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Nothing grants the ISP rights to request the data. Anyone can ask Microsoft for the data. However, only Microsoft can decide whether or not to grant the request
by mbreese 9y ago
Nothing grants the ISP rights to request the data. Anyone can ask Microsoft for the data. However, only Microsoft can decide whether or not to grant the request and actually send the data.
By making physical copies, Lundgren took Microsoft out of that equation. Now it was him and not Microsoft deciding who could get that data. So, unless Microsoft has granted you a license to distribute, then it doesn’t matter how much it costs... it isn’t legal. (Especially if you slap Microsoft and Dell logos on the disks.)
The copyright holder gets to determine how their data is distributed and what strings to put on that agreement. This is good. This is also what gives the GPL teeth...
- DoctorOetker 9y agoobviously when a user goes to download the recovery disk from Microsoft, this does not happen directly: his requests are received by his ISP and then the last non-microsoft device asks the first microsoft device for the file. From then on the ISP starts receiving a stream of bits. And the ISP then distributes them on to the original user. Cables and optical fibres are also physical media. Furthermore the ISP will also have distributed all the requisite SSL handshakes, such that the stream from the perspective of the user can be effectively seen as branded with the Microsoft logo (optionally displayed with a secure lock symbol depending on the browser)... Now if we all realize that ISP's are allowed to shamelessly distribute the recovery disk branded as authentic M$ warez, the judge might have been made to understand that it was not obvious for Lundgren that he would be forcefully fleeced.