OEM license

[qwerty]

Situation:

A laptop was bought with XP preinstalled but not activated, the EULA
was not accepted, the hard drive was erased, a different (superior)
operating system was installed, XP stickers were removed from the case.


Question:

Is it legal to use this license key on a different computer, if a
legally obtained install CD is present, but it was already installed
and the key it came with cannot be used to activate another computer?
Will it work with Pro edition, if original install was Home?

Thanks.

 

[Carey Frisch [MVP]]

No. A Preinstalled OEM version of Windows XP is
only valid on the computer it came preinstalled on
whether the EULA was accepted or not. It is considered
part of that computer and the license may not be transferred
to a different computer.

--
Carey Frisch
Microsoft MVP
Windows - Shell/User

Enjoy all the benefits of genuine Microsoft software:
http://www.microsoft.com/genuine/default.mspx

---------------------------------------------------------------------------­---------------------------------

:

| Situation:
|
| A laptop was bought with XP preinstalled but not activated, the EULA
| was not accepted, the hard drive was erased, a different (superior)
| operating system was installed, XP stickers were removed from the case.
|
|
| Question:
|
| Is it legal to use this license key on a different computer, if a
| legally obtained install CD is present, but it was already installed
| and the key it came with cannot be used to activate another computer?
| Will it work with Pro edition, if original install was Home?
|
| Thanks.

 

[Guest]

No it's not legal. The operating system lives and dies with the original
computer. the manufacturer has already activated it even if you didn't.

 

[Ken Blake, MVP]

Situation:

A laptop was bought with XP preinstalled but not activated, the EULA
was not accepted, the hard drive was erased, a different (superior)
operating system was installed, XP stickers were removed from the
case.


Question:

Is it legal to use this license key on a different computer,

No. OEM licenses are tied to the first computer they are installed on and
they can never legally be moved to another.

if a
legally obtained install CD is present, but it was already installed
and the key it came with cannot be used to activate another computer?
Will it work with Pro edition, if original install was Home?

Even if it were a Retail version you couldn't do that. Keys need to match
with respect to Professional vs Home, OEM vs Retail, and Full vs Upgrade.

 

[Irma Troll]

Situation:

A laptop was bought with XP preinstalled but not activated, the EULA
was not accepted, the hard drive was erased, a different (superior)
operating system was installed, XP stickers were removed from the case.


Question:

Is it legal to use this license key on a different computer, if a
legally obtained install CD is present, but it was already installed
and the key it came with cannot be used to activate another computer?
Will it work with Pro edition, if original install was Home?

Thanks.

Legal? WGaF - Microsoft deserve to be shafted for their distribution
policy. Just go ahead and use it.
Irma

 

[sed]

Well, if I were to use it myself, I may not have cared so deeply, but
since I prefer a different OS, this one would only be sold (since I've
got no friends that use it either, so only strangers would be
considered for transfer).

P.S. Friends don't let friends use Windows.

P.P.S. No offence.

 

[qwerty]

Well, if I were to use it myself, I may not have cared so deeply, but
since I prefer a different OS, this one would only be sold (since I've
got no friends that use it either, so only strangers would be
considered for transfer).

P.S. Friends don't let friends use Windows.

P.P.S. No offence.

 

[Marian Gutu]

You cannot sell OEM Software.Period. The OEM Licence is for sale only to System Builders, Resellers, and Hardware Purchasers. All OEM software must be bundled with hardware when distributed to end users and distribution of OEM software to other end users is a violation of the license agreement issued by the manufacturer. Purchasers of these versions must agree not to violate the terms of such distribution policies and to accept all liability for compliance with end-user restrictions.
--
Marian Gutu

MCP, MCSAs, MCSEs
Be nice, society already sucks!

May the Force be with you!
http://www.google.com

 

[--Alias--]

You cannot sell OEM Software.Period.
False.

The OEM Licence is for sale only
to System Builders, Resellers, and Hardware Purchasers.
False.

