[c-nsp] SmartNet coverage on Cisco's chassis-based products

[Tony Varriale]

I don't see any of the parallels you are drawing either between Cisco and MS 
et al or on the referencing link.  If you'd like we could take it off line.

One interesting point is that Mr. Reese and company have supported the 
"reseller" uprising (including on his blog).  But, the one question no one 
will address is the license issue.  If they wanted to make a run at they 
should go up against the issue you bring up directly.  I think that would be 
a wiser use of time rather than kicking and screaming like a kid.

As a side note, of those big "resellers" not one of them that I've done 
business with (or any collegues) have had any licensing information 
recommmended or disclosed.   They acted as if it didn't exist.

tv
----- Original Message ----- 
From: "Justin Shore" <justin at justinshore.com>
To: "Tony Varriale" <tvarriale at comcast.net>
Cc: "Brandon Price" <brandon at sterling.net>; "Cisco-nsp" 
<cisco-nsp at puck.nether.net>
Sent: Monday, February 11, 2008 5:28 PM
Subject: Re: [c-nsp] SmartNet coverage on Cisco's chassis-based products


> Tony Varriale wrote:
>> Are they cheaper once you buy the software license?  Let's not forget, 
>> the software license is not transferrable.
>>
>> That's a typical oops not only in this method but from 3rd party 
>> resellers.
>
> This may be blasphemy here but I'm really surprised that no one has ever 
> taken the big C to court on this particular issue because C would almost 
> certainly lose.  Microsoft fought that battle against people selling the 
> copy of Windows that came bundled with their PC or their PC and OS when 
> they bought a new model.  MS lost and set a perfect precedent.  The courts 
> found that the Doctrine of first sale does apply to OSs and bundled 
> software.  (see Softman v. Adobe)   Just because C calls it a license 
> doesn't mean that it actually is.
>
> http://en.wikipedia.org/wiki/First-sale_doctrine_(patent)
>
> Not that I want to take on the Big C.  It is something that I've wondered 
> about for years.  If MS, Adobe and others were slapped down by the courts 
> on this very thing then why not the Big C?
>
> Justin