 PC + spare parts = 2 PCs. Chicken and egg? by Nonesuch · · Score: 1
    Microsoft knows people will think this way, one reason the new XP license control features make this a non-issue.

    HiyaPower writes:

    1. ) Take a machine install windows on it.
    2. ) Take machine of #1 apart, evenly divide parts into two piles.
    3. ) Put enough extra parts into each pile to make a complete machine.
    4. ) Reassemble the 2 machines.
    In US Federal firearms regulation, this is illegal. There is a single part that is the 'registered receiver', which is the piece that Federal registration requires to have a serial number and on which taxes are paid.

    Interestingly, this same logic does not apply to firearms magazines. Manufacture and import of new "High Capacity" (10 rounds or higher) is banned, but technically you split your existing magazine down to four or so major components, buy "replacement parts", and assemble four "new" magazines, each having one component from the original legal magazine, and not violate the law.

    Not that many people are in any rush to be a test case for this interpretation of the law...

    To claim that you "created 2 licenses" is naive. There was one license, you split the hardware on which it ran, you still have one license, and one OpenBSD server.

    1. Re:1 PC + spare parts = 2 PCs. Chicken and egg? by Skapare · · Score: 2

      Break the machine down into N parts and separate these N parts into N piles. Now add N-1 new parts to each pile so each can be built back into a new machine. Build each of the N piles into N machines. Of course you have exacly ONE license for Windows that came with the original machine. Now which machine inherits the license? The one with the CPU? The one with the first RAM stick? The one with the second RAM stick? The one with the hard drive? The one with the floppy drive? You see where I'm going with this.

      A few years ago I bought an OEM copy of Windows 98 from a small computer dealer. In order to legally sell me the OEM version of Windows 98 (which cost them less than a retail box version, but was otherwise complete with CDs, product key, book, and the authenticity certificate) they had to sell it only with a CPU or a hard drive. I bought it with a hard drive, because I actually also needed a hard drive at the time. That hard drive (5 gig) has since died, and been replaced with a new larger hard drive (10 gig). I run Windows 98 on that new larger hard drive.

      I could have bought Windows 98 with a CPU, so I was told. Or with a complete system (which I didn't care for, considering some of the junk that dealer was building their systems with). I prefer building my own machines, anyway. What this means is Microsoft is (or was then) rather non-specific about which hardware the license goes with.

      It may be the case (and IANAL, otherwise I wouldn't be able to reveal this to you without shaking you down for a few hundred dollars) that it is simply a matter of making sure that exactly one and only one machine is associated with a license, so that it cannot be run on two or more machines. Microsoft may want to say no to that, in order to drive more full version sales (by claiming that under certain circumstances, the licensing rights vanish when a specific machine cannot be identified). I suspect if it went to court, the decision wouldn't really be motivated to driving up sales. Unfortunately, you'll be shaken down for a few thousand dollars or more just to get there.

      --
      now we need to go OSS in diesel cars
  136. Right... by Anonymous Coward · · Score: 0

    Microsoft should add a disclaimer along with that... "Warning, a blue screen (otherwise known as a BSOD) may affect student academic performance."

  137. Ask this guy... by slow_flight · · Score: 1

    edprice@microsoft.com This is the address supplied on the site to ask about licensing requirements. I suggest he be contacted to clear up any doubt as to the intended meaning of the statement that an OEM licensed OS must remain on the machine for the life of said machine. This would effectively make it illegal to ever remove Windows from a machine and install Linux. This is obviously (to me, anyway) NOT the case. Wonder what Mr. Price has to say about it.

    --

    Karma: Professionally Doomed (mostly affected by inability to keep opinions to self)
  138. FUD by t_allardyce · · Score: 1

    Basically they imply that all PCs must have Windows, all PCs have always had Windows, and any other OS is either illigal or doesn't exist. They managed to say all this with out using the word 'Windows'

    The "It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine" bit should read:

    "It is a legal requirement that pre-installed Windows OSs remain with a machine for the life of the machine"

    That could infact be true, I havn't read the EULA. You can't really define a 'machine' because its simply a collection of components. If you change the case is it still the same machine? Maybe they refer to the hard-drive that stores Windows. Its an erasable media and could loose its data in an accident. Does that mean, that if while carrying my Windows CD, i trip and fall onto the computer, breaking the CD and bringing a large nearby magnet into contact with the hard-drive i would be breaking the law? I think not. Anyway, im ok 'cos i have my pirate version of Windows installed so my computer is legal.

    Remember people, pirating Windows, is not just a great benefit - it is a legal requirement!

    --
    This comment does not represent the views or opinions of the user.
  139. Don't like the website? Wait a couple of days... by Kaiwen · · Score: 2, Troll
    that they're not doing it here shows that they are intentionally trying to mislead people

    Someone once said, "Never attribute to malice that which can be explained by stupidity." Or if someone didn't say it, he should have.

    Please, folks. This is not some nefarious Redmondian plot. It's simply a case of some middle-management MS trog going live with a website without running it by the legal department first. Had the MS legal eagles clapped eyes on this concoction before it debuted, there's no way that statement about "owning" licensed software ever would have seen the light of day.

    This is just some Redmond lackey trying to explain the OEM OS license in public-speak and horribly mangling it in the process. This mysterious much-maligned Microsoft minion is not malicious, just misinformed.

    Before we all get our undies in a bundle, I suggest everyone calm down, count to ten, wait a couple of days and then check the site again. I all but guarantee it will either be gone, or at least substantially reworded to conform much closer to legal realities.

  140. Uh oh guys, you're all in BIG trouble. by neo · · Score: 3, Funny

    Didn't any of you read the Terms of Use at the bottom of that page?

    "PERSONAL AND NON-COMMERCIAL USE LIMITATION.

    Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services."


    If I'm not mistaken, you guys have copied parts of that page and pasted it here. You are in soooo much trouble.

    oh crap... I just pasted part of the TOU here...

  141. sue MS by 1001+0000 · · Score: 1
    It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine

    Ok, somebody with time and resources PLEASE sue Microsoft for damages.

    Imagine this scenario: your organization, reading the above statement issued from Microsoft, declines donated PCs. Instead, your organization (which is saving dolphins, feeding the poor, educating children, etc - something PR friendly) spends 50k on new hardware.

    This would seriously vilify MS; they outright lied and now little Jimmy will be learning with a typewriter and abacus. Bill Gates has already taken some heat for not "giving back" to society and this hardly helps.

  142. Should Read: by t_allardyce · · Score: 2, Interesting

    The decision to accept or decline an offer of donated computers for your school can be complicated. There are many important questions to ask, including:

    Is the computer crippled - ie. Does it have Windows installed?
    How much admin overtime will you have to pay for the bugs to be sorted out so you can get these Windows machines working?
    Will your teachers or students need counselling after they use Windows?

    If you feel it is in the best interest of your school to accept the donated PCs, make sure that the hardware donation does not include Windows. Not using windows on a PC is not just a great benefit - it is your right.

    --
    This comment does not represent the views or opinions of the user.
  143. Google [OT] by Anonymous Coward · · Score: 0


    I think the automatic spelling correction is a fscking stupid feature. I've often in the past had google incorrectly think it knew better than me what I was looking for.

    Anyway, I was testing our web proxy the other day and hammered some gibberish into the google search box, got this amusing result (as my first experience with their automatic spelling correction):

    Your original search: sdfadfsdafsdaf was misspelled and returned 0 results.
    The corrected search: sdfsdfsdfsdf was done instead and the results appear below.

    (Anyway, I can't stand the obnoxious "your original search WAS misspelled" .. really Microsoft-like in attitude, "we know better than you").

    1. Re:Google [OT] by Anonymous Coward · · Score: 0

      Yeah, earlier I included "csh" in a search and Google wisely deduced that I really wanted to know about the Bourne shell, "sh".

  144. Why not become a thorn in the side? by Raccroc · · Score: 1

    Seems to me the whole web page borders on the fraudulent.

    Instead of just going back and forth about it, why not start opening cases with places like The Better Business Bureau? There are several government agencies, consumer watchdog groups, etc. which would also be able to determine the legal extent of the subterfuge being propagated.

    (Note: I cannot think of such groups at the moment; however, I'm sure someone can provide the names of the those best suited to act.)

    While I doubt it'd do much good, if a big enough grass roots effort were to be started, it might just cause pages like this to be removed/altered.

    Point is, if groups/orgs/bureaus don't know, and nobody complains, *nothing* will *most definitely* be what end up getting done about it.

  145. So what's the problem? by repetty · · Score: 1

    I just don't see what the problem is here.

    Tape the Windows CD-ROM to the bottom of the stupid computer and forget about it!

    --Richard

    1. Re:So what's the problem? by Anonymous Coward · · Score: 0

      There is this pesky thing called 'morals'...

