Re: transfer unused oem XP home from hard drive to my laptop

"DNA" <DNA@discussions.microsoft.com> wrote in message
news:FBC6AB1D-FEAF-4E31-ABC9-6D2CC7E85C97@microsoft.com...
> Bought a new computer a year ago that came with preinstalled "XP home".
> Already had XP Pro and installed a bigger hard drive with the XP Pro in
> the
> computer. Never used the other Hard drive. Now want to transfer XP Home
> (oem)
> from unused hard drive to new hard drive in old laptop (dell latitude).
> Can I
> do it?

Just try it and see.

If it don't work, then...

Well, the way I see it, you already paid for a license and haven't used it
yet -- so, ahem, "aquire" another XP Home source...

I'm saying to follow the path of least resistance. Make of it of what you
will...

DNA <DNA@discussions.microsoft.com> wrote:

>Yeh....I kind of figured that was the answer...but it doesn't make sense to
>me that there is any kind of "lock" because what happens if I want to upgrade
>my hard drive? something goes wrong with the oem motherboard or the hard
>drive crashes?.......I have to buy more software?...BS....gotta believe that
>this is part of the microsquish vendor noise that in an attempt to "protect"
>(right!) their licenses, it actually makes people have to do bad things...U R
>right, I bought the license and I want to use it as I see fit........heck
>with 'em...and you can bet the salesman never said anything to me that the
>software had any restrictions when I bought the machine
>retail............................
>

The "lock" that is present in certain OEM versions of Windows XP (the
ones from mid size and larger OEMs) is tied to the motherboard BIOS,
and effectively requires that the motherboard BIOS be from the same
OEM that produced the OEM CD. This does limit motherboard
replacement options but new hard drives etc. should not be a problem.

Salesmen are often ignorant of many facts regarding the products they
sell and even if they are aware of them they would be reluctant to
disclose anything that might in any way jeopardize the sale.

Ron Martell Duncan B.C. Canada
--
Microsoft MVP (1997 - 2006)
On-Line Help Computer Service
http://onlinehelp.bc.ca
Syberfix Remote Computer Repair

"Anyone who thinks that they are too small to make a difference
has never been in bed with a mosquito."

"DNA" <DNA@discussions.microsoft.com> wrote in message
news:C6A37F38-401E-44E0-9EA2-2D14A687BA2F@microsoft.com...
> Yeh....I kind of figured that was the answer...but it doesn't make sense
> to
> me that there is any kind of "lock" because what happens if I want to
> upgrade
> my hard drive? something goes wrong with the oem motherboard or the hard
> drive crashes?.......I have to buy more software?...BS....gotta believe
> that
> this is part of the microsquish vendor noise that in an attempt to
> "protect"
> (right!) their licenses, it actually makes people have to do bad
> things...U R
> right, I bought the license and I want to use it as I see fit........heck
> with 'em...and you can bet the salesman never said anything to me that the
> software had any restrictions when I bought the machine
> retail............................

Hi,

Trust me, I certainly understand why you are ****ed.

You legitimately paid to use a copy of copy of XP that should be able to be
activated, able to access updates, etc -- and haven't even used it yet.

(Yeah, I know that the EOM EULA is probably inclusive to specific hardware
and that it the EULA agreement would be legally binding -- but the NAZIs had
"legally binding agreements" to toss people into ovens as well.)

Fortunetly, I haven't had to screw with EOM crap in years, so I don't know
if this will work it not -- but may be worth a try.

The EOM install or "restore" BS CD's probably are wrapped in the EOM's
installer, I'm sure. If you try to install it on a computer other than the
one it came with, it'll bitch.

Install the CD's onto the computer it came with, but don't activate XP. In
fact, make sure the computer isn't even physically connected to a network
when you install.

After it installs, clean it up. Get rid of all the EOM junk software and
all the specific device drivers that were installed for that computer. Get
it as close to a base install as possible.

Use your backup software of choice to make an image of that base install
onto something easily transferable, like a bootable DVD or external HDD.

Restore the image onto your target computer. Have any network hardware
drivers ready for that computer, if need be.

Get it talking. If it bitches during the activation, call the M$ 1-800 #
and bullshit them. Tell them you replaced the motherboard on the original
computer. Better yet, tell them "you had to have it replaced" to imply
someone else did it. (Basically, act ignorant.)

After its activated, just start downloading and installing all necessary
drivers you need, windows updates, etc. Get it into a nice, clean, "base
install" for that computer.

Finally, just image that install onto another medium for future use...

It may work. No harm in trying...

LOL

Change all the "EOM" 's to "OEM" in my previous message, obviously.

