Concerns about the re-installation of OEM-licensed Windows XP Home software

[Justin Brown - SYNACS]

This question is geared towards MS MVPs, in the field techs, and others
involved in Microsoft OEM licenses who have some perspective to add.

I am working to establish best practices for my on-site service
offering. To this end, I have a particular practice that I want to
either validate or change out for something more appropriate.

When responding to failed hard drive service calls, I will bring with
me a copper hologram Windows XP Home Edition cd that came with the OEM
license for one of my office computers. The reason I bring this
particular media is this: One out of three times the enduser will tell
me that they don't have the original CDs and documentation from their
Dell or HP or Sony or Toshiba computer. They threw them away because
they thought they didn't need them. When I look at the chassis, I see a
Certificate of Authenticity sticker with the features I expect, in
either the blue or the blue/green with keyboard Microsoft hologram
design. In this case, the media I've brought allows me to install
Windows XP with Service Pack 2 onto their replacement hard drive, use
the installation key on their computer's COA sticker, and whip their PC
into working shape on site for less than the price of a new machine
(typically about $200 including hardware).

It's unlikely that the media I've brought matches what the user tossed,
and so I've considered ordering manufacturer replacement media for
Vaios and Dimensions and Presarios and Tecras, as they are available.
The problem is I have not determined that this would sufficiently cover
the breadth of models that I service.

Still, I would like that if the customer tossed their installation
media, they then have to purchase the replacement media from me, if
they want to be serviced. Otherwise they have their Windows with no
media, which they obviously don't care about but I do.

Is anybody else in this situation? Does Microsoft offer guidance for
service providers who replace failed hard drives in the field? I do not
want to put my customers at any risk with regard to activating, WGA
validation, or future upgrades to Vista, so I humbly request input from
the forum.

Thanks in advance,

Justin Brown, Owner & Support Specialist
Synergy Assured Computer Service
8 Harris Court, Ste C-6
Monterey, CA 93940 USA
http://synacs.com
(e-mail address removed)

 

[Malke]

Justin Brown - SYNACS wrote:

(snip very long post)

Still, I would like that if the customer tossed their installation
media, they then have to purchase the replacement media from me, if
they want to be serviced. Otherwise they have their Windows with no
media, which they obviously don't care about but I do.

Nope, no way. OEM-specific software isn't yours to sell. It belongs to
Dell or HP, or whoever. If the customer wants to own an XP install
disk, you can sell them a retail version or a generic OEM version with
a piece of hardware. If they have an HP or a Sony or whatever, the
customer should call HP or Sony to get a restore disk. I wouldn't do
what you are proposing and no one I know in the business would, either.
But this is just my opinion - IANAL.

Most of us in the business have lots of restore disks, various OEM
installs, retail full and upgrade copies, etc. which we've collected
over the years. When you set up a new machine for someone, copy the cd.

Malke

 

[Kerry Brown]

This question is geared towards MS MVPs, in the field techs, and
others involved in Microsoft OEM licenses who have some perspective
to add.

As Malke said most technicians have an arsenal of installation media they
use, matching the appropriate media to the customer's COA. I also have a
problem with your plan to sell this media to the customer. This is not
allowed by any of the EULA's in any versions of Windows.

I have never heard of an official interpretation of the legality of using
your media with a customer's COA but personally I believe this is within the
customer's rights as long as you are sure they have a legitimate license and
COA. Note this practice will mean that you will always have to phone for
activation with most OEM's COAs. This does not mean that you can distribute
copies of the media.

 

[Justin Brown - SYNACS]

Thanks for your input, Malke.

Here's an example of what I would resell in this situation:

http://servicesales.sel.sony.com/we...ategoryName=Recovery CD&categoryName=Computer

Take a look at that link, and let me know what you think. I don't think
there's a problem with reselling that item, is there? The only problem
is having that data available in the field. You just can't.