  146. Re:ALERT!! M$ Does not really give away free softw by Anonymous Coward · · Score: 0

    While there may no be an associated up-front cost, there may be long term monetary costs, and there are certainly economic costs.

    Unless, of course, you are unemployed, live in your parents basement, and would otherwise spend your time drooling.

  147. Perfect! by jpellino · · Score: 2

    A. It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine.

    Ah! Then spot-welding the Windows CD to the case will work just fine.

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
  148. Tax deduction rules? by svindler · · Score: 2

    MS might be referring to tax laws. When the donator deducts taxes, he/she's deducting the depreciated value of the machine. The depreciated value of the machine includes whatever software was included in the price of the pc.

    Just a thought from a european without any knowledge of US tax laws.

  149. Lycoris anyone ? by beanerspace · · Score: 2

    Yeah, Lycoris isn't going to make the hard-core, Debian-based, Linx-loving /.'s hit parade. And maybe Mandrake is too friendly for our technical tastes.

    But I work with alot of charities, and I am more than pleased to get them up and running on nice little operating systems.

    In light of this article ... donated PCs may be yet another way of getting Linux in one door ... while shoving MSFT out the other ...

  150. Not enough keyboards? by Anonymous Coward · · Score: 0

    Is the photo on the site from one of the schools M$ donated to?
    http://www.microsoft.com/education/images/STYLEIMA GES/Computers.jpg
    looks like they didn't donate enough keyboards and mice :) (see fore-ground row of computers 3 monitors only 2 keyboards etc)

  151. Re:FUD -offtopic by Luminous · · Score: 1

    I don't know why but this reminded me of when I was setting up the speech-to-text ability on Windows XP. To do this you have to read different text for the machine to 'understand' you later. One of the texts you read is a part from The Fall of the House of Usher, why uses a unique description for parts of the house. One part gets mentioned a few times meaning you have to say several times the following phrase: "eye-like windows"

    --
    This is not the way to build a lasting empire.
  152. What I find interesting here by moocat2 · · Score: 1

    Is how they are trying to redefine the generic term "operating system." My guess is that Microsoft recently changed their OEM agreement to do exactly this, make you contractually obliged to to provide the MS OS you purchased with the computer to anyone you donate the computer to. Given my (admittedly limited) knowledge of contract law, that is well within there legal power to do.

    But what I find so amusing is that they have worded their guide to imply that this contractual obligation is something that applies to all operating systems. I doubt that Linux or any of the BSDs have put such wording in there license.

    So lets use this to our advantage. Burn a CD with your favorite free OS. Tell the school that this was the OS preinstalled on it (and cross your fingers behind your back so you have an out in court if they can prove you weren't telling the truth :-) and that not only can they use it on the computer you gave them, but they can legally use it on any x86 hardward they have.

  153. Well, good... by Hooya · · Score: 1
    I've been shopping around for schools to do my masters in .. guess what. A lot of these schools have 'java' and MS tools in their brochures (the schools that i'm seriously considering don't because they tend to focus on the science aspect rather than the trade-school aspect). but everywhere i've gone, as soon as i mention something like linux or mosix or clustering in general someone would say... 'psst... come in the back we'll show you what we *really* do..' and lo and behold they'd have a bunch of retired computers running linux and some bearded guy with long hair running it. and chatting up a storm with a grin on his face and a twinkle in his eyes about how he and his buddies put the thing together and what they're planning to do with it.

    what i'm trying to say is open-source/gnu empowers people. people that want to know that want to learn and are interested. from what i've seen at the colleges i've been to, no FUD will derail the empowerment. and guess what, the same people will be running systems of tomorrow. MS pulling shit like this won't stop people running linux. actually it makes it more attractive. if you want to be a rebel and be 'cool' (well, as cool as CS majors can be) you gotta do what the system won't let you do. the harder you make it to do these these things the more enticing it becomes. so thank you MS. you just made my job cooler. btw, i'm looking forward to going to this particular college for their extensive distributed computing curriculum. the students there run a 20 somthing node mosix cluster with a combination of PowerPC and x86. None of them running windows. guess MS can stuff those EULAs for the 15+ x86s up their you know what.

  154. Hmm... by beleg777 · · Score: 2, Interesting

    I'm seeing a lot of people who seem to be mistaking this as an attempt by Microsoft to get more money. They won't actually profit from this thing, what they are trying to do is extend their influence into the schools. It's directly related to their little stunt with the computer donations to schools. Remember when they said they would pay off the individual state anti-trust suits by donating computers to schools?

    --

    Science may someday discover what faith has always known.
    1. Re:Hmm... by poor_boi · · Score: 1
      They won't actually profit from this thing, what they are trying to do is extend their influence into the schools.

      Mmm... and how does a school having a bunch of outdated OEM copies of Win95 not translate into profit for Microsoft?

      They'll upgrade eventually. Or they'll freak out when they can't find the licenses/media for the computers.

  155. Re:ALERT!! M$ Does not really give away free softw by Bitter+Old+Man · · Score: 0

    It's free alright... like the moldy bread and spoiled meat in the dumpster of the local supermarket. Dig in!

  156. Shoot, I just installed Debian! by Anonymous Coward · · Score: 0

    Crap man, I just installed Mandrake on an old Compaq that was doing nothing useful. Do you think Microsoft is going to send the "do not remove under penalty of law" police to my house ?

    Mother-son-of-a-gun, I'd better check those seat cushions while I'm at it.

  157. Re:ALERT!! M$ Does not really give away free softw by DrSkwid · · Score: 1

    I see dot-bombers down the homless shelter every day and get free lunch

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  158. Microsoft didn't say that. by Anonymous Coward · · Score: 0

    What MS did say was

    """
    It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine.
    """

    Life of the machine, not the software. And that's regardless of whether or not an actual backup media copy of the software was provided by the OEM to the user. (You remember that story, right?)

    Since when did Microsoft start licensing HP/Dell/Gateway's hardware?

  159. Funny Irony by Anonymous Coward · · Score: 0

    "It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. "

    And they say the GPL is an evil Pac-Man, consuming all of their property rights because GPL code has to be open-sourced... while they quietly devour the hardware that I legally purchased. Hrm.

  160. What about pr0n? by Chicks_Hate_Me · · Score: 2, Interesting

    At my school we got quite a few computers from dirty employees that still had some 'pictures' and 'videos' containing things that would get us in trouble. I formatted the HDD instead of sifting and deleting each file (I've seen it all anyways.) Is this also a violation of the license?

    Seriously Microsoft makes themselves look like asses and I'm glad we got resources like slashdot to expose their idiotic ways.

    1. Re:What about pr0n? by kaustik · · Score: 1

      "Seriously Microsoft makes themselves look like asses and I'm glad we got resources like slashdot to expose their idiotic ways." Expose them to who? People like us who hate them already? Unfortunately, the general public does not read slashdot and will take M$ at their word. sigh

  161. Interesting by poor_boi · · Score: 2, Insightful

    Microsoft starts out that page posing some really interesting questions:

    Will the computer run the software that your school currently uses?
    What is the cost of integrating the hardware into your existing networks?
    Will your teachers or students need additional training to use the computer?

    And then proceeds to totally ignore those three important topics and prattles warning schools about operating system licenses. What the feck? Makes me ill.

    poor_boi

  162. Good grief by Mourice · · Score: 1

    It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. I guess those millions of copies of Windows upgrades were illegal then. It's time the threaten to break them up and, after a while, chicken out again.

    --

    No excellent soul is exempt from a mixture of madness. --Aristotle
  163. Wait a couple of days? Auggh! by Hell+O'World · · Score: 2

    I can't hold my breath that long! I can't help but think that they are being intentionally vague. They have too much to gain from their FUD. The fact that they are giving what sounds like legal advice just scares me. If it was just stupidity, they certainly disguised it with lots of official sounding blah-diddy-blah.
    If it's still there in a couple of days, can I get paranoid then?

    1. Re:Wait a couple of days? Auggh! by Kaiwen · · Score: 3, Interesting
      If it was just stupidity, they certainly disguised it with lots of official sounding blah-diddy-blah.

      I've no doubt Microsoft is more than capable of nefariousness, but I don't think this site is a case of that. I think this is just incompetence disguised as valid legal mumbo-jumbo. I'm still convinced the statement about owning licensed software would not be there if this site had passed by the eyes of at least one upper-management PHB or legal-type before being put up for public consumption. Microsoft may be malicious, but that just doesn't strike me as an admission Microsoft would make even on its most malevolent day. It pulls the rug out from under their entire business model.

      But I'm just one guy, so what do I know? :-)

  164. Not worth worrying about by ManoMarks · · Score: 1

    Since this probably applies to non-profits as well, I'll answer from that world. As a non-profit techie, I can tell you that 99% of computers donated to non-profits are not worth the time. The only way they would be worth the time is if you installed Linux on them, and 99% of non-profit organizations don't want to deal with Linux.

