Comment My translation (Score 1) 108
Second-Hand Windows at Waibel
After a dispute with Microsoft, the Ettling-based PC producer Waibel has switched to offering their PCs with second hand Windows licenses. "In Germany there are approximately 10 million usable operating systems which will become worthless in the next few years, while the licensees buy their next PC again with an operating system or quite simply just dispose of their old PC along with the operating system. 10 million operating systems however represents an economic value of at least 2 billion DeutschMark, which shouldn't be wasted", argues Waibel, throwing down the gauntlet to Microsoft: "This way Germany can save 2 billion, which if unused would otherwise go to an American company."
Using a web-form Waibel is accepting offers for required Windows licenses. The PC producer will pay upto 65 Mark for Windows 98 SE or ME and 85 Mark for NT or 2000. On the order page the Second-Hand operating systems then resurface for 95 Mark (SE and ME) and 135 Mark (NT and 2000) respectively. Obviously the required licenses are only available together with a new Waibel system - on the web site anyway there are no order possibilities without a PC.
Waibel have endeavored from the start to allay legal misgivings of suppliers and customers: "They need not worry, software is not a different economic product from e.g. an automobile. And here of course it is completely normal, that there are many uses behind each other from this. We have just tried through clever marketing to portray the situation somewhat differently."
Indeed Microsoft obviously can find no legal lever against the smart idea, which runs utterly against the license strategy of the software giant. Microsoft spokesman Thomas Jensen said on enquiry by heise online that one should be informed about the offer and examine the case, and that he wasn't able to give a statement about it yet.
Since the decision of the BGH [Germany's Federal Supreme Court] it stands as legally secure, that the sale of Windows licenses is quite safe, provided that these are not bound through technical facilities to the hardware. Such a dongled second hand version would be presumably worthless for the buyers though. The lifting of such an obstacle could represent an illegal intervention into the copyrighted work. Whether Waibel is buying such versions at all, the offer is currently not to be withdrawn: at any rate the company reserves the return of the purchase "if not satisfied or other defects".
Waibel's relations with Microsoft are greatly spoiled, since the PC producer sold a Windows 98 to a c't test buyer without the certificate of authenticity. Microsoft has reported that Waibel has meanwhile refused to give the demanded explanation and will hence be sued for an injunction and damages. The lawsuit is sub judice under district court Mannheim. Until there is some news from there, it seems Waibel has found an alternative supply source for Windows licenses. Managing director Andreas Waibel was unable to be reached for a statement: the company's press spokeswoman didn't want to speak.
