Re: [pc110] Re: TouchPad driver (was PC110 For Sale)

Fringe Ryder (fringe nospam at
Wed, 11 Nov 1998 20:55:54 -0800

>Im glad you have provided the 110 community with this driver, and I
>your need to protect your effort, I have been in similar situations before
>my software on various CD's even with a statement stating that they cannot
>so without permission, etc. But in the case of selling a used piece of
>with preinstalled software it really doesnt apply unless the seller is
>selling machines as
>a business (reselling multiple copies) with the driver pre-installed.

I have written several of PC Magazine's top ten editor's picks of
freeware/shareware, which I bundled with a statement in the docs to the
effect that distribution could only be free, and that the software could
not be included on any disk for which there was even a duplication charge
or a charge for some other software. This didn't stop the creators of
those disks you buy at computer shows.

Consequently, I'm with Rex on this. He made his wishes very clear. Why
violate them?

>A piece of software such as a driver, OS, freeware, shareware, commercial,
>sold with a computer is not distribution of said software unless the
>seller RETAINS the original, otherwise its a transfer of ownership which is
>violating anything.

This is not technically true. Most of the software you "buy" does not give
you rights of transferrence. For reference, I pulled out a copy of
software by Psygnosis (which is the closest box to my desk). The Copyright
notice specifically forbids the purchaser from "copying, duplicating,
selling, hiring, renting, lending, or otherwise distributing, transmitting,
or transferring the product".

In this case, we're either talking selling or "otherwise transferring",
which again is proscribed by the copyright.

>For example, JoeShmoe decides to sell his computer system, he doesnt use it
>and decides he would rather have the cash. So he sells his computer
>that it has Windows 95, Microsoft Office, SuchAndSuch software, suchandsuch
>drivers, etc. He is free to do this without ANY violation against
>Microsoft, or any
>of the other companies copyrights or licensing. Its a simply transfer of

If Joe has a site license, and he doesn't wipe the software, it's a
violation. If he doesn't transfer the full packaging, it's a violation.
If the software prohibits said redistribution, it's a violation.

In fact, this is so much the case that my Microsoft Cinemania 97 License
Agreement specifically states that it IS transferrable. Quoting section 4:

4. Other Restrictions - You may not rent or lease the software, buy you may
transfer the software and accompanying written materials on a permanent
basis to another end user provided you delete the setup files from your
computer, and the recipient agrees to the terms of this agreement.

If Microsoft thought they had to point out when you CAN transfer, it's
clear to me that your a victim of wishful thinking. I'm with Rex; he wrote
it, he can say what you can and can not do with it.

>If an individual needed to receive permission to sell each piece of software
>on their computer in order to sell it, EVERY SINGLE used computer would be
>violation. It would go something like this, Heres the computer i am
>selling, I hope you

>are a tech as I had to reformat the hard drive to remove DOS/Windows and all
>software so that im not violating any laws.

Many used computers are, according to SPA. But does "everybody's doing it"
make it right?