    I have actually had people recently want to give my organization 486's. If I had all the time in the world, sure, it would worth salvaging for parts, maybe using it as a low-end box of some sort. But the truth is, I don't have time. And most non-profits don't have a techie who can make that little 8086 in the corner work. Or even that P-133, with Win95 and Office 95 and 8 megs of RAM, with a 28.8 modem work. It's just not in their job description.

    Now, if people give us new machines, well that's great. But the fact is, they don't. And if they do, they usually come with the damn licenses etc.

    --

    That's gotta fit into your schema somewhere

  165. Not Quite by Joe+U · · Score: 2, Insightful

    It is a legal requirement that pre-installed operating systems remain with a machine for the life of the machine. If a company or individual donates a machine to your school, it must be donated with the operating system that was installed on the PC.
    Ok, first off, it doesn't say remain installed on the machine. The license (for that OEM version, and only that copy) is bound to the system.
    Second, you have the right to terminate the EULA, destroy all copies of the OS and that's it, the contract is void.

  166. What about the charities that MS threatened? by terrymr · · Score: 2

    Not only that but remember the great windows charity controversy - where they pointed the EULA saying windows licenses are not transferable from one person to another in order to scare charities into buying new copies of windows for PC's that were donated.

  167. I just don't get it by Anonymous Coward · · Score: 0

    so.. I buy a copy of windows... I install it on my PC.... My PC dies.... I have to buy another copy of windows? Bullshit! And don't start with the OEM crap either, and OEM version of windows just means that I paid an extra $100 to the manufacturer who paid if to MS for me instead of doing it directly). That's like telling me that if I buy a CD and my CD player breaks, I need to buy another one (I know the RIAA would love that, but its not true) or that when I buy a set of pots and pans for my kitchen, if I buy a new stove, I need to buy new pots and pans.

    If I buy software, either directly or indirectly, it is mine. I will put it on one machine and one machine only (at a time) and I will not give a copy to anyone else. I will give them the original when I am done with it. I still have a copy of windows 98 that came with a PC I no longer own. I don't own it because it has been scavenged for parts for other machines that I have. Are you telling me that I have to now throw this copy away and buy a new copy of windows 98 if I want to put 98 on a spare machine I just built from parts for my parents? This country is truly, and I mean truly FUCKED UP if the courts will uphold that.

    1. Re:I just don't get it by poor_boi · · Score: 1

      It's an interesting question: What single piece of hardware is the OEM license bound to, if any? If you buy a computer and upgrade every single component in it except for the case, is it still the same computer? Is your license still valid? (I would say that yes, it is). If so, if you take every single component out of your OEM licensed computer and put it in a new case is your license still valid? What's going on? poor_boi

  168. Re:You think this is bad? MS bought out WV by gergnz · · Score: 0

    We did one better in NZ. Our government paid NZ$10M (about US$4.4M) to Microsoft for software for schools.
    Education Minister Trevor Mallard signed an agreement in Seattle that gives New Zealand schools access to the latest versions of a package of Microsoft products.
    This link has more details about the affirmentioned agreement.
    So we just handed over the money. No arm twisting, nothing!

    --
    404 Not Found The requested signature was not found on this server.
  169. I don't think that the donation is the point by Anonymous Coward · · Score: 1, Insightful

    Imagine if you are an administrator at a school and a computer vendor is pitching Linux as a way for you to reduce costs and stretch your IT budget. If you are not reasonably aware on MS's FUD tactics, you might just barely remember reading at one point that it would be illegal for you to change the operating system of a computer that you already own. You don't remember where you read it necessarily, but suddenly this "problem solver" whose come into your office seems a little suspicious. Must be some kind of miscreant who's trying to get you to do something illegal.

  170. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  171. Re:You think this is bad? MS bought out WV by ichimunki · · Score: 3, Insightful

    Yes, this is what happens when drug wars, open-ended wars in the Middle East, and corporate bailouts/handouts/tax-breaks take priority over education spending. Schools end up squeezed and have to go begging.

    Simply requiring Internet Explorer seems odd, but since it's the default browser on both Windows and Mac OS I don't see the problem. It's not like the schools had to go out and *buy* the darn thing.

    I agree, it's odious that students are being polled about their consumer behavior. I'm surprised this action is not illegal (not saying it is or isn't, but it seems like something normally proscribed). And I'm not sure I see the value in demographic information collected this way, it wouldn't seem to be very complete or reliable.

    School time is wasted on millions of non-education related tasks, many wholeheartedly endorsed by taxpayers. Pledging allegiance to a piece of colored cloth. Disinformation about drug use. Abstinence pledges. Etc. In many cases the education value of the material is highly questionable, but the social agenda is clear.

    $16 million may seem insignificant to Microsoft, but to a school district that's huge. My local school district (I'm a parent, not a student) is short about $30 million right now. Given the low impact IT decisions have on schools overall (except maybe as an expense item), I wouldn't be too opposed to some sort of quid pro quo in my own district. I'm not so worried about Microsoft products in the schools, the schools canoot be the vanguard in the fight for a new OS-- especially since that's traditional Apple territory. Frankly, I think it would be cheaper for Microsoft to obtain this demographic data by simply paying adults to participate in a good survey or two (or buying it from company's whose main business is demographic data-- since when is market research a core competency over at Microsoft?).

    The worst aspect of this is the consultant role you mention. That seems to be a lock on Microsoft making sure that as much of that $16 million gets spent on Microsoft products.

    Have I heard of this in my area? No. The schools here use Macs and if my daughter said they were using school time to take consumer surveys, everyone from the teacher to the school board would hear about it. That would be front-page news in one of the states taking the hardline against Microsoft in the anti-trust suits.

    --
    I do not have a signature
  172. Re:This is a sales pitch for their Academic Licens by Anonymous Coward · · Score: 0

    Yes, IRIX does kick Ass! (Really!)

    I would have to agree. I even like the modified version of CDE, but then again, I'm strange, as you, apparently, are also ;-)

  173. what can we do? by Moogoo · · Score: 1

    As several people have pointed out, there's a lot of FUD in this advisory from Microsoft (big surprise). My question is, what can we do about it, besides rant on Slashdot? I'm sure much of the general public would believe Microsoft over Slashdot readers. Is there any way for people like us to counter the FUD?

  174. Bill is pinky. Steve is 'the brain'???? by Anonymous Coward · · Score: 0

    They're Pinky and the Brain

    Yes, Pinky and the Brain

    One is a genius, the other's insane

    They're laboratory mice

    Their genes have been spliced

    They're dinky

    They're Pinky and the Brain, Brain, Brain, Brain, Brain, Brain, Brain, Brain, Brain

    Before each night is done

    Their plan will be unfurled

    By the dawning of the sun

    They'll take over the world

    They're Pinky and the Brain

    Yes Pinky and the Brain

    Their twilight campaign

    Is easy to explain

    To prove their mousey worth

    They'll overthrow the Earth

    They're dinky

    They're Pinky and the Brain, Brain, Brain, Brain, Brain,
    Brain, Brain, Brain, NARF!

  175. This ESPECIALLY doesnt apply in California by Anonymous Coward · · Score: 1, Informative
    See these URLs..

    These provisions in a EULA are invalid..at least in California..

    It is clear that the provisions for bundled software would also apply to bundling software with hardware...

    Here is some background..

    http://lwn.net/2001/1108/

    http://www.theregister.co.uk/content/4/23073.html

    http://www.cacd.uscourts.gov/CACD/RecentPubOp.nsf/ bb61c530eab0911c882567cf005ac6f9/574aa79ff51802118 8256aed006ea2dc/$FILE/CV00-04161DDP.pdf

    see LWN text below-
    Hope that helps!

    -Chris

    ______cut here________

    License agreements and first sale doctrine.

    Below the radar of much of the free software community, another interesting case was coming to a conclusion in U.S. District Court in California. In this case, our old buddy Adobe Software was pushing for an injunction against SoftMan Systems. Softman, it seems, has been buying Adobe software collections, splitting them into their component parts, and selling those parts independently. Adobe's claim is that this reselling activity violates the end-user license agreement (EULA) covering the program, and is thus a copyright violation.

    The court disagreed (this ruling, too, is available in PDF format - [longish URL above] -). Essentially, the court has said that the EULA does not apply to SoftMan, for a couple of interesting reasons. One is that SoftMan never agreed to the EULA, and is thus not bound by its terms:

    In the instant case, the Court finds that there is only assent on the part of the consumer, if at all, when the consumer loads the Adobe program and begins the installation process. It is undisputed that SoftMan has never attempted to load the software that it sells. Consequently, the Court finds that SoftMan is not subject to the Adobe EULA.

