[TriLUG] Microsoft to support Linux

[Aaron S. Joyner]

David McDowell wrote:

>I'm in no way trying to rant... so please know this is light and curious.  :)
>
>I'm curious what you mean by non transferrable??  I can take any
>server I have, take it out of commission, replace with a completely
>new server and use the same license.  That is transferrable.
>  
>
But can you "Transfer" it to someone else?  Can you give away or sell 
that which you have purchased to another individual?  From Microsoft's 
Windows XP Professional EULA:

> 4. TRANSFER-Internal.  You may move the Product to a different 
> Workstation Computer.  After the transfer, you must completely remove 
> the Product from the former Workstation Computer.  Transfer to Third 
> Party. The initial user of the Product may make a one-time transfer of 
> the Product to another end user.  The transfer has to include all 
> component parts, media, printed materials, this EULA, and if 
> applicable, the Certificate of Authenticity.  The transfer may not be 
> an indirect transfer, such as a consignment.  Prior to the transfer, 
> the end user receiving the transferred Product must agree to all the 
> EULA terms.  No Rental.  You may not rent, lease, lend or provide 
> commercial hosting services to third parties with the Product.

So the net result there being you can, with out a whole lot of hassle, 
transfer the license.  Oh, but only once.  And only with some strings 
about not being able to host or lease on XP Pro.  Let's go back in time 
a bit farther to Windows 2000 Pro:

> Software Product Transfer.  You may permanently transfer all of your 
> rights under this EULA only as part of a permanent sale or transfer of 
> the HARDWARE, provided you retain no copies, you transfer all of the 
> SOFTWARE PRODUCT (including all component parts, the media and printed 
> materials, any upgrades, this EULA and, if applicable, the 
> Certificate(s) of Authenticity), and the recipient agrees to the terms 
> of this EULA.  If the SOFTWARE PRODUCT is an upgrade, any transfer 
> must also include all prior versions of the SOFTWARE PRODUCT.

So with 2k we can't transfer it at all, unless it goes with the machine 
(98SE was very similar as well).  But there's no draconian limitations 
about what we can and can't do with it in terms of providing hosting to 
other customers.  Guess they hadn't thought that up yet.  :)  How about 
Windows 2000 Server?  Let's take a peak:

> Transfer to Third Party. The initial user of the Product may make a 
> one-time transfer of the Product to another end user. The transfer has 
> to include all component parts, media, printed materials, this EULA, 
> and if applicable, the Certificate of Authenticity. The transfer may 
> not be an indirect transfer, such as a consignment.  Prior to the 
> transfer, the end user receiving the transferred Product must agree to 
> all the EULA terms. No Rental. You may not rent, lease, or lend the 
> Product.

So here's where the "may not rent, lease or lend" verbiage started to 
creep in.  Note that we also can't transfer but once in 2k Server.  
There are similar niceties about being able to move it from device to 
device internal in your corporation just before the 3rd party parts, as 
was in the XP license quoted above.

I tried to find a copy of the Server 2003 licensing, but I was unable to 
google one up.  I suspect it's more draconian than the XP licensing, in 
continuing with M$'s strategy of hiring more and more lawyers to cook up 
more and more ways to restrict your use of their code, to translate into 
more and more money, in ever craftier ways.  Then again, I'm a bit of a 
biased point of view.  :)

Personally, I'll stick with products that if I like them sufficiently, 
and want to use them myself, *encourage* me to give copies to as many 
people as I can find.  I'd rather have a software provider that is more 
interested in my being thrilled with the function of their software, 
than how much of my budget I'm willing to spend with them.

Aaron S. Joyner