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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.
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.
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
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.
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