All OEM software
must be bundled with hardware
False.

when distributed to end users and
distribution of OEM software to other end users is a violation of the
license agreement issued by the manufacturer.
False.

Purchasers of these
versions must agree not to violate the terms of such distribution
policies and to accept all liability for compliance with end-user
restrictions.
--
Marian Gutu
False.

MCP, MCSAs, MCSEs
Be nice, society already sucks!

YOU be nice. Your erroneous advice already sucks! I can buy as many
legit generic OEMs without hardware that I want and if I so choose to
sell what I buy, that is nobody's business but mine and the purchaser.

Alias

 

[Marian Gutu]

False.

The original Microsoft OEM operating system software cannot be transferred
to another computer.

False.

The End User License Agreement (EULA) for OEM software, including Windows
XP, states that the software is licensed as a single integrated product in
connection with the hardware

YOU be nice. Your erroneous advice already sucks! I can buy as many legit
generic OEMs without hardware that I want and if I so choose to sell what
I buy, that is nobody's business but mine and the purchaser.

Alias

I guess you didn't read the EULA. I found it for you in plain english:
http://linuxadvocate.org/articles.php?p=1

 

[--Alias--]

The original Microsoft OEM operating system software cannot be transferred
to another computer.

Who said anything about transferring?

The End User License Agreement (EULA) for OEM software, including Windows
XP, states that the software is licensed as a single integrated product in
connection with the hardware

Where I live, the only XPs available at retails chains are generic OEMs
and can be purchased with no hardware. I have bought three. All three
have passed WPA and WGA/N with flying colors.

YOU be nice. Your erroneous advice already sucks! I can buy as many legit
generic OEMs without hardware that I want and if I so choose to sell what
I buy, that is nobody's business but mine and the purchaser.

Alias

I guess you didn't read the EULA. I found it for you in plain english [sic]:
http://linuxadvocate.org/articles.php?p=1

Nice dodge. My EULA says nothing about XP needing to be bought with
hardware. Once installed, yes, legally, it cannot be transferred but
that's not the subject at hand. The subject is if I buy a generic OEM XP
without hardware, am I free to see that CD or not. I say, yes, I am and
it will not breach the EULA, especially being as the EULA hasn't been
agreed to before the sale.

Alias

 

[Kerry Brown]

You cannot sell OEM Software.Period. The OEM Licence is for sale only
to System Builders, Resellers, and Hardware Purchasers. All OEM
software must be bundled with hardware when distributed to end users
and distribution of OEM software to other end users is a violation of
the license agreement issued by the manufacturer. Purchasers of these
versions must agree not to violate the terms of such distribution
policies and to accept all liability for compliance with end-user
restrictions.

This is out of date as of last August. The hardware requirement no longer
exists. OEM versions of XP can be sold in unopened packs (which include the
OEM SystemBuilder license on the outside of the pack) to other System
Builders. The other System Builder does not have to be registered with
Microsoft. All they have to do is claim to be a System Builder.

For Alias: This may be different in Spain

 

[Marian Gutu]

You have only the rights granted in the EULA. Even on the Moon, you have the
same rights and obligations.
--
Marian Gutu

MCP, MCSAs, MCSEs
Be nice, society already sucks!

May the Force be with you!
http://www.google.com

The original Microsoft OEM operating system software cannot be
transferred to another computer.

Who said anything about transferring?

The End User License Agreement (EULA) for OEM software, including Windows
XP, states that the software is licensed as a single integrated product
in connection with the hardware

Where I live, the only XPs available at retails chains are generic OEMs
and can be purchased with no hardware. I have bought three. All three have
passed WPA and WGA/N with flying colors.

when distributed to end users and distribution of OEM software to other
end users is a violation of the license agreement issued by the
manufacturer.
False.

Purchasers of these versions must agree not to violate the terms of
such distribution policies and to accept all liability for compliance
with end-user restrictions.
--
Marian Gutu
False.

