Do I have good title to this copy of XP?

  • Thread starter Thread starter Harry Ohrn
  • Start date Start date
H

Harry Ohrn

You are purchasing the hardware. The seller is obligated to remove all
software that he can't transfer to you. He can't transfer the software if he
doesn't have the installation disks to pass on to you.

This if a direct quote from the End User License Agreement for Windows XP:
"Transfer to Third Party. The initial user of the
Product may make a one-time transfer of the Product to
another end user. The transfer has to include all
component parts, media, printed materials, this EULA, and
if applicable, the Certificate of Authenticity. "
 
If a private individual sells me a machine with XP on it then do I
have good title to use that copy of XP?

The giver says he has lost the CD and manuals and that he has gone
over to using Mac. I tend to believe him.

I figure I can extract the XP key using one of the tools avilable
to do this.

But will it be legitimate ?
 
No. A proper and legal transfer involves the seller to
provide the Product Key, the original Windows XP CD,
and all the documentation that came with it originally.
This applies to all retail versions of Windows XP.
An "OEM version" of Windows XP cannot be transferred
to another user.

--
Carey Frisch
Microsoft MVP
Windows XP - Shell/User

Be Smart! Protect your PC!
http://www.microsoft.com/security/protect/

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


| If a private individual sells me a machine with XP on it then do I
| have good title to use that copy of XP?
|
| The giver says he has lost the CD and manuals and that he has gone
| over to using Mac. I tend to believe him.
|
| I figure I can extract the XP key using one of the tools avilable
| to do this.
|
| But will it be legitimate ?
 
Samm said:
If a private individual sells me a machine with XP on it then do I
have good title to use that copy of XP?

The giver says he has lost the CD and manuals and that he has gone
over to using Mac. I tend to believe him.
Click to expand...

People dont lose a $200 disk.
 
Unless the XP was pre-packaged with the machine, the original person does
not see the original price.
 
Carey Frisch said:
A proper and legal transfer involves the seller to
provide the Product Key, the original Windows XP CD,
and all the documentation that came with it originally.
This applies to all retail versions of Windows XP.
An "OEM version" of Windows XP cannot be transferred
to another user.
Click to expand...

And if I were to decide to pass on (sell or give) my new hp computer? It
comes with NO discernable product key, no CD's, just everything
pre-installed, and the authenticity certificate applied directly to the
computer housing. Are you saying that such a system is not transferable
in toto as received?

- Herb
 
Harry Ohrn said:
You are purchasing the hardware. The seller is obligated to
remove all software that he can't transfer to you. He can't
transfer the software if he doesn't have the installation
disks to pass on to you.

This if a direct quote from the End User License Agreement for
Windows XP: "Transfer to Third Party. The initial user of the
Product may make a one-time transfer of the Product to
another end user. The transfer has to include all
component parts, media, printed materials, this EULA, and
if applicable, the Certificate of Authenticity. "
Click to expand...


What if some of those items (like the printed guide or the CD) no
longer exist?
 
Herb,
Take any thing Carey Frisch posts with a grain of salt.
He tends to be a source of a great deal of mis-information.
I have him kill filtered due to the massive amount of incredibly bad answers
he gives.
There are several other MVP's here who are for more capable of answering any
licensing questions.
 
Actually Herb the software is technically licensed to the computer. If ou
sell the computer you also sell the OEM license. It beomes the property of
the new owner. As far as the product key goes, and I may be wrong about this
but I don't think so, even OEM disks come with a Product Key. I know this is
the case with HP, Dell, Compaq so I would assume it is true of all PC's and
OEM's.
 
Well usually. Compaq has it printed on the back of the XP book in the box.
Dell has a sticker on the let side of the computer.
HP I think till puts it on the back of the computer.

On OEM computers the product key is affixed to the case somewhere.
 
Carey Frisch said:
An "OEM version" of Windows XP cannot be transferred
to another user.
Click to expand...

An OEM version of WinXP is tied to the computer it is installed in not to
the user. If the computer is transferred, the OEM version of WinXP
necessarily follows it.
 
If you sell the computer, then the OS and everything it came with goes
with it as long as you give them the CDs, If not then you are
obligated to wipe the drive clean !! And/or remove any software that
you are not including the original install CD's for. As far as HP,
Dell, Compaq, ect. not including any CDs DON'T let then get away with
it SCREAM bloody murder. Call them up and DEMAND that they send you a
stand alone MS XP install disk, and a stand alone Install disk for all
other included software, and a stand alone disk with all drivers to go
along with the OS disk. A set of Emergency recovery disks should also
be included, BUT DO NOT let this negate the inclusion of stand alone
install disks for the OS and other included software. DEMAND that they
send it to you NEXT DAY AIR at their expense. They ought to give you
several hundred extra dollars as a penalty for risking your software
and your ability to recover from disaster. If your hard drive goes bad
after the warranty runs out, or a virus wipes your system, you will be
unable to re-install any thing, and you will have to pay hundreds of
dollars to buy copies of the OS and software. NEVER purchase a PC that
does not have everything you need to re-install some or all of the
products it comes with on included CD's. Having an image of them on
the Hard Drive and making you make the CDs is not acceptable, and you
must not let them intimidate you into accepting that as an alternative
to getting REAL CDs. If they are unco-operative, report them to the
better business bureau, and to Microsoft for selling pirate ware (if
it does not include the Original Holographic MS CD than you have a
right to assume it is pirate ware), and get your local Action News, or
Newspaper people involved. Sue them if you have to, I am sure that
there is a lawyer out there some where who would love to create a
class action law suite to put an end to this disgusting greedy habit
of PC makers not including the proper CDs. DO NOT LET THEM GET AWAY
WITH IT. I know I don't. Every time I get a customer who did not get
their CDs included I call the respective company and RAISE stink. You
should do the same !!!!

Good Luck,

Steve Dallas
 
That's not even a little bit true. The systems mentioned, as well as most
other machines, include OEM disks. In the case of HP it is stored on a
partition and te user can CREATE the OEM disk. There are two reason's for
this that I am aware of. 1 is price (OEM disks are cheaper for the
manufacturer and as such the systems are cheaper for you) and 2 it is
ultimately easier for the novice user to restore their system to factory
original with OEM disks than having the need to install all the included
software separately. I can't say I've ever tried to call and DEMAND a retail
version but I wouldn't imagine it would get you anywhere. If your system
gets wiped out you are not "unable to re-install anything" you can most
certainly install it with the CD's that are included. In the case of HP you
can request OEM disks and they send them there's no need to DEMAND anything.
 
Whenever a licensing question occurs, simply read the Windows XP
End-User License Agreement:

Go to Start > Run and type in: WINVER , and hit enter.

Then click on "End-User License Agreement".

--
Carey Frisch
Microsoft MVP
Windows XP - Shell/User

Be Smart! Protect your PC!
http://www.microsoft.com/security/protect/

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

| And if I were to decide to pass on (sell or give) my new hp computer? It
| comes with NO discernable product key, no CD's, just everything
| pre-installed, and the authenticity certificate applied directly to the
| computer housing. Are you saying that such a system is not transferable
| in toto as received?
|
| - Herb
 

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