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September 08, 2011

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Rob Dewhirst

If I understand the question correctly, your asking if you are violating the EULA of Windows on a computer you examine because you accepted the Agreement on another Windows computer?

In perusing the windows 7 license, it says it is licensed "per copy per computer basis". The investigator would have had to accept the EULA for the computer they are examining, no? I think that's unlikely.

Benjamin Wright

Rob: Your analysis sounds logical. Still, I'm not sure your analysis answers all the possible arguments about whether the investigator is doing something illegal.

Does it not feel fishy for an investigator to "bypass" encryption that is intended to protect privacy?

Thank you for your excellent comment. --Ben

Peter de Lacey

Surely the Windows EULA only applies if you are running Windows. If you are using software on Linux or some other OS to analyse data on a disk the EULA does not apply, does it? Regardless of what OS was used to create the data. The DMCA and privacy issues are a different matter though.
-- Peter.

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