FWIW
Did you see the post from a Germany user that stated; following a high court
decision an OEM wincd cannot be lawfully locked to the pc hw?
(In Germany obviously)

"Ron Martell" <ron.martell@gmail.com> wrote in message
news:l2ucr2tvdd4g8v782n3uo8fsbug0jplpcn@4ax.com...
> DNA <DNA@discussions.microsoft.com> wrote:
>
> >Yeh....I kind of figured that was the answer...but it doesn't make sense
to
> >me that there is any kind of "lock" because what happens if I want to
upgrade
> >my hard drive? something goes wrong with the oem motherboard or the hard
> >drive crashes?.......I have to buy more software?...BS....gotta believe
that
> >this is part of the microsquish vendor noise that in an attempt to
"protect"
> >(right!) their licenses, it actually makes people have to do bad
things...U R
> >right, I bought the license and I want to use it as I see fit........heck
> >with 'em...and you can bet the salesman never said anything to me that
the
> >software had any restrictions when I bought the machine
> >retail............................
> >
>
> The "lock" that is present in certain OEM versions of Windows XP (the
> ones from mid size and larger OEMs) is tied to the motherboard BIOS,
> and effectively requires that the motherboard BIOS be from the same
> OEM that produced the OEM CD. This does limit motherboard
> replacement options but new hard drives etc. should not be a problem.
>
> Salesmen are often ignorant of many facts regarding the products they
> sell and even if they are aware of them they would be reluctant to
> disclose anything that might in any way jeopardize the sale.
>
> Ron Martell Duncan B.C. Canada
> --
> Microsoft MVP (1997 - 2006)
> On-Line Help Computer Service
> http://onlinehelp.bc.ca
> Syberfix Remote Computer Repair
>
> "Anyone who thinks that they are too small to make a difference
> has never been in bed with a mosquito."

DL wrote:
> FWIW
> Did you see the post from a Germany user that stated; following a
> high court decision an OEM wincd cannot be lawfully locked to the
> pc hw? (In Germany obviously)

Got a web link?
Surely - something that decisive would be reported quite publically...

--
Shenan Stanley
MS-MVP
--
How To Ask Questions The Smart Way
http://www.catb.org/~esr/faqs/smart-questions.html

Afraid no link, it was a recent post in these groups, from someone asking a
similar Q on the use of an OEM cd on another sys

"Shenan Stanley" <newshelper@gmail.com> wrote in message
news:eoB6yxuQHHA.3592@TK2MSFTNGP06.phx.gbl...
> DL wrote:
> > FWIW
> > Did you see the post from a Germany user that stated; following a
> > high court decision an OEM wincd cannot be lawfully locked to the
> > pc hw? (In Germany obviously)
>
> Got a web link?
> Surely - something that decisive would be reported quite publically...
>
> --
> Shenan Stanley
> MS-MVP
> --
> How To Ask Questions The Smart Way
> http://www.catb.org/~esr/faqs/smart-questions.html
>
>

Found the msg;


"Gundemarie Scholz" <spamyousilly@inbox.ru> wrote in message
news:51k9feF1kgd86U1@mid.individual.net...
> Kerry Brown wrote:
>> "stand_58" <stand_58@hotmail.com> wrote in message
>> news:u52NX0cPHHA.2312@TK2MSFTNGP04.phx.gbl...
> [snipped description of copying partitions from one machine to another,
> including the OS]
>> Another consideration is licensing. If the old installation is an OEM
>> version or if you are still using the old computer then you are breaking
>> the
>> terms of the license.
>
> That depends on the country. In Germany OEM versions of Windows are not
> tied to one machine and can be purchased separately, it was a decision
> by the highest German court in 2000 (file reference 1 ZR 244/97).
>
> Regards,
> Gunde



"Shenan Stanley" <newshelper@gmail.com> wrote in message
news:eoB6yxuQHHA.3592@TK2MSFTNGP06.phx.gbl...
> DL wrote:
> > FWIW
> > Did you see the post from a Germany user that stated; following a
> > high court decision an OEM wincd cannot be lawfully locked to the
> > pc hw? (In Germany obviously)
>
> Got a web link?
> Surely - something that decisive would be reported quite publically...
>
> --
> Shenan Stanley
> MS-MVP
> --
> How To Ask Questions The Smart Way
> http://www.catb.org/~esr/faqs/smart-questions.html
>
>

<snipped rest of thread>

DL wrote:
> FWIW
> Did you see the post from a Germany user that stated; following a
> high court decision an OEM wincd cannot be lawfully locked to the
> pc hw? (In Germany obviously)

Shenan Stanley wrote:
> Got a web link?
> Surely - something that decisive would be reported quite
> publically...

