Windows Licensing and Win4Lin Terminal Servers?

miguelk asks: "I'm helping a company (in Brazil) legalize their desktop operating system licenses by migrating to Linux on the desktop. WINE was tried but unfortunately did not work out for this particular case, so the idea is to install a Linux server with Win4Lin Terminal Server for 5 users, since the company has 5 Windows98 licenses to use for this purpose. All of the other 50+ desktops would be running Linux and would access these 5 licenses as needed, whenever they use a legacy Windows application. I have a question about the legal aspect of using the Windows desktop remotely. From all I have researched so far, this is legal since the actual Windows code will be installed on only one computer and will not be loaded in RAM on any other computer. I see it as equivalent to having 5 PCs on a desk and users walking up and using whatever PC happens to be available. I suspect that a direct, unprepared question to Microsoft is not a good idea, so I want to prepare first. Can anybody comment on this solution or share their experiences?"

Comments

Re:From the FAQ:

[sporty]

Now, defining "active user" is the fun part, isn't it? It sounds like what you're trying to do is within the bounds here, but then again, IANAL. If the MS EULA is hazy for VNC then who the hell knows.

Tight usage of industry abbreviations, 10 yard penalty. 1st down.

Rather than address the original question,

[Glonoinha]

Rather than address the original question, I will dig deeper to understand the true issue.

You are actively searching for a way to get the machines at your company running in a productive manner on any OS in any means other than running any legitimately licensed Windows OS.

This choice is driven purely by financial decisions.
You are jumping through hoops in order to run the programs you want to run, that happen to run on Windows nicely, but don't want to (can't) purchase enough licenses of Windows OS's for all the machines.
You don't particularly dislike Windows, you just have already decided not to buy any more copies at $300 apiece.
The economy in the country in which you live and operate is so shattered that buying licenses at the current price is impossible. Much like the situation in China(?) we read about here the other day (no I am not going to look it up.)

Microsoft recognized the issue in China and is offering massive discounts over there if they will go legit. My suggestion - figure out what that price is, convert it to your local currency to determine a price per license, go out and actually buy a NEW legit single copy/license (pay $300 or $500 or whatever it costs for that particular version) and then do the math : however many licenses that would have given you in China, use that many.

If it helps your consience any, use an older (unsupported) OS like Win95 or NT4.0 on those machines, figure that the discounted pricing gets you older outmoded warez - but in a round-about way you did pay your fair share.

If the SPA hassles you, invite them for an on-site inspection and tell the local drug lords that they are DEA agents. That will pretty much keep you off the SPA mailing lists.

If anybody else give you any grief, tell 'em I said it was ok.

BillG

Re:Read the EULA

[zulux]

My EULA states allowing others to access the system remotley in order to avoid purchasing a license is a violation. So you'll need a license for every desktop which will access the system.

I have my own EULA that all software companied implicitly agree to bt runnin on one of my compuers, it stated the following:

In excange for money, and by use on this computer, the software company agrees to, and warrants, the folowing:
This agreement superceses all previsous agreements.
This software is sold, and not leased or licensed.
This software is a product and is fit for the use it it advertised for.
This agreement does not superved any copy-rights tha software company may have on this product.
The software can be resold, transfered or duplicate under the same laws and regulations that govern the sale, transfer and duplication of published books.

So there, my EULA trumps their EULA because they agreed to it by running on my computer.

If a 'click though' EULA is good for them, it's better for me!

HA!

Re:Read the EULA

[reallocate]

Nice try. Did those evil companies receive and agree with your EULA before you bought their product?