Re: A response to Phil Carmody.

From: hutch-- (hutch_at_movsd.com)
Date: 11/23/04 

Date: 23 Nov 2004 03:44:38 -0800

Frank,

You are actually a lot closer with your trailing comments than you may
think.

> Myself, I have a lot of weird thoughts cross my mind... I think it's not
> permitted for somebody to redistribute Masm... unless somebody had some
> kind of an agreement with Microsoft... it crosses my mind that this
> agreement might include a provision that somebody not discuss the
> agreement... and that this might make somebody appear evasive about the
> issue... Only one of the many weird thoughts that cross my mind.

The EULA is not only valid but all I am required to supply for the use
of the files. It is normal that negotiations are not public property
hacked around newsgroups by hicks with an axe to grind but the level
of ignorance appalls me.

The EULA in fact does not address distribution at all but it clearly
established the legal right to use the software under the licence
issued by it. Matter of the disribution are those that I have
negotiated directly with Microsoft who are not only fuly aware of the
usage but have my home address and phone number as well as I get on
with the Microsoft people in OZ fine.

When Microsoft in response to my request some months ago returned the
view that,

1. The EULA is valid.
2. Compliance is required with the EULA to use the files.

I suggest it has something to do with their legal people actually
knowing what they are talking about.

The Microsoft legal people interpret the limitation on where it can be
used as Microsoft Operating Systems as is contained in the EULA and
the EULA correspondingly has an exit clause where Microsoft can
terminate the agreement if they deem someone to be using their
software outside the agreement in the EULA.

This much is clear for any user of the Microsoft binary files covered
with that EULA, they have a fully documented legal right to use the
Microsoft binaries under the conditions of the licence and that
licence is not subject to ANY OTHER CONSIDERATION.

Regards,

hutch at movsd dot com

Relevant Pages

  • Re: The TERRORFYING Trio
    ... EULA for the then current WIN98DDK and supplied a number of Microsoft ... it contains a clause for removal of licence ... supplied in the MASM32 project that is covered under the licence for ...
    (alt.lang.asm)
  • Re: Herbert, Herbert, wherefore art thou Herbert ?
    ... being for personal use, the licence says otherwise. ... Microsoft EULA because you simply dot't own it. ... is it legal to download MASM from the ...
    (alt.lang.asm)
  • Re: My pc mother board has died - Install xp oem
    ... Microsofts new change of the EULA. ... END-USER LICENSE AGREEMENT FOR MICROSOFT ... or a single entity) and the manufacturer ...
    (microsoft.public.windowsxp.general)
  • Re: Please Post text of WinXP SP2 OEM EULA
    ... OEM copy of Windows XP that came with SP2. ... link to my own currently installed generic OEM EULA. ... the official Microsoft vari-colored edge-to-edge holograms INSET into ... END-USER LICENSE AGREEMENT FOR MICROSOFT ...
    (microsoft.public.windowsxp.general)
  • Re: f0dders fabulous folly.
    ... Microsoft is to GPL, there is no love lost in either direction when it ... many years complete with a licence that says you can use it to develop ... understand what the protection the MASM user has when using this ... The EULA for OFFICE ...
    (alt.lang.asm)