DL wrote:
> Found the msg;

<begin quote>
stand_58 wrote:
> [snipped description of copying partitions from one machine to
> another, including the OS]

Kerry Brown wrote:
> Another consideration is licensing. If the old installation is an
> OEM version or if you are still using the old computer then you
> are breaking the terms of the license.

Gundemarie Scholz wrote:
> That depends on the country. In Germany OEM versions of Windows
> are not tied to one machine and can be purchased separately, it
> was a decision by the highest German court in 2000 (file reference
> 1 ZR 244/97).
<end quote>

I see that "1 ZR 244/97" is actually (or likely) "I ZR 244/97". I found a
PDF that seems to reference it. It is (naturally) in German and my German
language knowledge is more than weak (it is non-existent) - so I tried to
locate the referenced section (found it on several pages) and then translate
each of the surrounding areas using babelfish... With some success.. But it
would be better if someone here who can read/write German and English might
help out. *grin*

The document:
http://webdoc.sub.gwdg.de/univerlag...conomy_book.pdf
(page 278 of 373)

German?
<begin quote>
Funktionsbeschränkter freier Zugang?

Wie bereits angedeutet, bedeutet Open Access nicht zwangsläufig, dass der
Verfasser mit jedweder Nutzung seines Werkes einverstanden ist – vielmehr
mag gerade die kostenlose Zurverfügungstellung seiner Arbeit dazu führen,
dass eine Nutzung nur zu bestimmten, von ihm gebilligten Zwecken, etwa
nichtkommerzieller oder wissenschaftlicher Art, erfolgen soll. Während der
Ausschluss einzelner Verwertungsrechte, etwa des Bearbeitungsrechtes,
lizenzvertraglich ohne weiteres möglich ist, ist eine auf bestimmte
Nutzungszwecke beschränkte Lizenzierung einzelner Nutzungshandlungen
urheberrechtlich nur in Grenzen zulässig. Zwar kann ein Nutzungsrecht im
Grundsatz örtlich, zeitlich und inhaltlich beschränkt werden, eine dingliche
Wirkung entfaltet eine solche Beschränkung jedoch nur dann, wenn sie sich
auf eine wirtschaftlich-technisch selbständige Nutzungsart bezieht. Ohne
weiteres möglich ist freilich eine Vereinbarung schuldrechtlicher Art, das
Werk nur in der vom Verfasser vorgegebenen Art und Weise zu nutzen. Eine
urheberrechtliche Wirkung kann mittelbar dadurch erzielt werden, dass eine
Verletzung dieses „Nutzungsvertrages“ zu einem Rückfall sämtlicher Rechte an
den Lizenzgeber führt.
<end quote>

<rough (really rough) english translation>
Function-limited free entrance?

As already suggested, open access means not inevitably that the author
agrees with either use of its work - rather the straight free availability
of his work may lead to it that a use only to certain, from it approved of
purposes, not-commercial or scientific kind, to take place is. While the
exclusion of individual rights of exploitation, for instance the working on
right is license-contractually easily possible, a 'Lizenzierung' of
individual use actions limited to certain use purposes is in copyright
matters only within limits permissible. A right to use can be limited the
principle locally, temporally and contentwise, a material effect unfolds
such a restriction however then only if it refers to an
economical-economically independent type of use. Easily possible an
agreement of contractual kind is certainly of using the work only in the way
given by the author. A copyright effect can be obtained indirectly by the
fact that an injury of this "use contract" leads to a relapse of all rights
to the licenser.
<end really rough translation>

That led me to another PDF...
http://www.lex-electronica.org/arti...-3/guibault.pdf

Where on page 16 of 33 it specifically mentions the case...

"... In Germany, it is generally accepted that the distribution right is
exhausted as soon as a computer program is put into circulation following
the terms of a licence and against the payment of a one-time fee, a position
that was confirmed by the Federal Supreme Court in the OEM-Version case ..."

Which, in turn led me to:

Microsoft OEM deals ruled out in court in Germany
http://www.cucug.org/sr/sr0007.html#NEWS.18

"... Microsoft just lost big time here in Germany. The highest federal court
decided, that Microsoft cannot forbid dealers to sell the "OEM version" of
Windows separately. Once again: This was the last instance in Germany, only
European courts could change this. "Unbundling" of SW and HW is now legal.

So the practice of Microsoft to sell Windows rather cheap when bundled with
a PC, but much, much more expensive when purchased alone, is past here. This
can mean a complete new, hopefully cheaper, price structure ..."


All pretty interesting stuff - from a licensing/law point of view.
Thanks for the information, DL. ;-)

--
Shenan Stanley
MS-MVP
--
How To Ask Questions The Smart Way
http://www.catb.org/~esr/faqs/smart-questions.html