Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S262526AbVDLRdd (ORCPT ); Tue, 12 Apr 2005 13:33:33 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S262540AbVDLRbh (ORCPT ); Tue, 12 Apr 2005 13:31:37 -0400 Received: from hades.almg.gov.br ([200.198.60.36]:18304 "EHLO hades.almg.gov.br") by vger.kernel.org with ESMTP id S262526AbVDLR3V (ORCPT ); Tue, 12 Apr 2005 13:29:21 -0400 Message-ID: <425C057F.4090605@almg.gov.br> Date: Tue, 12 Apr 2005 14:29:35 -0300 From: Humberto Massa User-Agent: Mozilla Thunderbird 1.0+ (Windows/20050224) MIME-Version: 1.0 To: debian-legal@lists.debian.org, linux-kernel@vger.kernel.org Subject: Re: non-free firmware in kernel modules, aggregation and unclear copyright notice. References: In-Reply-To: Content-Type: text/plain; charset=ISO-8859-1; format=flowed Content-Transfer-Encoding: 7bit Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 1609 Lines: 40 David Schwartz wrote: >>David Schwartz wrote: If you buy a >>W*nd*ws install CD, you can create a derived work, e.g. an >>image of your installation, under the fair use rights >>(IANAL). Can you distribute that image freely? >> > > I would say that if not for the EULA, you could >transfer ownership of the image to someone else. And if you >legally acquired two copies of Windows, you could install >both of them and transfer them. Otherwise, you could not sell >a machine with the Windows OS installed unless you were a >Microsoft OEM. Does Microsoft take the position that if you >want to sell your PC, you must wipe the OS? Not that I know >of. > > DS If you will keep your copy and registration # of windows, yes, you *must* wipe out the machine before selling it. The point is moot, anyway, because the image is *not* a derivative work: It is a copy of the work, made by automated and automatable processes. It's not a creation of the spirit. So, no, when you get a WinXP CD from Microsoft, you have absolutely *no* rights to create derivative works. If a person creates a derivative work, even if it does not distribute it, it would be infringing on MS's copyrights and I would not want to be in said person's shoes, if someone in the legal department of MS wakes up in the wrong side of the bed. HTH, Massa - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/