Is it illegal to violate Microsoft's license agreement

Attorney answers (2)

1. 

   Daniel Ballard

   Sacramento Intellectual Property Law Attorney

   Contributor Level 19

   2

   Helpful votes

   Answered May 16, 2010 06:55. The short answer is yes. The longer answer requires some quick background.
   
   In the main, and grossly simplified, "the law" consists of:
   (1) rules, regulations, and directions relating to the function of government(s) ["administrative law"],
   (2) prohibitions on conduct and penalties for engaging in that conduct ["criminal law"], and
   (3) rules governing the social and business interactions between members of a society ["civil law"].
   
   So when you ask whether it's "against the law" to upload the same copy of Windows onto 1000 computers, the answer depends on what law you're talking about.
   
   Would the last 999 uploads be a "crime" -- that is, would those uploads violate a federal or state criminal law [i.e., one on the books because the conduct harms not only the victim (in this case, Microsoft) but also society]? Yes. Copyright law includes provisions that make it a criminal offense, under certain conditions, to reproduce a copyrighted work w/o permission from the copyright owner. Uploading the last 999 copies of Windows satisfies those conditions and so uploading those copies would be a "crime." Our federal or your state law enforcement agencies could file criminal charges against the uploader [and those who aid and abet the uploader].
   
   Would the last 999 uploads violate civil law? Again, yes. Not only would those uploads infringe Microsoft's copyright in Windows, the uploading would also be a breach of contract [i.e., the Window's license]. Microsoft could sue the uploader [and his or her company and everyone else involved] and seek monetary damages for the infringements and/or breach. Microsoft and companies like it often learn about this outside-the-scope-of-the-license uploading through the whistleblower function of the Business Software Alliance [see bsa.org].

   • Mark as helpful
   • Flag
2. 

   Teri A. Walter

   Houston Litigation Lawyer

   Contributor Level 19

   Answered May 16, 2010 06:54. Yes, both federal copyright law, and your license agreement with Microsoft prohibit this action.

   • Mark as helpful
   • Flag