Linux Networks & the Competition Act (Was: Fwd: [d at DCC] Competition Act)

Evan Leibovitch evan-ieNeDk6JonTYtjvyW6yDsg at public.gmane.org
Tue Jun 16 20:57:03 UTC 2009


Darryl Moore wrote:
> That is an interesting article you point to. Unfortunately I fear it is
> the article that has the facts wrong. Not this thread.
>
> Refer to the MS EULA directly here:
>
> http://www.microsoft.com/about/legal/useterms/default.aspx
>
> It is quite clear. The relevant section is the one titled WINDOWS VISTA
> HOME BASIC and/or WINDOWS VISTA HOME PREMIUM
>
> 4. USE WITH VIRTUALIZATION TECHNOLOGIES. You may not use the software
> installed on the licensed device within a virtual (or otherwise
> emulated) hardware system.
>
> I am afraid this is a slightly higher authority on MS license
> restrictions then a arstechnica.com article.
>   
And yet... if you look at the license for Vista Business (at the same
website you point to), it is also quite clear:

    3. d.  "*Use with Virtualization Technologies*. You may use the
    software installed on the licensed device within a virtual (or
    otherwise emulated) hardware system"


So ... It's not that Microsoft prohibits virtualization in all versions
of Vista or as corporate policy. It is only prohibited in the Home
versions that trade lower cost for reduced functionality. This is a 100%
legitimate, non-monopolistic approach (though certainly not the open
source approach).

You're being disingenuous in your approach by looking at the specific
examples of licenses (that are KNOWN to be for reduced-functionality
versions) and using them as the basis for a blanket condemnation of the
company. If you're not being completely up-front here (and/or provably
not doing your homework), how do you expect a skeptical reader to trust
the rest of your assumptions and assertions?

>> Having a monopoly is not illegal in Canada.  Abusing a monopoly
>> position is.  Personally, I "feel" that Microsoft has abused a
>> monopoly position.  With no penalty or remedy.
>>     


Or evidence.

If you are appealing to law, remember that the law has no use for what
you "feel".


- Evan

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