    The ruling also casts doubt on whether agreeing to a click-through license can truly be binding to the consumer.

    The other aspect of the court's ruling is that the software was sold - not licensed - to SoftMan:

    The Court understands fully why licensing has many advantages for software publishers. However, this preference does not alter the Court's analysis that the substance of the transaction at issue here is a sale and not a license.

    Since this transaction is a sale, the first sale doctrine applies:

    In short, the terms of the Adobe EULA at issue prohibit licensees from transferring or assigning any individual Adobe product that was originally distributed as part of a Collection unless it is transferred with all the software in the original Collection. This license provision conflicts with the first sale doctrine in copyright law, which gives the owner of a particular copy of a copyrighted work the right to dispose of that copy without the permission of the copyright owner.

    These conclusions are interesting, in that they have the potential to tilt the interpretation copyright law a little toward the rights of users of copyrighted material. For example:

    Both DVD cases depend, partly, on the claim that a commercial DVD package was "improperly" reverse engineered. It is the software's EULA, however, that prohibits that reverse engineering. If the code is reverse engineered without installing it and agreeing to the EULA (by, say, disassembling it on a Linux system), the EULA does not apply. The Bunner case, in particular, could be affected by this ruling.

    Reselling that unwanted Windows installation on your new computer should be legal.

    Electronic books, too, are subject to first sale; it should be possible to resell them.

    The ruling gives an out to software companies that wish to continue to "license" rather than sell a copy of their software. The transaction is considered a sale when it involves a single payment and use of the software for an unlimited time. Thus, the "rent-a-program" schemes being proposed by many are untouched.

    This affirmation of the first sale doctrine is a welcome strengthening of the rights of consumers of copyrighted material. Here is an interesting scenario, though: suppose an unethical vendor obtains a copy of a program licensed under the GPL, makes a change, and resells the product under a proprietary license?

    Consider, for example, a Linux distribution where the C library has been replaced with a proprietary, value-added package. The vendor could argue that the tweaked copy can be resold under the first sale doctrine. Massive distribution could be made possible by "purchasing" a new copy of the GPL code for each copy sold. We may never see a vendor attempting this approach, but the possibility exists.

  176. No, No, No -- This is Good! by Spud+Zeppelin · · Score: 3, Insightful

    Y'all missed the point. What Microsoft is saying is that if you give away a PC that came with a Windows license originally, you have to give away that Windows license along with it; as a practical matter, this means that people won't be giving away PCs with Windows but no license, and trying to keep the license for another PC -- by doing it this way, Microsoft insures that people who DO upgrade have to make a conscious decision to buy a new Windows license, or not to buy one and run another OS instead.

    Try it this way: Every machine running an unlicensed copy of Windows is a missed opportunity to have that machine running something else. If the school districts are given the Windows licenses with the machines and choose not to use the licenses (by running something else), even better!

    --

    MOO;IANAL.
    There used to be a picture linked here.

  177. Buying barebone systems by Carnivore24 · · Score: 1

    I bought a system with Windows 98 loaded on it. When I got to the counter to pay for it I told the lady I didnt want the Windows 98 CD and she knocked 80 bucks off the price of the system. Was she supposed to do that, was the machine supposed to be wiped(which I did when I got home), or was she supposed to wipe the harddrive before I left the store??

  178. Ridiculous by goreking · · Score: 0

    Don't forget...anytime you accept a donated heart...MicroGOD!

    --
    No...it's okay...I wasn't using my Civil Liberties anyway
  179. Windows NT... by smisk · · Score: 1

    I'm sure there are tons of companies out there that bought old boxes with Windows NT 4.0 installed on it. It would almost be worth the effort to reinstall NT from scratch (does this void the "original OS") and donate it without any service packs, option packs, or patches...

    Let's see how many middle school system administrators will get pissed at MS after their boxes with the original operating systems get hacked to display pr0n.

    A better reason to switch over to an OS w/ no such stupid requirement I cannot think of.

  180. Re:You think this is bad? MS bought out WV by poot_rootbeer · · Score: 1


    I don't believe you.

    Post proof (a copy of the memo, or at least a news story discussing the memo) or retract.

  181. *LEGAL* requirement??? by Wolfier · · Score: 2

    Is there some law that makes you a criminal if you miseducate the public about laws?

    1. Re:*LEGAL* requirement??? by phiwum · · Score: 2, Funny
      "Is there some law that makes you a criminal if you miseducate the public about laws?"

      Yes, there is such a law. House Bill 602P mandates that those who misinform the public about legal statutes may be fined up to 5c per email or incarcerated for no less than 90 days and no more than six weeks.

      --
      Phiwum's law: anyone that names an obvious law after himself and then puts it in his own sig is just pathetic.
  182. Moneymaker by JackRandom · · Score: 1

    This is the best thing to happen to schools! Take the donated PC remove Windows, install Linux, take the Windows discs back to the store and ask for a refund. After all, the license allows you a refund if you don't agree to the EULA before installing.

    1. Re:Moneymaker by korgull · · Score: 1

      hmmm, I never read the full licence and always thought this refund thing wouldn't work for old licences.
      In case it would, I could earn a lot by doing that because I have lots of NT licences laying around that are not used anymore.

  183. Meet your new firend, Mr. Debian Root Disk by Anonymous Coward · · Score: 0

    Meet your new firend, Mr. Debian Root Disk
    and his sidekick, Miss Debian Boot Disk.

  184. I took that test. by Anonymous Coward · · Score: 1, Interesting

    I took that test in school this week. I'm in Virginia, actually. Wasn't so bad, really. I in fact took it during my post-AP Computer Archetecture class. The funny part is that it asked dumb questions.

    "Q: How skilled are you with databases (rank 1-5)?" Comment to friend: "Gee, I'm a little rusty with my MySQL."

    "Q: How often do you make webpages (with programs like Microsoft Frontpage)?" Comment to friend: "Well, I'll say 'Never.' I prefer Vim 6.0, myself..."

    All in all, it was a dumb and poorly-designed survey. Technically, all the students had to do it. But, as our school receives most of our *nix-running computers from generous non-Microsoft business donors, we didn't feel like we owed them many favors. In fact, under "Other Comments," I bitched about how it was a stupid waste of time. :)

  185. Microsoft would fail any Freshman Class by Falshrmjgr · · Score: 2, Interesting

    I seem to remember my Freshman Political Science Professor beating us (figuratively) about the head and shoulders for using terms without defining them. The Question: What is a computer? Before you can try to force someone to keep "Proof of autheniticy and EULA" documents with a computer, one should have to define what a computer is. Frankly, they act as if it is the case, based upon their new policy of having stickers for the serial numbers.

    By the way, the issue in the federal courts would have been settled long ago if they would define what an Operating System is. Last time I checked, an OS is the core program (kernel) that manages computer resources and scheduling. Maybe the DOJ and the States should get Tannenbaum to testify and explain that Windows Media Player, (And the Desktop for that matter) are APPLICATIONS and NOT part of an Operating System, nor that they ever could be. And while we are at it, we should address the definition of a computer as a MODULAR platform that can be assembled from its component parts.

    And by the way, perhaps schools should get in the habit of accepting donations of computer parts and avoid the whole discussion.

    --
    "I wasn't using my civil rights anyway...."
    1. Re:Microsoft would fail any Freshman Class by Rascalson · · Score: 1

      Kernel == Kernel. Kernel != OS. mkaaaayyy?

      --
      prisoner# msce18xxxxx. Currently planning my escape.
    2. Re:Microsoft would fail any Freshman Class by CheeseburgerBlue · · Score: 1

      And by the way, perhaps schools should get in the habit of accepting donations of computer parts and avoid the whole discussion.

      Maybe we can have those pesky Indian kids assemble the parts into working computers. The little whipper-snappers just need to be tossed into a bag with a bunch of motherboards and mixed up a bit like Shake'n'Bake.

  186. Heh. That's funny, too by BattyMan · · Score: 2, Insightful

    Mod that one up about +3(funny)

    --
    Exceeding the recommended torque is not recommended.
  187. There IS an educational Linux distro... by kcb93x · · Score: 1

    Right here. (http://www.k12ltsp.org) works great, comes bundled with some software, and is even a terminal server installation. Based off of Red Hat 7.2, I believe. We're looking to get it working here at my school, but the best we've got for servers are my two Compaq P-200's :-( Anybody got P-II's or higher that we could get? Boards, chips, anything....most of our systems are 486/P-75's (for PC, 33-75) and 575/580 (for mac, 33 MHz)

    All of our PCs are donated by CFS (Computers For Schools Refurbishing Program) St. Cloud State Pennitentary, St. Cloud, Minn, and (ours) have come with Win 95A/B license. They're shyite. We get complete systems, but the two of us who do hardware (mind you, we have over 700 computers in our school) can't get through them all...I'm a volunteer, still a student, only work one hour a day. We have a second PAID staffer (neither one is me) who basically does software. We have NO tech budget whatsoever in our school.

