IIRC, courts have decided that enforcing price controls by forcing hardware to be sold with the OEM edition is not valid, so you can indeed sell OEM software without hardware.
Still, I don't think that eBay has changed their rules on this yet. So just to be safe, there is no harm in including a bit of hardware with an OEM MS product. You don't have to state what it is or that it would be even useful, meaning just an old 4MB or 8MB SIMM should be sufficient to meet eBay's requirements. Those are abundantly available, cheap, and add practically nothing to the total package weight for shipping calculations. My 16MB and precious 32MB SIMMs, as well as DIMMs 64MB and up are off limits though. I hoard those for my own greenbox Debian projects.
Just be damn sure what you are selling is actually legal and includes the COA (which with OEM pretty much means that annoying holographic sticker)
I take it that sticker is usually stuck on the computer's case? If you can't peel it off without mangling it, then an alternative is to keep an eye out for old boxed MS products. Usually printed on the side of the box is an area that says Microsoft Certificate of Authenticity yaddayaddyadda. Since there is nothing that indicates what specific product the COA is for or whether it is for Windows or Mac, cut that out and include it in the listing, and state that A COA is included (as opposed to The COA). That should satisfy eBay's requirements for reselling MS software, whether retail or OEM. And if you are worried that some asshat from MS might shut the auction down anyway, simply don't use any pictures in the auction, since everyone knows what a MS Office 97 or Windows 98SE, etc CD and gem case look like.
I was simply pointing out an "idealized" solution for those who insist on following the letter of the law (or the RIAA's claims and terms) no matter ridiculous they are.
Personally, I believe that customers have a right to acquire backups of any music that they have legally purchased at any time without having to buy it again and to hell with what the RIAA has to say about it as long as you can prove that you have an original purchased recording of said piece. And there are plenty of inexpensive sources to get those originals in whatever format. Used CDs, tapes, and records are still perfectly legal to buy and sell.
So then, go ahead and buy your DRM-encumbered songs and archive them all to a CD or DVD. Store the disk with those originals in a safe place, then go make backups of those stored songs by downloading non-DRMed versions from the P2P service of your choice.
I am sick of Microsoft lumping pirated software with:
1. Resold software, buy MS Office, switch to something else and try to sell your software on eBay and Microsoft claims is pirated because their EULA says you can't resell.
In my experience with reselling used MS software on eBay (software that I typically find cheap at thrift stores), it seems that the biggest secret to keeping the listing alive is the COA. Apparently, as long as you mention that there is a Certificate of Authenticity included with the item, MS will leave you alone. And that COA can be either the paper version that is inserted into the case, or the bit of cardboard off of the box from pretty much any Microsoft product.
This is the minimum for MS retail versions. Apparently for OEM, the only other thing you need to add to the listing is that there is also included an unspecified, unwarranted piece of computer hardware in order to comply with the rules on reselling OEM software.
As for the EULA, you can also claim that you have not installed this package yourself and have not accepted the EULA. The CD was tested by mounting on a Linux system and browsing through the directory structure.
Okay, one last post before finally going to get some sleep. For real this time...
For example, how would you find a good jazz album on p2p or bittorrent - if you don't know what it's called? both are really geared to shareing known material - if I made an album and posted it on either, there'd be bloody few downloads!
I'm not sure how to do it with BitTorrent, but with the stories I have written and shared via p2p (and I do this on Gnutella), I just add a few keywords to the end of the file name, prefaced with - keywords -
Since I started doing that, I have had quite a few downloads of my entire library of tales I have written thus far. I also have a couple of text files that also have the appropriate keywords. One of the files explains what the entire series is about, and the other is just a plain simple list of each story chapter and the specific file name to search for.
And that is how an unknown can gain new readers (or viewers or listeners) via p2p.
Thats not how NNTP works. You don't get to dictate how your messages are stored and distributed on usenet.
If he didn't want his posts archived, all he had to do was have the following line at the top of his post...
x-noarchive: yes
As for some of his site being quoted in Google's search results? That sounds like a classic case of fair use to me.
And further into the article...
In his lawsuit, Parker also claimed Google was liable for defamation because the search company archived allegedly defamatory messages posted by Usenet users and that Google was invading his privacy by creating an "unauthorized biography" of him, the court said.
I can't access Usenet (or Google Groups) from the base network here, so I can't look into this further. But if he was being some sort of asshat (spamming, trolling, etc), then the other users would have every right to call him on his bullshit, short of threatening him or commiting libel.