MCP, MCSAs, MCSEs
Be nice, society already sucks!
YOU be nice. Your erroneous advice already sucks! I can buy as many
legit generic OEMs without hardware that I want and if I so choose to
sell what I buy, that is nobody's business but mine and the purchaser.

Alias

I guess you didn't read the EULA. I found it for you in plain english
[sic]:
http://linuxadvocate.org/articles.php?p=1

Nice dodge. My EULA says nothing about XP needing to be bought with
hardware. Once installed, yes, legally, it cannot be transferred but
that's not the subject at hand. The subject is if I buy a generic OEM XP
without hardware, am I free to see that CD or not. I say, yes, I am and it
will not breach the EULA, especially being as the EULA hasn't been agreed
to before the sale.

Alias

 

[--Alias--]

You have only the rights granted in the EULA. Even on the Moon, you have the
same rights and obligations.

I wrote, and I quote: "My EULA says nothing about XP needing to be
bought with hardware". Different countries, different EULAs and
different rights. Nobody has XP on the moon so no EULA has been written
for that place yet ;-)

Alias

 

[John]

The original Microsoft OEM operating system software cannot be transferred
to another computer.


The End User License Agreement (EULA) for OEM software, including Windows
XP, states that the software is licensed as a single integrated product in
connection with the hardware


I guess you didn't read the EULA. I found it for you in plain english:
http://linuxadvocate.org/articles.php?p=1

Prove it in court. To the op - sell that sucker if you can find one.

John

 

[Ian Merrithew]

You have only the rights granted in the EULA. Even on the Moon, you have
the same rights and obligations.

The OP *declined* the EULA and erased the install. I'd say its' provision
about no-transfer has thus never been triggered. It's an open question
whether that provision would survive against the First Sale Doctrine in a
court of law, especially in a case like this.

Not that this will sway you, since I get the impression you're a -- what
does Kurt call them? -- MicroBot, and will continue spouting the MS line
repeatedly despite any inconvenient facts.

 

[kurttrail]

You have only the rights granted in the EULA. Even on the Moon, you
have the same rights and obligations.

LOL! Since the EULA doesn't give you the right to breathe, then the
only right you'd have on the Moon, is the right to die, and fairly
quickly.

The EULA is NOT a law unto itself, and is not the end all and the be all
on what rights you, as a End User, have. That is one reason we have
courts, to settle disputes between contractual parties.

--
Peace!
Kurt Kirsch
Self-anointed Moderator
http://microscum.com
"It'll soon shake your Windows
And rattle your walls
For the times they are a-changin'."

 

[Michael Stevens]

The original Microsoft OEM operating system software cannot be
transferred to another computer.

Who said anything about transferring?

The End User License Agreement (EULA) for OEM software, including
Windows XP, states that the software is licensed as a single
integrated product in connection with the hardware

Where I live, the only XPs available at retails chains are generic
OEMs and can be purchased with no hardware. I have bought three. All
three have passed WPA and WGA/N with flying colors.

when distributed to end users and distribution of OEM software to
other end users is a violation of the license agreement issued by
the manufacturer.
False.

Purchasers of these versions must agree not to violate the terms
of such distribution policies and to accept all liability for
compliance with end-user restrictions.
--
Marian Gutu
False.

MCP, MCSAs, MCSEs
Be nice, society already sucks!
YOU be nice. Your erroneous advice already sucks! I can buy as many
legit generic OEMs without hardware that I want and if I so choose
to sell what I buy, that is nobody's business but mine and the
purchaser. Alias

I guess you didn't read the EULA. I found it for you in plain
english [sic]: http://linuxadvocate.org/articles.php?p=1

Nice dodge. My EULA says nothing about XP needing to be bought with
hardware. Once installed, yes, legally, it cannot be transferred but
that's not the subject at hand. The subject is if I buy a generic OEM
XP without hardware, am I free to see that CD or not. I say, yes, I
am and it will not breach the EULA, especially being as the EULA
hasn't been agreed to before the sale.

