You’ll Take Vista and Like It!
Awhile back I bought a new Toshiba laptop. I got a great deal and it looked like it would serve my needs just fine. I knew exactly how I was going to use it.
When powering new computers on for the first time, most of them immediately lead you into the Windows installation routine. That makes sense because most people want Windows. But I didn’t. This laptop came with Vista, which from a previous experience playing with, I knew wasn’t for me. For kicks, I reviewed the license agreement. That was the nail in the coffin. I declined the EULA, rebooted to an Ubuntu installation CD and proceeded to send Vista to the bit-bucket.
I knew I couldn’t return Windows for a refund. Toshiba covered that nicely with a small notice on bright paper in the laptop box. But perhaps someone else can use the copy and I can get a few bucks back, I thought. Even thirty bucks would be enough for a casual dinner out.
I decided to look at the possibility of selling my copy on eBay. According to eBay’s policy on OEM software, I cannot sell it unless I also sell the original hardware the computer came with. Apparently, I can’t just ship the customer an old motherboard. Or if I do, it sounds like it would be a technical violation of the policy.
So, here I am. I have a copy of Vista I don’t want. I did not agree to the license terms and still, I can’t sell my copy of Windows (at least on eBay). Although I in no way agreed to Microsoft’s terms and conditions, including the condition that OEM software must be sold with hardware, I am still somehow bound by it.
If copyright law grants me the first-sale doctrine right and if I refuse to accept additional licensing terms from the copyright holder, how can the copyright holder assert any additional rights over what the law allows? Food for thought.