    CFS gets their computers from anyone who is willing to donate them to CFS, but they are usually so old, they won't run much, and when they do, usually not very well. We're looking into *nix up here, mainly as terminals, so we don't have to keep replacing the HDD's (stupid hard drives....die if ya look at 'em funny....)

    We're told we cannot move those licenses to other machines, so they're basically an OEM license, 'cept we don't get any documentation, we're supposed to call them and have them come reinstall if one dies (yeah right, hour plus drive, we've got over 150 of these CFS POSes)

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  188. Re:ALERT!! M$ Does not really give away free softw by dirty · · Score: 1

    For those of us who went to the .NET academic launch thingy, our school's definately did not pay for the software, seeing as the event was not held at my school nor did my school have anything to do with said event.

    --

    -matt
  189. What constitutes the life of a machine? by Anonymous Coward · · Score: 1, Insightful

    I'm curious, if you have to keep the operating system that was originally licensed with the machine, what happens if you say change the hard-drive? Does this constitutes a new machine? What if I change the processor? How about add some ram? How about if I paint it blue?

    My point is that a lot of these older systems might receive upgrades from the schools they go to, even if it's just adding a bit more ram, and many of them may have been upgraded by their previous owners. At what point is it a new machine without the fetters of Microsoft licensing?

    1. Re:What constitutes the life of a machine? by korgull · · Score: 1

      It's not even that difficult.
      Microsoft wouldn't be able to check on this issue, they are kind of intimidating.
      It actually is a stupid move of MS because it shows vulnerability of their licencing system.

      You can do whatever you like because they are not able to check on it and prove that there ever was a MS licence on the machine. Even if the original OEM shipped the machine only with windows, they couldn't prove that by the time you received the machine the licence was still with the machine.
      Also in case the machine had a win95 licence with it, that wouldn't obligate you to upgrade to win2000 for example. In case they really wouldn't allow you to use another OS, I would ask to pay for the disposal of old machines because I wouldn't be able to use the old hardware for a good purpose any more :-)

      So, their words have no meaning again. Seems like MS is getting a bit stressed about licences lately. The reality about licences is that nobody really cares about them to seriously.

  190. Funny we didn't do that... by Anonymous Coward · · Score: 1, Interesting

    My company donated thousands of computers to a recycling company that took the machines, wiped them clean with a scrubbing software package (ensuring the information could not ever be retrieved). Placed only COMMAND.COM, MSDOS.SYS, and IO.SYS on the hard disk partition and then gave the computers to schools, etc.

    I don't believe that they wanted to run the risk of data being sent out on the drives nor licensing issues with the big bad MS over our site-licensed copy of NT 4.0. Also our company name and logo was inserted all over the place on a default Ghost build. We didn't really have the ability to reghost the computers and left that task to the recycling company. We also washed our hands clean of the computers when the recycling company took them off our hands. A full inventory tracking serial numbers was performed to ensure all computers were donated or destroyed.

    When the machines were bought, the copies of Win95/98 that shipped with them were given away still in the shrink wrap. (Back when MS actually shipped an OEM copy of Win95/98 full install that was not able to perform an upgrade. Now they just ship the license and the OEM bundles a system restore disk. This sucks because I hate the OEM builds as they are usually complete crap. I want a generic installation that I have full control over. I've actually paid full price for a Windows OS just so I'd have an actual MS CDROM! This on top of the same OS coming on the computer from the OEM that I paid for in the purchase price.) They were supposed to be disposed of but employee's were walking away with arm fulls of CD's with authentic and valid license codes. We immediately dropped a network card into each one and ghosted them from the network with a consistent office build of NT 4.0 with all the software, patches and engineering changes included.

    The powers that be even declared that employee's were not allowed to take old hardware that was being donated or discarded. Something to do with liability issues.

    This is getting really really really stupid. Makes me wish we could run Linux on workstations, just to avoid the stupid licensing bullshit.

  191. Re:Don't like the website? Wait a couple of days.. by Anonymous Coward · · Score: 0

    > Someone once said, "Never attribute to malice that which can be explained by stupidity." Or if someone didn't say it, he should have.

    You're correct, someone did (don't remember who at the moment).

    The problem is, Microsoft's done so much that has been proven to be attributable to malice that they don't get the benefit of that doubt anymore.

  192. The school has not entered into a contract by Edmund+Blackadder · · Score: 2

    Suppose person P buys a computer with windows installed. Now maybe there is a contract between him and microsoft. But suppose person p gets rid of windows, and gives computer to school S. School S is in no contractual relationship with microsoft. They have no legal requirements not to take the computer. Also calling a contractual requirement a legal one is missleading.

    1. Re:The school has not entered into a contract by gaudior · · Score: 1

      Please see above. The legal onus is upon the DONOR, not the receiver. You MUST surrender the licence, either to the receiver, or the dumpster, when you no longer posess the PC that came with that licence.

  193. Attention Micro$oft by dmarx · · Score: 1

    You want to know why everyone hates you-this is why. You are making legal threats to schools who 1)aren't hurting anyone, and 2)are strapped for cash. So, don't bitch and moan about how everyone hates you. Honestly, Billy-boy, you're the dumbest smart guy I've ever met...

    --
    "Do I dare disturb the universe?"
  194. the REAL computer requirements by ejaw5 · · Score: 1

    To accept a donated computer, you must adhere to the following:

    1. The computer MUST have windows XP on it. If it originally came with windows 9x/me/2000, you must UPGRADE IT! DO NOT ACCEPT MAC computers since you cannot replace it with windows.

    1B Installation of Linux is a federal felony.

    2. Nowhere on the computer shall the program Netscape Navigator, AOL Instant Messenger, Corel Office Suite, or any other NON-Microsoft software exist.

    3. Since it must run XP, the hardware requirements are: 50Ghz Processor, 100TB HDD, 400GB RAM.

    --

    $cat /dev/random > Sig
  195. DMCA by bytesmythe · · Score: 1

    Microsoft could easily make a DMCA case out of this. If you delete your copy of Windows and give away the computer, you must have intended to violate the EULA. Since the EULA could conceivably be considered a copy-protection device (even though all it does is ask you not to copy the software!), you'd be in immediate violation of the law.

    And we all know the government/big corporation position on being "guilty until proven innocent". Just look at Dmitri... or anyone who has been audited by the Infernal Revenue Stealers.

    I always assembled my own systems because I get better components. Now you have to do it to keep from getting arrested if you decide to change operating systems. ;)

    -- bytesmythe

    --
    bytesmythe
    Hypocrisy is the resin that holds the plywood of society together.
    -- Scott Meyer
  196. Tried to access that page, but... by knarf · · Score: 0, Flamebait
    ...obviously my Mozilla browser and Junkbuster proxy are not officially Microsoft sanctioned. This is the result, a result I've seen on many many many Microsoft-driven websites:
    Microsoft VBScript runtime error '800a000d'

    Type mismatch: 'CInt'

    /education/content/DonatedComputers.asp, line 63

    This, to me, looks just soooooo unprofessinal... The same browser/proxy combo works on most other sites, except those Microsoft-driven ones and some sites which insist on getting a valid Referer: tag (which I block).

    I know I would not want my companies website to display this nonsense to potential customers...

    --
    --frank[at]unternet.org
  197. Re:You think this is bad? MS bought out WV by Howler · · Score: 0

    I too would like more information on this with regards to West Virginia. Its not that I don't believe you, its that I would like to share this with my wife who is a high school librarian. And she likes to have lots of information.

    Would you happen to have any links or magazine articles that you could refer me to?

    Thanks :-)

  198. My, isn't British English expressive! by BattyMan · · Score: 1

    They have so many more curse words than we yanks:

    stuffed =~ "fscked"
    nobheads !~ a term anyone would use in America
    pilsiing !~ anything American
    canoe == well, take a guess
    carshead =~ a place one might park a car in US?
    diddly order =~ maybe an organization of wankers?
    wankers|tossers =~ nothing particularly bad in US
    smeghead =~ understandable but unused in US
    "crapped nosex breasts" =~ nonsense over here
    arsehole =~ asshole in US, just another spelling variation

    And all we have over here are "jerkoffs" and "dickheads".

    --
    Exceeding the recommended torque is not recommended.
  199. Learn to spot MS spin, buddy by Anonymous Coward · · Score: 0


    The original article's quote omitted an important piece to this. If you're giving away a machine with an OEM-installed OS, the OS license goes with the machine.


    No, it just can't go with any other machine. If you're the donor, you're perfectly entitled to "destroy" the software and just donate the machine. The recipient can put whatever s/he wants on it, as long as s/he has the relevant licenses. It might be useful to the recipient to have the original software, but it's not illegal to remove it.

