| You see, in order to benchmark their software, you have to run it. And in order to run it, it has to be copied from disc to memory in your computer. And that copying requires a license from the copyright holder, in this case the EULA for the Microsoft product you're benchmarking. That license gives you permission to do something which would otherwise be prevented by copyright law (copying the application from disc to memory), but sets limits on what you're allowed to do with that copy. For example, the EULA says that if you use that copy to run benchmarks, you're not allowed to publish those results. Admittedly, the overall legality of EULAs is questionable, but it's certainly not a black and white issue. |
