[dvd-discuss] Microsoft Lies About Donating Computers

[Seth Johnson <seth.johnson(at)realmeasures.dyndns.org>]

(Forwarded from CNI Copyright list, cni-copyright@cni.org)

-------- Original Message --------
Date: Mon, 29 Apr 2002 18:01:09 -0400
From: "Peter D. Junger" <junger@samsara.law.cwru.edu>


Microsoft has posted the following misinformation about
donating computers to schools.  

Microsoft asserts that it is a legal requirement that if one
donates a computer to a school it must be accompanied by its
original operating system, rather than, say Linux, or no
operating system at all.

It would seem that this claim has something to do with the
earlier discussion about property and monopolies and the
first sale doctrine and licenses that are actually
restrictive covenants.

I would think that Sun and IBM and Oracle, with their
interest in Linux, and Walmart with its computers without
operating systems (see
> http://www.walmart.com/catalog/product_listing.gsp?path=0%3A3944%3A3951%3A41937%3A86796%3A86798&dept=3944&cat=86798&sb=61&bti=0>
would want to challenge this fanciful claim, as would a lot
of state attorney generals and potential donors of old
computers.

Can anyone think of a way of bringing this to the attention
of the court in the Microsoft Antitrust Case?

------- Forwarded Message

Date: Mon, 29 Apr 2002 16:27:36 -0400
From: "Peter D. Junger" <junger@samsara.law.cwru.edu>
Message-Id: <200204292027.g3TKRaT32457@samsara.law.cwru.edu>
To: junger@samsara.law.cwru.edu
Subject: Microsoft Education > Accepting Donated Computers
X-URL:
http://www.microsoft.com/education/?id=DonatedComputers


   Instructional Resources
   Evaluation
   How to Buy
   Workforce Development
   Support
    
_________________________________________________________________

   Microsoft Classroom Teacher Network
   TechNet for Education
   Microsoft IT Academy Program 
   [Product Resources...] GO
   [I Want To..................................] GO
   How to Buy

A Guide to Accepting Donated Computers for Your School

The  decision  to  accept or decline an offer of donated
computers for your  school can be complicated. There are
many important questions to ask, including:
  * Will  the  computer  run  the  software that your school
currently uses?
  * What  is  the  cost of integrating the hardware into
your existing networks?
  * Will your teachers or students need additional training
to use the computer?

If  you  feel  it is in the best interest of your school to
accept the donated  PCs,  make  sure  that  the  hardware 
donation  includes the original  operating system software.
Keeping the operating system with the PC is not just a great
benefit - it is a legal requirement.

Questions and Answers

Q.  Why  should  a  donor  include  the operating system
with their PC donation?
A.  It  is a legal requirement that pre-installed operating
systems  remain  with  a  machine  for  the  life of the
machine. If a company  or  individual  donates  a machine to
your school, it must be donated with the operating system
that was installed on the PC.

Q.  What  does  the donor need to do to donate a PC with the
operating system?
A.  PC  owners  have  to transfer their license rights to
the operating  system  to your school along with the PC.
They may do so as specified in their End-User License
Agreement (received at the time of purchase) as part of a
permanent sale or transfer of the PC.

Q.  How  does  the  PC  owner  transfer  their  license
rights for the operating  system?
A.  The  following  should  be  included  with the donation
of the PC.
  * All  copies  of  the  software  on  original disk or CD,
including back-up and/or recovery materials
  * Manuals and printed materials
  * End-User License Agreement
  * Certificate(s) of Authenticity

Q.  What  if  the  donor  can't  find  the backup CDs,
End-Use License Agreement,  End-User  manual  and the
Certificate of Authenticity? Can they still donate the PC
and operating system?
A. Microsoft recommends that  educational institutions only
accept computer donations that are accompanied  by  proper 
operating  system documentation. If the donor cannot 
provide this documentation, it is recommended that you
decline the donated PC(s).

Q.  Can  I  upgrade the operating system on a donated
machine?
A. Yes, once the machine and installed operating system is
transferred to your school  or  institution  you own the PC
and the licensed software. You can  upgrade  via  Microsoft 
Academic  Licensing  Programs: Microsoft School   
Agreement    Subscription,    Microsoft   Campus   Agreement
Subscription,  Microsoft  Academic  Open or Microsoft
Academic Select. Contact  your  preferred  Microsoft 
Authorized Education Reseller for details.

Did you know...?
If  your  school  has  a  Campus  Agreement  Subscription 
or a School Agreement  Subscription,  and  you  receive  a
donated computer with a properly licensed operating system,
it's automatically covered by your agreement.  That  means
you can install the Campus or School Agreement software on
the donated computer at no extra cost.
Find out about Microsoft's Academic Volume Licensing
programs.

Related Links...

   Authorized Education Reseller List
   Protect Your School from Software Piracy
   Support Options
   Last updated: Thursday, April 18, 2002

   (c)  2002  Microsoft  Corporation.  All  rights reserved.

------- End of Forwarded Message