easy Posted September 13, 2008 Posted September 13, 2008 hi,i have made from xp cd the same face (surface) with lightscribe,my question is, it is legal to sell this media to another ?its only the surface, there's no software in it.here is an image.what do you think about that ?
Yzöwl Posted September 13, 2008 Posted September 13, 2008 Well I'm no lawyer but I'm fairly sure that you've copied something which is copyrighted.I'm talking here about the logo's, design etc.It's therefore technically a copyright breach just duplicating 'the face' of the media, nevermind suggesting selling it!(I can see no purpose in having made this duplication unless the media is intended to be loaded with duplicated copyrighted software either. It wouldn't surprise me if it would be possible to bring a case against you intent to defraud or aiding piracy regardless of the media being 'sold' blank!)
nitroshift Posted September 13, 2008 Posted September 13, 2008 You have to bare in mind that Microsoft has also trademark rights on the Windows flag, Microsoft name itself and the Windows XP name. So IMHO what you are trying to do is dodgy to say the least, if not plain illegal.
James_A Posted September 13, 2008 Posted September 13, 2008 (edited) Well copyright law is a civil, not criminal, matter in most jurisdictions so you would have Microsoft's lawyers after you, not the police.You still can't do it. Copyright law grants Microsoft the exclusive right to make copies. You cannot make copies and sell them unless you have a licence from Microsoft. And you will have to pay for the licence, if you ever get one.If you actually put some software on the disk that's likely to be a criminal matter as well.All of this civil -v- criminal stuff varies from country to country.Short explanation: Don't do it. At all. Edited September 13, 2008 by James_A
Tripredacus Posted September 16, 2008 Posted September 16, 2008 It is not illegal to re-sell original, modified or even burned copies of Windows. The only thing that is a problem is the licenses. Such as, I could make 100 copies of Vista and sell them without being liable as long as CD Keys are not provided.
jcarle Posted September 16, 2008 Posted September 16, 2008 (edited) Using, duplicating or selling Microsoft logos, names, trademarks, software or any other intellectual property without explicit consent from Microsoft is ILLEGAL. Period. Edited September 16, 2008 by jcarle
James_A Posted September 17, 2008 Posted September 17, 2008 ... I could make 100 copies of Vista and sell them without being liable ...No, No, No, that's complete and utter rubbish.You have confused a licence granted under copyright law to copy the software, with a licence granted you to use the software.Do not make the elementary mistake (common amongst those with no legal training) of confusing the licence I referred to with the licence in the EULA.The advice first posted by Yzöwl is correct. My contribution was to distinguish civil and criminal matters -- which affects the court you appear in and what the layman means by the word "illegal", not whether you are liable or not -- I do not contradict either Yzöwl or jcarle.
xlfdll Posted September 17, 2008 Posted September 17, 2008 (edited) Here is another question:The first post is about Disc media, but, HOW ABOUT THE IMAGES FILES?(For example, Windows XP or Vista's .iso image from Microsoft sites, without CD-KEY) Edited September 17, 2008 by xlfdll
weEvil Posted September 17, 2008 Posted September 17, 2008 Using, duplicating or selling Microsoft logos, names, trademarks, software or any other intellectual property without explicit consent from Microsoft is ILLEGAL. Period.Aren't we allowed to make a personal backup copy of media here?
xlfdll Posted September 17, 2008 Posted September 17, 2008 Aren't we allowed to make a personal backup copy of media here?That's allowed.However DO NOT make copies for others.
jcarle Posted September 17, 2008 Posted September 17, 2008 The first post is about Disc media, but, HOW ABOUT THE IMAGES FILES?(For example, Windows XP or Vista's .iso image from Microsoft sites, without CD-KEY)If you sell the ISO, it's illegal.
Zxian Posted September 17, 2008 Posted September 17, 2008 It's quite clear - selling something that belongs to MS is illegal. This includes making a CD and selling it for profit. Now, as far as I know, it's not illegal if you give a copy of something that is readily available from Microsoft.com (without requiring a login or a licensed copy of XP/Vista). Note the key word here is give.
weEvil Posted September 17, 2008 Posted September 17, 2008 (edited) Aren't we allowed to make a personal backup copy of media here?That's allowed.However DO NOT make copies for others. Never mind. I re-read the original post.To the OP:No. Its NOT ok to sell it. Its illegal, first of all. Secondly, its immoral. You are profiting off of someone else's work.Why are you selling a CD with no data on it? You make all of us at MSFN sad. Edited September 18, 2008 by brucevangeorge
docmarten Posted September 18, 2008 Posted September 18, 2008 Well copyright law is a civil, not criminal, matter in most jurisdictions so you would have Microsoft's lawyers after you, not the police.Actually in the USA this is no longer the case. In the USA they have just made laws to make copyright offenses a federal criminal matter.i believe Australia and the UK are making plans to do the same
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