    The important thing, as far as MS is concerned, is that if I donate a PC with an OEM-installed OS, I don't keep a copy of the OS. The one copy that was on the machine goes with it when it's donated.

    Oh please... They deliberately phrased the statements on the web page to imply something else: that it's illegal to remove pre-installed Windows. The really "important thing as far as MS is concerned" is to maintain mindshare, especially for a machine that gets donated to a school.

    Yes, the MS piece could say that more clearly, but it's a guide for recipients of donations, not the donors themselves

    That's no excuse.

  200. Re:You think this is bad? MS bought out WV by jhanson · · Score: 1

    Well at the high school I attend (in WA) I've been told not to install linux because it's "against policy". However, we do have a few macs.

  201. As I understand... by loply · · Score: 1

    As I understand, what the page *means* to say is 'A liscensed OS must not be used on another PC' rather than what it actually says which is 'A computer must not be used with another OS'. Digusting. Simply disgusting. I`d throttle Bill Gates for this immoral deception.

  202. Re:What about keeping the OS, and.... by Anonymous Coward · · Score: 0

    Disabling ALL the executables on the drive?

    WinXXX is not owned by MS, it was MANUFACTURED, by programming human machines sitting behind desks doing the same mundane tasks every day.

    What if I don't care about MS law?
    What if I want to use the CDs for target practice?
    Does my NOT giving away all the copies in my posession, but asking for reimbursment for the purchase price to help me defray MY cost of the donation somehow damage MS in a provable case?

    Does MS really have that much power over the nation that it can now FORCE you to abide by their own law/s?

    How would MS ever find out or know that I never supplied the originals, but kept them?

    How does one go about obtaining a "Microsoft Search Warrant"?

    Really, does anybody truly fall for the MS-law bit?
    Does anybody remember that no business can execute any search warrant upon you?
    What authority does MS retain over the nation's PC users, that WE THE PEOPLE don't have?

    *Oh, hello mr. cop, and who's that jackass with you?

    That's the software "specialist" from MS, we're here to execute a search warrant for possible illegal/pirated copies of MS's software!

    Okay Mr. cop, YOU can enter, but Mr. "specialist" WILL remain outside, this is private property and protected by the constitution, and Mr. "specialist" is NOT a recognized law enforcement officer, judge or appointed legal representative, so he WILL not enter my property or land!

    If Mr. cop demands his entry, tell him to show you where it reads that private citizens have a right to enter private property without the owner's consent. Mr. cop can NOT grant access to ANYBODY not legally recognized as a law enforcement officer, and NOT listed on the search warrant, even then, ALL parties MUST be court appointed to the execution of each and every warrant issued.

    Allowing strangers access to your private domain is foolhardy and dangerous, claim he "may" steal secret professional information that is covered under the trade secrets laws, and his viewing anything you have lying on the table, or elsewhere might cause that person to infringe on your rights, plus he would be guilty of industrial espionage if he were allowed to leave your property un-searched.

    Simply demand you be shown the search warrant and also make demands as to the legality of a third party being able to raid your home when this is clearly an invasion of privacy as NO person has the legal right to invade, that act is paramount to tyrrany, as well are all "raids" by police.

    The act of raiding a home or property is considered an act of agression and war, carried out by military forces while engaged in the "art" of combat and should NEVER be allowed to progress in the civilized society G. Dubya proclaims(asshole!).

    *Script kiddies: Youth used for printing bogus currency of the U.S.A during time/s of war.*

  203. Microsoft's Naked B$ by PONA-Boy · · Score: 1

    Y'know, it is bullcrap FUD and marketing spin like Microsoft's "Naked PC" campaign that really piss me the hell OFF!!!

    What rationale are you supposed to use if the person buying the "naked PC" already HAS an OS (either purchased separately or from a previous, junked, PC)??? Are we blindly supposed to accept whatever "latest and greatest" OS that Microsoft has to offer? What if we are perfectly content with our PREVIOUS OS?

    I'd like to sit back with a box of popcorn and listen to Microsoftians answer my perfectly legitimate and valid questions just to HEAR the crap flow from their mouths!!!

    (*insert upraised middle finger here*)

    ...crap like this make me wanna puke...

    -PONA-

    --
    +that's funny...I don't FEEL tardy.+
  204. Everyone relax by ellem · · Score: 2, Insightful

    All they're saying to schools is:

    If you take a PC make sure you get any Licenses that come with it otherwise you might have an illegal copy of Widows on the machine.

    It's not a big deal. Their wording is idiotic but the advice is sound.

    MS does not give away their OS. If someone decides to donate a hundred PCs and load them up with Linux that's fine. What MS is trying to do is pretend that all PCs run Windows.

    --
    This .sig is fake but accurate.
    1. Re:Everyone relax by mcwop · · Score: 1
      I can't relax, because I am laughing hysterically.

      Don't want anyone keeping their Win 3.1 boot and installation disks.

      --

      "I don't think it's selfish, to eat defenseless shellfish." -NOFX

  205. Will this get sent to the DOJ and the states by theolein · · Score: 1

    Isn't it about time that some schools pulled a class action thing on MS?

  206. Re:You think this is bad? MS bought out WV by Anonymous Coward · · Score: 0

    >In West Virginia, the Bill and Melinda Gates Foundation just handed the state department of education 16 million dollars.

    There's nothing stopping the FSF or any other open source advocacy group from donating similar amounts of money to other departments of education.

  207. MSFT forgot to add: by mcwop · · Score: 1

    That organizations should not accept stolen hardware either.

    --

    "I don't think it's selfish, to eat defenseless shellfish." -NOFX

  208. Re:You think this is bad? MS bought out WV by 0x0d0a · · Score: 1

    As far as I know, there aren't news articles on it (yet). I'm not a teacher, and was just speaking with some teachers I'm friendly with about it. I was back in town for spring break when the memo reached the elementary school and was handed out at a teacher's meeting. I don't even know when it was to be given -- at that time I was in town, the only people that knew about it were the teachers. It came from the state board of education level, so it's no local initiative. I asked for and got a copy of a page that the teachers were receiving precisely because I wanted to scan it in, but the paper itself is not particularly interesting. The teachers were apparently walked through how to give students the exam -- and since these are step-by-step instructions, they mandate IE. The school currently uses Netscape Navigator 4. It mentioned the donation (and, if I remember correctly, the consultant), but the questionnaire (which I didn't get to see myself, since I wasn't at the meeting) was the particularly nasty item...consumer questions are a no-no in my mind.

    Apparently the principal of the local school was asked by one teacher whether the questions might cause privacy complaints from parents, and he evidently sent the question up the chain of command and after getting a response said that only aggregate data would be used -- to be fair to Microsoft, I did omit that bit.

    As one of the other posters has pointed out, it's probably not illegal. Schools also desperately need money as much (if not more...WV is quite poor) in West Virginia as elsewhere. To them, the choice to use Microsoft products is pretty much already made -- they're trying to train people for the workplace. So it isn't that likely that Linux would be chosen, and Microsoft is, at least in the short term, doing more good than harm, since we don't even have computers at some schools in the state, and the money will go a long way.

    I do rather dislike this, but can I prove that the Microsoft questionnaire (or Coke Day, or any similar sponsored public-school marketing events) is bad for the students in the school? No. Advertising and market research is all over PBS and the school educational channels anyway, so students are hardly getting a perfectly product-neutral viewpoint in schools. I just don't like *Microsoft* being the one doing it... :-)

    I'm sorry I can't mention names, but there have been people laid off for three years now as funding drops, and making waves at the school that point back to specific people is likely to get people fired. People were willing to talk about this, but not to say anything that would get their names negative marks.

    You can probably ask a primary-school educator in West Virginia, as they're likely to have been briefed on the questionnaire.

    I don't know whether this questionnaire is the same as the one another respondent mentioned -- his "Microsoft questionnaire" was apparently in high school (post-AP?) and one state over.

    Finally, as another respondent mentioned, if Microsoft can do this, so can the FSF -- doing this is not some special use of Microsoft monopoly power that lets Microsoft and Microsoft alone do things. I'm not claiming that what was done is illegal -- just frustrating, and not enough people know about it -- I'm not sure that everyone would agree that it's a good idea.

    I'd love nothing more than for a reporter to investigate it (find and talk to the education officials involved and do a story on it). I'd just rather not get anyone I know in this in hot water...

  209. Not quite sure about that...declare an entity :) by Anonymous Coward · · Score: 0

    You could establish a trust for your computer. It'll be a Reversionary Benficiary Grantor Cestui est que Trust and it'll behold the name of your computer in CAPITAL LETTERS. So, we establish the Trust under the signant of LOCALHOST and LOCALHOST shall be licensed under Microsoft's EULA as an entity, the sole licensee of Microsoft's OS License. Now that we have established the Trust and declared the Trust to be the sole proprieter, we shall transfer this computer as a whole, with all supporting Microsoft OS Licenses, to the donation of choice.

