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Re: Legal issues with having Linux use Windows device drivers



Paul M. Foster writes:
> I suspect there *is* a legal issue here. If you buy MS Windows, you
> install the device drivers on your system as part of the software.

He's talking about drivers that come with hardware, not with Windows.

> I haven't checked MS's license, but they may have a license like "You can
> use it, but we still own it.

The Microsoft license contains all sorts of unenforceable crap.

> If you buy MS Windows, you install the device drivers on your system as
> part of the software. (I haven't checked MS's license, but they may have
> a license like "You can use it, but we still own it.") But the software
> is still part of the Windows operating system. I don't think you can go
> out and program your own "Windows clone" operating system and then use a
> bunch of Windows drivers off their distribution.

If I buy a book I can cut pages out and paste them into another book.  If I
buy Windows I can cut pieces out and paste them into Linux (I can't use
copies of those pieces elsewhere, of course).

> Looked at another way, MS *wrote* that device driver, and they've made it
> part of their suite of programs.

No, the hardware manufacturer wrote the driver in question and distributed
it with their hardware.  In fact, I suspect that the hardware manufacturers
wrote most of the drivers distributed with Windows.

> And even if it wasn't a legal issue, if Microsoft wanted to hassle you
> about it, you'd be just as beat up as if they'd sued you.

How would they hassle me about it without sueing me and without giving me
grounds to sue them?  Bob Richardson (my attorney) would really enjoy
taking on Microsoft in front of judge Wing and a jury of Pierce County
farmers.

> Maybe I'm wrong, but the world of Microsoft is not the world of Linux,
> and the ownership of things in Gatesville is a lot more important than it
> is in Linusland.

It's money that matters in Gatesville.  The only thing to be gained by
sueing or 'hassling' me is bad publicity.
-- 
John Hasler
john@dhh.gt.org (John Hasler)
Dancing Horse Hill
Elmwood, WI


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