 

[loucypher]

Hi Justin
I have been doing the same as you for the last couple of years, i carry
an OEM and a retail CD, and use the clients product key. never had a
problem with installation,or Activation (Internet,or telephone).
The way i see it, is that the customer paid for a licence (which
belongs to the machine), Microsoft really do not need to be paid
again.The customers already have enough problems, in a lot of case's
losing the Hard drive, & data.

I do not give the customer a copy of my CD.
If the customer has not got a valid product key, they have to buy an
OEM disk off me.

I sleep well at night knowing that i have not robbed either Microsoft,
or the customer, and so do thousands of other techs ( Thousands of
other tech's probably wouldn't, but thats there problem!)

I have yet to hear of anyone being sued by Microsoft for doing this.

 

[Justin Brown - SYNACS]

Thanks, Kerry (see response inline)

As Malke said most technicians have an arsenal of installation media they
use, matching the appropriate media to the customer's COA. I also have a
problem with your plan to sell this media to the customer. This is not
allowed by any of the EULA's in any versions of Windows.

Using the link above as an example, if I buy Sony media for their
system, on their behalf, can't I say (for example) 'you have to buy
this and marry it to your computer' or is there something wrong with
that? I guess I don't see the connect between licensing terms (which
are written prior to the purchase) and practical usage which in certain
cases falls outside of what a licensor may have had in mind.

I have never heard of an official interpretation of the legality of using
your media with a customer's COA but personally I believe this is within the
customer's rights as long as you are sure they have a legitimate license and
COA. Note this practice will mean that you will always have to phone for
activation with most OEM's COAs. This does not mean that you can distribute
copies of the media.

Thanks again. It's refreshing to hear this topic brought to light by
other professionals.

Cheers,
J

 

[Justin Brown - SYNACS]

(responses inline)

Hi Justin
I have been doing the same as you for the last couple of years, i carry
an OEM and a retail CD, and use the clients product key. never had a
problem with installation,or Activation (Internet,or telephone).
The way i see it, is that the customer paid for a licence (which
belongs to the machine), Microsoft really do not need to be paid
again.The customers already have enough problems, in a lot of case's
losing the Hard drive, & data.

You're exactly right, Lou. A customer should buy a new computer to gain
performance and usability, not because it was cheaper than replacing a
failed HDD.

HDDs, for some perspective, are often *the* cheapest component in a
computer..

I do not give the customer a copy of my CD.
If the customer has not got a valid product key, they have to buy an
OEM disk off me.

I've done this on several occasions, but because the new OEM SB license
requires a complete system, I am compelled not to do it anymore. I
don't worry about being sued but I also have terms of service that I
hope my clientele will adhere to. So there's a karma factor for me.

The other side of the coin is, people are going to spend the money one
way or another. If Microsoft's WGA campaign is a success (and I believe
it is) then you will see people agreeing that a new computer system is
their best available option. Even in the lower class, in poverty, I can
only think of a handful of people that can not save enough to purchase
a new or newish computer.

I'm calling you Lou and I feel like I should be calling you Luke. Ha.

Take care.

 

[Kerry Brown]

I see no problem with you giving the customer the original recovery media
and charging them for it. I see a big problem if you make copies of the
original recovery media and give it or sell it to them. It wasn't clear in
your original post if you would be distributing the original media or
copies.

 

[Justin Brown - SYNACS]

I think my original post gives a lot of my own attitude and approach
away, but to be explicit no I would not sell a copy of the media burned
by me. I would resell media that I ordered on per job basis, for the
customer's specific machine from the manufacturer, as I did this week
with a < 1 yr old VAIO. It delayed my response time significantly, and
I suppose that's part of treading these repair service waters.

 

[Justin Brown - SYNACS]

Most of us in the business have lots of restore disks, various OEM
installs, retail full and upgrade copies, etc. which we've collected
over the years. When you set up a new machine for someone, copy the cd.

Just to address your point here, copying the CD is a good idea. I don't
do it though. I copy the I386 folder onto their C: drive. Takes a good
450MB away but when the customer calls asking for that disk, decent
chance they've got what they need in that folder.