As long as innovation is crushed at the patent level, then yes, the NBT is never going to happen.
More specifically, the Next Big Thing would not arise in the U.S. or any other countries that have followed in our footsteps as far as patent law goes.
The source of that quote will probably remain a mystery for years. However, way back when I had ambitions to learn 6502 assembly language and become a programmer, there was a statement in one of the many books I had accumulated that was somewhat similar to the 640K quote.
The book was Compute!'s Apple II Machine Language for Beginners. The statement was something to the effect of:
It is highly unlikely that you would ever need more than 64K of RAM for any program you might need to create.
Of course, even back then, that claim was bullshit, since there were already plenty of games and apps on the Apple II (at least the IIe and IIc) that needed 128K.
Ah, but His/Her copyright would have been under the old laws, which was 14 years plus an optional 14 year renewal, like most of the stuff on Project Gutenberg.
And if He/She still wanted to claim copyright under the Sonny Bono Act, then technically, expiration would have occurred in 100 CE in the U.S. or 75 CE everywhere else according to Christian mythology.:p
Times may vary according to other religious beliefs.
Specifically, God is the owner of the copyright and trademarked materials, wich includes all life forms. The aforementioned human reverse engineered a virus without authorization, thereby infringing upon God's copyrights and trademarks.
Jesus Christ on a pogo stick, God! I thought that you of all people would know that those copyrights expired millions of years ago. And as for your trademarks? You have done nothing lately to protect them, so I'm pretty sure that you are SOL on those as well.
It's pretty interesting when you think about it. Virgin will not stay a virgin for very long if you fuck around. But afterlife is forever right ? And a lot of women with only one man gives really bad cat fights. So, these suicide bombers will be stuck with 72 angry bitches for eternity...I suppose they deserve it.
Ah, but do their teachings specifically state that all 72 virgins will be female? If not, imagine the surprise some of these homicide bombers have in store when they get to Heaven and discover that their 72 virgins are a collection of assorted popes, cardinals, and bishops freshly arrived from Purgatory.
Ugh, I have to go look at something pleasant now to scrub that bit of imagery from my brain...
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Still, I don't think that eBay has changed their rules on this yet. So just to be safe, there is no harm in including a bit of hardware with an OEM MS product. You don't have to state what it is or that it would be even useful, meaning just an old 4MB or 8MB SIMM should be sufficient to meet eBay's requirements. Those are abundantly available, cheap, and add practically nothing to the total package weight for shipping calculations. My 16MB and precious 32MB SIMMs, as well as DIMMs 64MB and up are off limits though. I hoard those for my own greenbox Debian projects.
I take it that sticker is usually stuck on the computer's case? If you can't peel it off without mangling it, then an alternative is to keep an eye out for old boxed MS products. Usually printed on the side of the box is an area that says Microsoft Certificate of Authenticity yaddayaddyadda. Since there is nothing that indicates what specific product the COA is for or whether it is for Windows or Mac, cut that out and include it in the listing, and state that A COA is included (as opposed to The COA). That should satisfy eBay's requirements for reselling MS software, whether retail or OEM. And if you are worried that some asshat from MS might shut the auction down anyway, simply don't use any pictures in the auction, since everyone knows what a MS Office 97 or Windows 98SE, etc CD and gem case look like.
Yes, I'm aware of that. That is where King Solomon was published.
.fuck would never fly, because too many fuckin' people are irrationally afraid of the fuck word.
And http://www.chick.com/ would have to become www.chick.xxx as well.
I was simply pointing out an "idealized" solution for those who insist on following the letter of the law (or the RIAA's claims and terms) no matter ridiculous they are.
Personally, I believe that customers have a right to acquire backups of any music that they have legally purchased at any time without having to buy it again and to hell with what the RIAA has to say about it as long as you can prove that you have an original purchased recording of said piece. And there are plenty of inexpensive sources to get those originals in whatever format. Used CDs, tapes, and records are still perfectly legal to buy and sell.
So then, go ahead and buy your DRM-encumbered songs and archive them all to a CD or DVD.
Store the disk with those originals in a safe place, then go make backups of those stored songs by downloading non-DRMed versions from the P2P service of your choice.
The ultimate proof will come when bits of flotsam from the Big Bang Burger Chef finally reach Earth.
