I have been informed by several companies whose products, like VNC, are made "illegal" on the surface by this language that common legal opinion is that any attempt to enforce like agreements would face real problems not being considered an '"illegal constraint of trade". Anyone would have trouble enforcing such an agreement. Considering Microsoft has been ruled a monopolist, their chances of enforcing agreements that restrict trade are "less than average"
Bruce Williams "Think of it as evolution in action." - Niven & Pournelle (OhMyGod - Watch out 'Net, I got enable again! ;-) _________________________________________________________ > -----Original Message----- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED]]On Behalf Of Chris Johansen > Sent: Tuesday, April 23, 2002 11:12 AM > To: [EMAIL PROTECTED] > Subject: RE: What is the word here about Microsoft, VNC and XP? > > > At 4/23/2002 Tuesday 11:52 AM, you wrote: > > >Microsoft's XP license agreement says, "Except > >as otherwise permitted by the NetMeeting, Remote > >Assistance, and Remote Desktop features described > >below, you may not use the Product to permit any > >Device to use, access, display, or run other > >executable software residing on the Workstation > >Computer, nor may you permit any Device to use, > >access, display, or run the Product or Product's > >user interface, unless the Device has a separate > >license for the Product." > > Guess it depends on what "Device" means, or, specifically, > what a court > decides it means. If "Device" means device, as commonly > used, right now > this verbiage says you must have a separate licence for > *each* of *any* > attached mouse, keyboard, display monitor, or other device. > > Note that the type of applications mentioned "NetMeeting, Remote > Assistance, and Remote Desktop) *imply* remote "use, access, > display, or > run[ning]," but nowhere else does it explicitly use the term > "remote;" it > makes (as any lawyer will advise) the broadest possible claim. > > Clearly, a laptop must be a single device. Do I need more > licences for its > docking station, detached second keyboard, and second > monitor? Do I need > another license if I attach a mouse to the laptop instead of > using its > integral touchpad or joybutton? > > But does the "Workstation Computer" include its peripherals? > > If I use a switchbox to choose between two monitors do I need three > additional licenses? > > Yes, this is "reductio ad absurdem." The problem with > splitting hares is > that you get rabbit guts all over the place. > > OTOH, it says, "you may not use the Product to permit [those uses > enumerated]." One could argue that one merely uses the > Product to run VNC > Server and that VNC Server (surely not a Device) then runs the user > interface and applications, while connected to a VNC Viewer. > > Best regards, > -- > Chris Johansen > 33 Haywood Street > Asheville, NC 28801-2835 > --------------------------------------------------------------------- > To unsubscribe, mail [EMAIL PROTECTED] with the line: > 'unsubscribe vnc-list' in the message BODY > See also: http://www.uk.research.att.com/vnc/intouch.html > --------------------------------------------------------------------- --------------------------------------------------------------------- To unsubscribe, mail [EMAIL PROTECTED] with the line: 'unsubscribe vnc-list' in the message BODY See also: http://www.uk.research.att.com/vnc/intouch.html ---------------------------------------------------------------------