    Look at United States property laws, specifically clause 678, and you may simply transfer the TRUST, ala the computer system, and all its REMAINDERS, unto the applicable donator of choice; be it a school, a hamlet, or a psycho-ward.

  210. They're meant to be a donation! by smeng · · Score: 1

    The problem with this is that it's meant to be a donation in the first place. Second hand hardware that people don't need anymore - if a school was desperate, heck they'll take it, with or without the software documentation and discs. Like those schools in Africa where they've got a lot of second hand 386s and 486s installed with Windows 3.1 or 95 - I doubt that they have the discs and docs - at least that's what I think. Any donation is gift welcomed. And it's for a good cause after all. If the school could use it, why not. If it's being used for non-profit purposes, well, I think they should let it slide really instead of going through all these bravado about legal issues etc.

  211. Re:You think this is bad? MS bought out WV by Anonymous Coward · · Score: 0

    I am disgusted at this attempt to further warp the minds of our youth. Micro$haft seems to be as bad as the tobacco industry. They are preparing themselves to etch their evil name further into the minds of children, their next customers, just like tobacco was aiming their products at the youth as the veterans died off from the ill effects. I personally think that an open source OS, such as Linux, would do a better job in educating. A Unix system in general provides a more intimate look into the underlyings of computers both hardware and software. And there won't be any worries about illegal copies of this, and license fees for that. If they really gave a sh*t about schools and education, then why do they even require licenses and fees for academic usage. Just because they have money to throw around, doesn't mean that the public school system does too. I've been running a Linux system for a few years now and I have learned more about computers than I ever did in any school. It has taught me programming skills without hiding everything that goes on "behind the scenes" as well as any details about operating systems and networks that help me when I need to tweak something. I would say that learning WindoZe before a real OS is like learning to drive an automatic before a stick shift. Instead of just putting it in drive (booting up) and pressing the gas (point and click), you learn how and why you shift gears and you can downshift *when* you want so you can jam the gas (recompile a kernel) and pass that lane-hogging a**hole (resource hungry Bill Goates) and get on to bigger and better things.
    "HEY, BILLY
    LEAVE THOSE KIDS ALONE"

  212. Where does the PC reside by Anonymous Coward · · Score: 0

    'If I have an organ transplant, have I exchanged part of my soul for part of another's?'

    If I remove part of my brothers PC is not his PC diminished and mine enriched. Where then does the licence reside.

  213. Get your kids out of public school. by Bob_Robertson · · Score: 2

    At least I'll never have to worry about it for my kids.

    http://www.sepschool.org/

    --
    The Ludwig von Mises Institute. The reasoning individuals economics
  214. Re:Don't like the website? Wait a couple of days.. by maxpublic · · Score: 2

    Please, folks. This is not some nefarious Redmondian plot. It's simply a case of some middle-management MS trog going live with a website without running it by the legal department first. Had the MS legal eagles clapped eyes on this concoction before it debuted, there's no way that statement about "owning" licensed software ever would have seen the light of day.

    The same thing could be said of most of the provisions of the majority of the EULAs out there. Yet the language, which would probably never hold up in court, is included anyway simply because most recipients won't have the money to make a challenge. This is considered to be a perfectly acceptable tactic in business.

    If you think MS lawyers would nix this you're sadly mistaken. MS can't lose here; they can make threats if they find a pc 'not in compliance' during an audit, but then fall back on the defense that their guidelines were 'misinterpretated' if it came down to a court case.

    After all, the wording is beautifully vague yet the implications of that wording point in one direction for anyone reading it; no middle-management schlock could write something so elegant. It has to be the work of a lawyer, adroitly skirting the edges of contract law.

    Max

    --
    My god carries a hammer. Your god died nailed to a tree. Any questions?
  215. Re:Don't like the website? Wait a couple of days.. by TrentC · · Score: 2

    Please, folks. This is not some nefarious Redmondian plot. It's simply a case of some middle-management MS trog going live with a website without running it by the legal department first. Had the MS legal eagles clapped eyes on this concoction before it debuted, there's no way that statement about "owning" licensed software ever would have seen the light of day.

    I would be willing to believe this, if it wasn't coming from the legal department of the same company that submitted a doctored videotape as evidence in their antitrust trial.

    Microsoft has repeatedly demonstrated that they're not above bending the truth slightly when it's to their advantage, so I refuse to give them the benefit of the doubt in this case.

    Oh sure, if enough people complain, they'll throw their hands up, say "Good heavens! What is this? Well, we'll take care of this right away" and set about trying to say the exact same thing ("you are legally required to sell your computer with the operating system it came with") in less inflammatory words.

    Jay (=
    (Who is glad that the two PCs he owns are self-made -- no worries about which operating system it came with!)

  216. US GOV is guilty of this !! by wdevans · · Score: 1

    > It is a legal requirement that pre-installed >operating systems remain with a machine for the >life of the machine. If a company or individual >donates a machine to your school, it must be >donated with the operating system that was >installed on the PC.

    Maybe someone should notify the BSA/M$ about the US Gov selling surplus computers without the original OS. I've seen then sold by the truck load !

  217. Re:You think this is bad? MS bought out WV by Rogerborg · · Score: 2
    • Simply requiring Internet Explorer seems odd, but since it's the default browser on both Windows and Mac OS I don't see the problem. It's not like the schools had to go out and *buy* the darn thing

    Sure, because all PC's come with either Microsoft Windows or MacOS burned into the hardware. It's not as though you have to pay for them (or access to Internet Explorer), right?

    Hmm, as I remember it, a couple of courts have decided otherwise.

    --
    If you were blocking sigs, you wouldn't have to read this.
  218. Giving incorrect legal advice? by PhilHibbs · · Score: 2
    Keeping the operating system with the PC is not just a great benefit - it is a legal requirement.
    This looks like legal advice to me. It also looks like a lie - they are saying that it is illegal to delete Windows and install GNU/Linux. Is that something that can be taken to court? Anyone have a few spare millions to do it with - or is it something that can be reported to the state and left for them to handle? These people are lying to schools, which are state institutions after all.
  219. Actually, Apple does not give you that choice by Anonymous Coward · · Score: 0

    Apple has historically been hostile to Apple clones, so that issue has never come up. BTW, if Apple HAD been willing to allow clones, Apple would be the big OS today. Of course, then Steve Jobs would be the "bad guy" instead of Bill Gates!

  220. Donate This by JohnRoss1968 · · Score: 1

    This is the first time ive posted here so please bear with me After reading the Crap on theyre website about how it was a law that if i buy a dell and then donate it to my local school i must do so with Windoze on it i decided to call a few people and ask around....sorry to sday i got mixed messages from the people i talked to. First i called Dell. the salesman i talked to said it sounded like a load of BS to him but he asked around there anyway and everyone else said it sounded like a load of BS to them too. However when i called Gateway the sales lady there said YES by law you must have the original OS on the Box when you donate it. Not being a lawer or haveing eaten any lawers lately i cant speak fact on this but to me it sounds like a load of Hourseshit. Heres an idea i had . 1.call as many PC Retailers as possable and ask them about this-we will be able toi tell if its BS or not and also might get a few hairs raised at Microsoft in the process 2. call companys and Orgs that deal with donated computers and ask them about this...they might get really ticked at Microsoft as this if its not true does damage to theyre company if people who saw that and desided not to danate computers because of it 3. Email as many companys that deal with donated computers as possable and "make sure they understand the law" by emailing the webpages URL to them and make sure that they understand that if they except a Dell or other PC that came with a windows product without the original OS that a law has been broken.....im sure they legal department will know what to do I would like to thank you for reading this qand ask 1 favor....... im stuck with a 56k modem and a bad connection at that and id like to download a Linux for my computer (selfbuilt ....making sure i dont break the MS Law) :) but with this crap connection i cant get it DLed Can you suggest a Linux flavor for a newbee thjat wants to wean himself off of MS OSs and where can i download it (i need a place that will allow DAP Resume or have it chapped into smaller bits to DL) thanks all STUFF Dell-1800-www-dell sales rep said sounds like bull to him Gateway-1800-846-4208 Ann(Salesperson)-(836 EST)says its illegal to remove the OS and replace it with another OS Gateway Legal Dept 610 gateway drive north sioux city SD 57049 COMPUTERS FOR LEARNING (Washington DC)-http://www.computers.fed.gov/school/user.asp 1-888-362-7870 (1 pm - 5 pm EST) Established by Vice President Al Gore and funded by the Dept of Energy, Computers For Learning is a federally operated program designed to streamline the transfer of excess and surplus Federal computer equipment to schools and nonprofit educational organizations EAST-WEST EDUCATION DEVELOPMENT FOUNDATION http://www.eastwest.org/ Contact: Wayne D. King / Stephen Farrell East-West Education Development Foundation 504 Dudley Street Roxbury, MA 02119 (617) 442-7448 phone (617) 442-7228 fax The East-West Education Development Foundation collects donations of used computers, software and peripherals. East West accepts as-is IBM-type PCs, Macs, modems, mice, monitors, printers, cables, and the like. Multisite software also is welcome if the donor can supply original disks and manuals, plus a written OK from the licenser. They recycle and remanufacture them and give them to non-profit organizations and institutions worldwide Heres more links Use them as you see fit http://www.microweb.com/pepsite/Recycle/National.h tml Remember the only thing that stands between Microsoft and future world domination is YOU ...and the fact they cant seem to get a damn thing done right

  221. Re:You think this is bad? MS bought out WV by ichimunki · · Score: 1

    Hmm, shut up.

