Can I do this in WINE?

[Bret Comstock Waldow]

James McKenzie wrote:
> Vitaliy Margolen wrote:
>> Bret Comstock Waldow wrote:
>>  
>>> Otherwise, I need to know about the legality, and practicality, of a
>>> scheme such as I am proposing above.  I'm hoping for comment, pointers,
>>> and perhaps help about writing it.
>>>     
>>
>>   
> Like Vitality said, the Wine project would like to avoid this, if
> possible.
I understand, as I mention in another post.  I also specify my reasoning
more there - it is a case of "the end justifies the means", but I
believe WINE itself might fall into that category.  You are offering a
way for Windows users to boot and remain in Linux instead of booting
Windows - that's what I want, specifically for Tablet computer  users
that have a legal copy of Tablet XP.

You can tell me if you think I'm wrong about that - it would help me to
understand.

>   However, the statements made about the 'parts' of Windows you are
> using.  If you are using a .dll that is available ONLY with a
> retail/OEM Windows package, you just might be violating the laws of
> your country.
In my approach, only a person that has a Tablet PC (Microsoft's
definition) which therefore is bundled with Tablet XP (or Vista now, I
suppose) licensed for that machine will use the app, and they will
install it on their Windows copy, just as they do Word.

No Microsoft code is redistributed at all, unless it's part of the
re-distributables listed in the Visual C++ or Tablet SDK listings.

Keep in mind of course that this application doesn't exist yet, if it
ever will.

>   Here it is best to consult a copyright attorney before DOING
> ANYTHING.  In the United States, copyright violations can be VERY
> expensive.  If you get several of the United States government
> entities involved, fines can be very high and you can end up with a
> lengthy stay in one of the country's finer prisons.
Since I will only redistribute code I've written, or files listed as
re-distributable in the Visual C++ or Tablet XP lists, I think this
wouldn't apply - not copyright violation anyway.  I'll have to look at
the pertinent license terms for other aspects.

Let me know if you think I haven't understood, please.

>> You have to have valid _retail_ license of whatever windows version
>> parts of which you want to use with Wine.
>>   
> Depends on where you are living.  The European Union threw out most of
> the End User License Agreement as unenforceable.  In the United States
> of America, your statement is completely true.  However, it is best to
> avoid piracy if at all possible.
No piracy at all - the copy of Tablet XP is licensed for the machine
it's installed on.  It would get copied off the disk into RAM, but only
on the hardware it's licensed to.  Is that a violation?

>> You can only use OEM version if you using the same hardware your
>> license came with.
No problem.  I'm not targeting or assisting any other scenario.  The law
that protects Microsoft's rights is the same law that enforces the GPL. 
I'm for it - and I want to be sure I don't violate it.

> Here, here.
As an aside, the original phrase is "Hear, Hear!" - as in an exhortation
to everyone else to listen to what this man is saying.

>   Let's build into Wine the functionality to support most popular
> Windows programs and rid ourselves of the need to rely on Windows .dll
> code.
I'd love it.  I'm working on it as best I can myself.  I see this a a
martial arts trick - go with the opponent to guide their strength so it
doesn't confront me.

But do please tell me any ways you can see that I'm still not
understanding the legal issues.  I can do more out of prison myself,
even if it's not working on this idea.

By the way, I'm living in Perth, Australia.  There are nuances to all
legal situations, but it is legal to reverse engineer software that I
have a legal right to use in Australia in order to use it with hardware
or other software I have the legal right to use (unless they changed
that in the last few months when I wasn't looking).  I don't know that
that's pertinent in this case, as I'm proposing a Windows application
written to be installed and run on Windows.  And then possibly, accessed
via WINE.

I'd just as soon choose a solution that is legal (or at least not
obviously illegal) in the US, Europe, and New Zealand (my home) as well.

Cheers,
Bret