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

[Oliver Dewdney]

Don't forget that the original software 'bundled' with typical a typical Cisco Router is a particular version of an ip-base software. Any software upgrades the previous owner performed is licensed to the previous owner either through smartnet and/or actual software license purchase. The Cisco license documentation only seem to use the 'upgraded' scenario in their licensing scare tactics. Whether a separate license purchase can also be re-sold is not entirely clear.

Oli Dewdney

-----Original Message-----
From: cisco-nsp-bounces at puck.nether.net [mailto:cisco-nsp-bounces at puck.nether.net] On Behalf Of Justin Shore
Sent: 11 February 2008 23:28
To: Tony Varriale
Cc: Cisco-nsp
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
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