    The odds of these schools having computers and not running either Windows or Mac OS or both are so extremely low as to make your point completely irrelevant. If the school district were running all Sun or Linux machines, then you'd have to wonder about their sanity in accepting this offer from MS. You'd also have to wonder how they got to be so enlightened in the first place, but now suddenly are kow-towing to Microsoft.

    --
    I do not have a signature
  222. What part of the computer does the EULA follow by rtb144 · · Score: 1

    If I buy a computer with windows xp installed and split up the hardware among several boxen which computer retains the eula - the one with the hard drive? motherboard? case? or cdrom? Does anyone know?

    --
    Sie ist tunbar!
  223. I buy what I want to buy and if by filbert009 · · Score: 1

    billy boy has a say in it, it comes built (as usual) by me, loaded with software I decide to install (from the debian download apts) whenever I decide I want to install it.....and if it isnt available prebuilt, I can always download to \usr\src and make install nonwindowspackage#1

  224. Maine schools by johnlcallaway · · Score: 1

    I just finished teaching a Linux class to several high school teachers/tech people. The State of Maine is undergoing a program that would put Apple laptops into the hands of all 7th graders. The schools have a problem....how to interconnect all of this.

    The answer, at least for these folks, is Linux, since Linux supports both CIFS (for now) and Appletalk.

    So, donate all of your used PCs to schools in Maine. They need Linux servers!!!!

    --
    I rarely read replies, it's my opinion and if you thought about your opinion a little more, I'm OK with that.
  225. DL over the phone by BattyMan · · Score: 1

    I would like to thank you for reading this qand ask 1 favor....... im stuck with a 56k modem and a bad connection at that and id like to download a Linux for my computer (selfbuilt ....making sure i dont break the MS Law) :) but with this crap connection i cant get it DLed Can you suggest a Linux flavor for a newbee thjat wants to wean himself off of MS OSs and where can i download it (i need a place that will allow DAP Resume or have it chapped into smaller bits to DL)

    RedHat (arguably our most popular distro) no doubt has a means to download everything you'll need. Alas, they obscure it so you'll buy CDs instead, that's their decision. (Anybody who knows otherwise feel free to correct me.) I've taken to using Debian largely because of apt-get, their nicely automated download and update utility. Other distros no doubt have this stuff by now. SuSE has a thing called YAST & YOU for installing and updating respectively.

    My experience is with Deb. Anybody else is free to chirp up with details from other distros.

    I'm working under the assumption that you're in the US and looking to install on a new (bare) i386 machine.

    You'll need a couple of boxes of floppy disks and a computer with an internet connection and a floppy drive with which to write them. Go to the Debian FTP site and download all the .bin files there (17 as of 19 Apr). Then (assuming you're downloading with a WinTel system) go here and get rawrite.exe and its instructions, rawrite.txt. If you're not downloading with a wintel machine you'll have to find some other way of getting the .bin files written directly to the floppies (no file system, formatting, or other BS: the images must be written straight to the floppies. If you have access to a Linux or UNIX system use dd. RTFM for dd to learn how it works.

    With all those floppies in hand, read this, which should give you some clue as to what is going on. Use the floppy made from the rescue.bin file to boot your computer. It should ask you for the root.bin disk and one of more of the driver disks. Keep following the directions and you will soon be asked for the 11 base disks. Once these are all loaded, the system will reboot. You should now have a minimal (32MB), working Debian system. It will probaby start dselect for you. You will have to configure and start ppp before you are going to contact anybody. This (setup of ppp) is the second of several rites of passage that all Linux newbies go through (Installation is the first, and you're already through the hardest part of that). It _will_ be painful, but the first time you get it up and ping yer ISP and then the Deb ftp server, the rewarding feeling you will get will be worth it. If it is not, maybe you should get Mandrake or some other super user-friendly distro, Debian may not be for you. Once you have ppp operational you should set dselect's access method to use apt-get from ftp.us.debian.org, which IIRC is the default if you just go through the source setup and let it do its thing. Choose one of the standard installations (do NOT, at this point, get involved in manually picking and choosing from the over 3500 packages available, it'll take you days, and you'll drive yourself crazy), the smaller the better, and let the thing rip. My experience is that it will take about 36 hours to download a smallish installation, but that was on a connection that actually linked at 52Kb. If you're on a slower line (like my present one, which seems unable to do any better than about 26Kb), it will take proportionally longer. If you have problems, reconnect and restart, the download will pick up where it left off. If your phone line is _truly_ bad, to the point where it won't stay connected for any significant length of time, you'll have to find some other way. I recommend contacting your local LUG (Linux Users' Group) for help. They'll very probably have CDs which you can borrow.

    When (NOT if) you get stuck, you may mail me describing your status, and I'll try to help. Please get as far as getting the seventeen floppies written and ready to boot your system with them first, though, if you can't get that far you'll need professional help.

    In return for this (ongoing) help and consultation I've a favor to ask of you: LEARN TO FSCKING _SPELL_!!! LEARN TO CAPITALIZE THE NOMINATIVE SINGULAR PRONOUN "I"!!! LEARN THE PROPER USE OF THE APOSTROPHE AND THE DIFFERENCE BETWEEN "THEIR", "THEY'RE", AND "THERE", AND LEARN TO _PROPERLY_ SPELL THIS SENTENCE: "THEYRE GOING OVER THEYRE TO THEYRE CAR"!!! No, "theyre" is NOT in either the American OR British English dictionaries, because IT'S A MISSPELLING!! I don't care if you _are_ a product of American public schools' "outcome based education", and have been taught "invented spelling" since you were six, in the real world, poor spelling and grammar skills make you look like an idiot no matter how profound your ideas may be. I read through your entire post because you had something interesting to say, but your lowercase "i"s, poor spelling, and total lack of apostrophes nearly caused me to give up. I'm sure that many others did give up, or skipped your post entirely after only a few lines.

    --
    Exceeding the recommended torque is not recommended.
  226. Altering equipment.... ;- by JoeCommodore · · Score: 1

    >This is just not true. Not in any way. Right of first sale says I can do ANYTHING i damn well please with a physical item I
    > purchased. If I want to take the computer apart and sell each individual circuit, I can. That includes not including origional license
    > to the OS that came with it.

    Don't go there.. you are dissaeembling a piece of hardare, isn't that curcumventing the intended design and purpose of the equipment???

    --
    "Enjoy what you're doing! If it becomes drudgery, you're doing it wrong!" - Jim Butterfield
  227. Re:This is a sales pitch for their Academic Licens by PotatoHead · · Score: 2

    Strange maybe.... I don't know about the modified version of CDE. If you are talking about 4Dwm then we agree. Very few window managers are as well executed as that one is.

    As for IRIX, it just works and works. (Suffering a bit of an application shortage at the moment tho.)

  228. Re:Don't like the website? Wait a couple of days.. by Kaiwen · · Score: 3, Insightful
    If you think MS lawyers would nix this you're sadly mistaken.

    I was referring specifically to the statement regarding "owning" the software. The EULA specifically, and with great emphasis, states you do NOT own the software -- you LICENSE it -- specifically so that MS retains control over it. As soon as an MS lawyer claps eyes on that all hell's gonna break loose in Redmond. There is no way in hell MS would ever admit you OWN their software. It would be the end of their business model.

    The rest of your post I agree with.

  229. Re:This cannot be true - Just to be an ass... by weetabix · · Score: 1

    Id wager he knows a *lot* about airline safety. he managed to defeat it several times...

    like taking political advice from Osama... now that id agree with.

    --

    -- "It's tough to run with both feet stuck in your mouth" - Zoe's evil side

  230. Why are they worried about this kind of piracy? by trixiehotbottom · · Score: 1

    If someone buys a used PC that had windows on it, it'll probably just crash within two days anyway...then the purchaser would have to install something else anyway...perhaps a version of windows they bought off the shelf??

    --
    Windows.....just another pane in the glass.....