VMware + WindowsXP guest + license?

Derek Broughton news at pointerstop.ca
Mon May 7 19:27:23 UTC 2007


Albert Charron wrote:

> Derek Broughton wrote:
>> Albert Charron wrote:
>>
>>   
>>> Sadly, you can't use an OEM licences (licence that came with a computer)
>>> anywhere else than on the PC it came with (As for Windows, it's
>>> installed in a second computer when installed in VMWare).
>>>     
>>
>> No, it's not.  That's Microsoft's opinion, but it isn't a _legal_ one.
>>   
> The EULA is a contract.  If the EULA states you can't move a license and
> you accept this term, well, you accepted the contract between you and
> the software maker, and you have to comply with the terms...  I think
> this is what I call a __legal__ opinion...

In the first place, "click & accept" licenses are not legally proven to be
valid.

In the second place, no contract can be held to be valid if it is contrary
to law, and in this case there's an extremely good argument that it can NOT
be valid under Canadian law.
> 
> Please note that I don't wan't to start a flame war here... I won't
> argue any more on the subject.  Just that I don't like that people say I
> don't know what I'm talking about.  In fact, when I don't know on a
> subject, I don't answer to the thread.

Then you shouldn't have offered a legal opinion when you _can't_ know the
answer - and you can't since you don't know the jurisdiction in which it's
to be applied.
 
> I think this thread is getting more and more off-topic now... As I said,
> I won't post to this thread again...
> 
This is exactly the topic.  Whether the OP can use his OEM licensed Windows
under VMWare, and the answer is: physically difficult, legally vague.
-- 
derek





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