Interface Posted October 15, 2004 Share Posted October 15, 2004 Hi,I need a legal clarification regarding to Win XP Pro.My unattented CD was working very fine with all the applications.All my applications are properly licensed including winXP Pro. Then,, one of my friends intrested i it and he copied my CD for understanding the scrept and layout. Every think is normal.... Now my question is ,,, If he use my CD in his PC with all my applications which is licesed to me, Is there any legal problem for me?.Because I have myown oemlogo and and support information in it. my contact adress and Email are also included in it.If authority catch him do I have any legal problem because of my contact adress like teplephone, PO Box and Email in it?Please correct me Link to comment Share on other sites More sharing options...
MHz Posted October 15, 2004 Share Posted October 15, 2004 Get the copy back, pronto. legally speaking.Edit. assuming that he is getting paid software for nothing? Link to comment Share on other sites More sharing options...
Astalavista Posted October 15, 2004 Share Posted October 15, 2004 i don't think that is quite legal, Link to comment Share on other sites More sharing options...
Denney Posted October 15, 2004 Share Posted October 15, 2004 It is illegal outright...If the EULA for a program says only the registered user can use it (most software has this in the EULA), then anyone else having it is using it illegally. Link to comment Share on other sites More sharing options...
buletov Posted October 15, 2004 Share Posted October 15, 2004 his quesion was can he get in trouble.well, legally, you can say he stole your back-up copy from you while you were on the bathroom Link to comment Share on other sites More sharing options...
Devil_666 Posted October 15, 2004 Share Posted October 15, 2004 lol you would be like one of those ppl at my school who i hated for not letting me borrow there paid windows / game CD.Get over it, he can install it, when he tries to activate it, chances are it will bounce back saying its already in use, then just direct him to a activation crack and problem solved Link to comment Share on other sites More sharing options...
<SparTacuS> Posted October 15, 2004 Share Posted October 15, 2004 Devil_666 - out of order with your advice.Echo what others have said - you should ask for your cd back. If your friend wants to learn direct them here. Link to comment Share on other sites More sharing options...
Interface Posted October 16, 2004 Author Share Posted October 16, 2004 Still no body answer my question.....If authority catch him do I have any legal problem because of my contact adress like teplephone, PO Box and Email in it?I will get back the copy sure. He is using my licensed copy and somebody catch him then he is illegal not me right..... All are my arguments if some things goes worngs.Please help me.... Link to comment Share on other sites More sharing options...
Denney Posted October 16, 2004 Share Posted October 16, 2004 It depends on if he dobs you in for "giving" the CD to him... You'd have to convince the judge that he "stole" it or something like that.In other words, yes, you will have legal problems as your illegally distributing software. Link to comment Share on other sites More sharing options...
Astalavista Posted October 16, 2004 Share Posted October 16, 2004 hi interface. i am just wondering which country are you from?if the person is indeed a friend why dont u get it back?if he tries to activate his windows xp and it isn't the same pc that is orginally bundle with that is a red flag right there.imagine u hv to go to court and EXPLAIN how he got it and blah blah blah. if you are working that means u miss work, that means no pay.if you are a student, u miss school, hassle man.get it back and give him a floppy disk,with this batch filefdisk!hahhahahah Link to comment Share on other sites More sharing options...
Interface Posted October 20, 2004 Author Share Posted October 20, 2004 HI,Sorry for the delay in replaying this...... Okey,,,,,,,Forget about my country ,,,, I am working in another country and in a sensitive section.....on Coperate ...We have 6 domain and almost 6000 users.I am resposible for one domain and 980 users.I created The Unattented CD just for this coprate users only.This XP license and some application also I included on it. So no activation 'cos Copreate License. Sorry to say this,,,,I was by this FRIENDS through this CD.... Now The CD Which I created is On the Local market as it is ......they are selling this like hot cake.....If authority catch The CD do I have any legal problem because of my contact adress like teplephone, PO Box and Email in it?Please let me know ??????@Astalavista: Fdisk But If anybody use my Cd and connected to the Internet then I will Came to know that termial.......by....hooks..... that is powerful than Fdisk.... Link to comment Share on other sites More sharing options...
mockranger Posted October 20, 2004 Share Posted October 20, 2004 Not being a lawyer but a SysAdmin with corporate licenses and multiple countries, I'll give you my take. I'll stick to the Windows license but each license agreement for each software would really have to be examined.I'm not a lawyer so I suggest you seek a lawyer's advice.Reading the current product use rights document I just received from Microsoft, section II, paragraph K on VLKs clearly states that a company is responsible for any unauthorized use of the VLK. Also, in the general secton it clearly states the software (meaning pretty much every MS product) is covered by federal copyright laws and international copyright treaties. This is from the license agreement for the Americas. Keeping all that in mind, the person who asked the country is asking a good question. The penalties and ability to prosecute are directly tied to the license agreement for the country/region and treaties in place. Most companies, MS included, have different license agreements for different parts fo the world. If you are specificly asking about the US here's the possible outcomes....First, the copyright holder may bring civil and/or criminal charges against the infringing company or individual. Basically they can get you both ways if they want to. It's the copyright holder's choice, not a law enforcement official.The penalties for the civil side are basically seeking damage that are the ammonts lost due to the infringement as well as any profits attribitable to the infringement. Also they can seek statuatory damages. All this can go up to $150KUS for EVERY infringement. In your case that would be for every copy this "friend" sold.In addition, on the criminal side, the infringing party can be fined $250KUS or sentenced to up to 5 years, or both. I believe that is for every infringement as well but I haven't been able to find a statement to back that up. All of this info is freely available on the BSA website. Keep in mind this is for infractions prosecuted in the US; other countries will be different.Also, the way I read it, the copyright holder can go after your "friend", the company you work for (as the holder of the VLK), and potentially you individually since you've indicated you have embedded personal info (address, phone, email) in the unattended.Basically the short of it here is if this person IS selling this CD its a gross violation of someone's license agreements and your best option would be to run, not walk to the legal council for your company and tell them what is going on because otherwise they are looking at a potential black-eye you wouldn't believe. If this were to happen in my company, that would be the only thing I coudl do and have any kind of prayer of saving any kind of job (I'd surely get demoted and sent off to a dank area of much less responsibilty) Link to comment Share on other sites More sharing options...
mazin Posted October 20, 2004 Share Posted October 20, 2004 @InterfaceHowever you worry will not solve the problem, if there is any. Try getting your CD back. Be subtle trying to convince your friend that you WILL ADD so new features to the CD that it WILL BE a STORY.Otherwise, let a problem happen. There are lawyers.I'm not sure if it's efficient to email Microsft so that they can ban your CD-Key and give you another one. This way, your friend can't activate his (actually your) copy. Link to comment Share on other sites More sharing options...
Interface Posted October 21, 2004 Author Share Posted October 21, 2004 Thanks for the Clarifications.....@mokranger: Thanks....... I am runnnig to the legal council of my company ...........About my less responsibility..... I don't wanna write a story By hand I didn't gave the CD It is through my Manager... ... But My worry is my contact Adress in as OEMIFO........@ Mazin :As you said But with Emotional Blackmailing,crying and what not ...I got the CD back but it is already flood in the market... Link to comment Share on other sites More sharing options...
mazin Posted October 21, 2004 Share Posted October 21, 2004 ... but it is already flood in the market...Merry Xmass in JAILS... Link to comment Share on other sites More sharing options...
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