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X-WM-Posted-At: avacado.atomice.net; Mon, 22 Apr 02 20:47:07 +0100
Message-ID: <014c01c1ea36$7c42a300$0100a8c0@advent02>
From: "Chris January" <chris AT atomice DOT net>
To: <cygwin AT cygwin DOT com>
References: <3CC35E3B DOT 3060306 AT goingware DOT com> <87n0vwlf0m DOT fsf AT liliwhite DOT renaissance DOT oasis>
Subject: Re: Is Cygwin legal under Windows XP?
Date: Mon, 22 Apr 2002 20:47:07 +0100
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----- Original Message -----
From: "Elizabeth Barham" <soggytrousers AT yahoo DOT com>
To: <cygwin AT cygwin DOT com>
Sent: Monday, April 22, 2002 2:04 AM
Subject: Re: Is Cygwin legal under Windows XP?


> This whole thing seems kind of iffy in regards to Microsoft's
> position. While Microsoft has some authority, consumers do too and
> Windows XP's EULA may violate some consumer rights (I don't know of
> any off hand, though). But even if it doesn't violate any at the
> moment, it violates what I consider my own "consumer rights" - I have
> the right to run any program I want to on any computer I own,
> including Microsoft Operating Systems.
>
> And what is this EULA anyway? If I purchase software, do I or do I not
> own the software? And can I or can I not do anything I want to with it
> - I mean, it's mine and they sold it to me. Or am I "leasing" the
> software from someone?
>
> It's one thing for an EULA to say, "You may have one copy of this
> piece of software running on at most one computer at any time," but
> another thing for it to say what I can use the software for.
EU law says:
(3) In accordance with the provisions of the Berne Convention for the
protection of Literary and Artistic Works, the provisions of this Article
may not be interpreted in such a way as to allow its application to be used
in a manner which unreasonably prejudices the right holder's legitimate
interests or conflicts with a normal exploitation of the computer program.

I would say a clause that prevents me from running sshd to allow me to
remotely adminster my computer conflicts with a normal exploitation of the
computer program (Windows XP).

Chris





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