In my experience with reselling used MS software on eBay (software that I typically find cheap at thrift stores), it seems that the biggest secret to keeping the listing alive is the COA. Apparently, as long as you mention that there is a Certificate of Authenticity included with the item, MS will leave you alone. And that COA can be either the paper version that is inserted into the case, or the bit of cardboard off of the box from pretty much any Microsoft product.
This is the minimum for MS retail versions. Apparently for OEM, the only other thing you need to add to the listing is that there is also included an unspecified, unwarranted piece of computer hardware in order to comply with the rules on reselling OEM software.
As for the EULA, you can also claim that you have not installed this package yourself and have not accepted the EULA. The CD was tested by mounting on a Linux system and browsing through the directory structure.
I'm not sure how to do it with BitTorrent, but with the stories I have written and shared via p2p (and I do this on Gnutella), I just add a few keywords to the end of the file name, prefaced with - keywords -
Since I started doing that, I have had quite a few downloads of my entire library of tales I have written thus far. I also have a couple of text files that also have the appropriate keywords. One of the files explains what the entire series is about, and the other is just a plain simple list of each story chapter and the specific file name to search for.
And that is how an unknown can gain new readers (or viewers or listeners) via p2p.
If he didn't want his posts archived, all he had to do was have the following line at the top of his post...
x-noarchive: yes
As for some of his site being quoted in Google's search results? That sounds like a classic case of fair use to me.
And further into the article...
I can't access Usenet (or Google Groups) from the base network here, so I can't look into this further. But if he was being some sort of asshat (spamming, trolling, etc), then the other users would have every right to call him on his bullshit, short of threatening him or commiting libel.
I'd comment more on this, but I need my sleep.
I think that was a king, not a rabbi, some bloke by the name of Solomon.
If I used both hands to surf the Web instead of just one, then how would I hold my coffee cup?
Okay then, how about a solar-powered flashlight, or perhaps dehydrated water?
Just add water. One quart (or liter) makes one quart (or liter).
Would that by chance be the Illunimodi?
More specifically, the Next Big Thing would not arise in the U.S. or any other countries that have followed in our footsteps as far as patent law goes.
The source of that quote will probably remain a mystery for years. However, way back when I had ambitions to learn 6502 assembly language and become a programmer, there was a statement in one of the many books I had accumulated that was somewhat similar to the 640K quote.
The book was Compute!'s Apple II Machine Language for Beginners. The statement was something to the effect of:
It is highly unlikely that you would ever need more than 64K of RAM for any program you might need to create.
Of course, even back then, that claim was bullshit, since there were already plenty of games and apps on the Apple II (at least the IIe and IIc) that needed 128K.
And even even more capitalist...
"Give a man a fish, and he owes you a fish with 15.5% annual interest compounded monthly. If he defaults on the payments, break his kneecaps."
'Tis a pity he didn't join the other Marx brothers in the entertainment industry. He would have been a great comedic asset to Groucho and company.
Anyway, the version I posted was from some comedienne I watched one night on Comedy Central. Can't remember her name though.
One I always liked was:
Give a man a fish, and he'll have fish for dinner. Teach him to fish, and you've just blown away your entire fuckin' marketbase.
(or something to that effect...)
Ah, but His/Her copyright would have been under the old laws, which was 14 years plus an optional 14 year renewal, like most of the stuff on Project Gutenberg.
:p
And if He/She still wanted to claim copyright under the Sonny Bono Act, then technically, expiration would have occurred in 100 CE in the U.S. or 75 CE everywhere else according to Christian mythology.
Times may vary according to other religious beliefs.
Jesus Christ on a pogo stick, God! I thought that you of all people would know that those copyrights expired millions of years ago. And as for your trademarks? You have done nothing lately to protect them, so I'm pretty sure that you are SOL on those as well.
Have a nice day.
Are you sure you didn't mean Adam sims, considering it's a ColecoVision you are talking about?
Ah, but do their teachings specifically state that all 72 virgins will be female? If not, imagine the surprise some of these homicide bombers have in store when they get to Heaven and discover that their 72 virgins are a collection of assorted popes, cardinals, and bishops freshly arrived from Purgatory.
Ugh, I have to go look at something pleasant now to scrub that bit of imagery from my brain...
Not counting the Egyptians, that is. They were around before Ishie, but I think they are considered Arabs now as well.
If I remember correctly, that belief is also held in both the Jewish and Christian mythologies.