Alias

The OP is not the system builder, he is the end user of the pre-activated
OEM XP. It cannot be resold.

--
Michael Stevens MS-MVP XP
(e-mail address removed)
http://www.michaelstevenstech.com
For a better newsgroup experience. Setup a newsreader.
http://www.michaelstevenstech.com/outlookexpressnewreader.htm

 

[kurttrail]

Marian Gutu wrote:
You cannot sell OEM Software.Period.
False.

The original Microsoft OEM operating system software cannot be
transferred to another computer.

Who said anything about transferring?

The OEM Licence is for sale only to System Builders, Resellers,
and Hardware Purchasers.
False.

All OEM software must be bundled with hardware
False.

The End User License Agreement (EULA) for OEM software, including
Windows XP, states that the software is licensed as a single
integrated product in connection with the hardware

Where I live, the only XPs available at retails chains are generic
OEMs and can be purchased with no hardware. I have bought three. All
three have passed WPA and WGA/N with flying colors.

when distributed to end users and distribution of OEM software to
other end users is a violation of the license agreement issued by
the manufacturer.
False.

Purchasers of these versions must agree not to violate the terms
of such distribution policies and to accept all liability for
compliance with end-user restrictions.
--
Marian Gutu
False.

MCP, MCSAs, MCSEs
Be nice, society already sucks!
YOU be nice. Your erroneous advice already sucks! I can buy as many
legit generic OEMs without hardware that I want and if I so choose
to sell what I buy, that is nobody's business but mine and the
purchaser. Alias

I guess you didn't read the EULA. I found it for you in plain
english [sic]: http://linuxadvocate.org/articles.php?p=1

Nice dodge. My EULA says nothing about XP needing to be bought with
hardware. Once installed, yes, legally, it cannot be transferred but
that's not the subject at hand. The subject is if I buy a generic OEM
XP without hardware, am I free to see that CD or not. I say, yes, I
am and it will not breach the EULA, especially being as the EULA
hasn't been agreed to before the sale.

Alias

May the Force be with you!
http://www.google.com
"qwerty" <[email protected] <mailto:[email protected]>>
wrote in message
>
Well, if I were to use it myself, I may not have cared so deeply,
but > since I prefer a different OS, this one would only be sold
(since I've > got no friends that use it either, so only
strangers would be > considered for transfer). >
P.S. Friends don't let friends use Windows.

P.P.S. No offence.

Irma Troll wrote:
qwerty wrote:
Situation:

A laptop was bought with XP preinstalled but not activated,
the EULA
was not accepted, the hard drive was erased, a different
(superior) >> > operating system was installed, XP stickers were
removed from the case.


Question:

Is it legal to use this license key on a different computer,
if a >> > legally obtained install CD is present, but it was
already installed
and the key it came with cannot be used to activate another
computer?
Will it work with Pro edition, if original install was Home?

Thanks.

Legal? WGaF - Microsoft deserve to be shafted for their
distribution >> policy. Just go ahead and use it.
Irma

The OP is not the system builder, he is the end user of the
pre-activated OEM XP. It cannot be resold.

That might have been a EULA term that the OP didn't accept. Since the
OP rejected the EULA, I don't think the EULA's terms are applicable.

--
Peace!
Kurt Kirsch
Self-anointed Moderator
http://microscum.com
"It'll soon shake your Windows
And rattle your walls
For the times they are a-changin'."

 

[Frank]

This is out of date as of last August. The hardware requirement no longer
exists. OEM versions of XP can be sold in unopened packs (which include the
OEM SystemBuilder license on the outside of the pack) to other System
Builders. The other System Builder does not have to be registered with
Microsoft. All they have to do is claim to be a System Builder.

For Alias: This may be different in Spain

This may be different for Wal-Mart down the road in Florida.......