Leasing Computers

[businessowner350]

Hi folks,

I know that when leasing out computers to customers, you can't give them Windows unless you join Microsoft's SPLA scheme, or use Linux.

This is ok, but what I'm wondering is if there are any issues with the BIOS in the computers, coz technically, that's software, and by law, you can't lease out software...

Thanks

 

[gentech5]

I don't know how the bios if referred to in legal documents, but technically it's actually 'firmware' and not software.

If you'll support the hardware, you'll have to provide support for the bios, as it's an internal part (embedded) of all hardware chipsets, and not 3rd party programs.

If you customer paid for the hardware, it means they paid for the firmware that comes along, including bios.

 

[businessowner350]

I don't know how the bios if referred to in legal documents, but technically it's actually 'firmware' and not software.

If you'll support the hardware, you'll have to provide support for the bios, as it's an internal part (embedded) of all hardware chipsets, and not 3rd party programs.

If you customer paid for the hardware, it means they paid for the firmware that comes along, including bios.

Thanks for the reply.

My customer's won't be buying the computer, but renting it from me. I have no problems supporting the BIOS

Does firmware have different rules in law?

 

[gentech5]

I don't know about that. Can't rely on personal guesses on that one.

Am sure someone who's done that before should be able to give a definite answer.

However I'd strongly advise to get professional help for legal documents. I used to be in the support industry some time back, and seen many service providers lose money because of small clauses in maintenance contracts.

You can't risk omitting or overlooking anything, might end up being a costly mistake in the long run.

 

[businessowner350]

Bad news

Reading the EU Computer Programs Directive:

"Whereas, for the purpose of this Directive, the term 'computer program` shall include programs in any form, including those which are incorporated into hardware;"

This is a really stupid law!! Doesn't this outlaw renting out nearly *anything* electrical in today's world?