Install illegal copy for customer - Legal?

[scarletbananabeach]

Hi,
If a customer brings in his computer into a computer shop and asks the
technician to reformat is computer and install a copied version of
Windows (which the customer provides), is it legal for the technician
to do so?

John

 

[David Candy]

How do you know it is illegal? A copied CD is not evidence that it is pirated. It's all about the key. My XP was burnt at home and downloaded from MS.

 

[David Candy]

And you should speak to a lawyer.

 

[Richard Urban]

I wouldn't!

--
Regards,

Richard Urban
Microsoft MVP Windows Shell/User

Quote from George Ankner:
If you knew as much as you think you know,
You would realize that you don't know what you thought you knew!

 

[Asher_N]

While it may be a duplicated disk from a legal copy, I would ask for the
original media AND the COA.

(e-mail address removed) wrote in @g14g2000cwa.googlegroups.com:

 

[Leythos]

Hi,
If a customer brings in his computer into a computer shop and asks the
technician to reformat is computer and install a copied version of
Windows (which the customer provides), is it legal for the technician
to do so?

I only install from Windows Media or a vendors Media, never from a
unbranded CD/Disk.

 

[BEM]

Isnt there some kind of reward for turning people in when they pirate
software?

Anyway, there are lots of legit reasons some one could use a burnt CD
for microsoft software. For instance I have serveral MS OSes on Burnt
CDs. I use them for lots of stuff and I have bulk licenses for them. If
I have a user that needs Microsoft Office Pro on their home machine I
burn them a CD. We have the licenses available for windows to do the
same. Although I think I would not provide that cd to a home user and
if I did I would want them to bring the machine to my shop.

However he is the best part, If you install the software and it is
illegal you could get in trouble. So I would ask them. Hell Maybe even
put on your service contract that the user claims the software was
legit and you are installing it for them honoring their claim that the
software is purchased.

Licensing from microsoft is so bad that if a user on my network
installs pirated software on a computer i manage with out my consent or
knowledge I could be held responsible.

 

[BEM]

lawyers dont know shit about this kinda thing unless you are gonna
higher a patent attorney or a intelectual property lawyer.
But suggesting some one pay a minimum $600 to $1000 in legal fees to
find out weather or not they can install one piece of software on one
computer is silly.
Hell a lawyer would charge you $500 just to read the EULA for XP.

Again honestly the best thing to do is ask the customer to prove its
legit and get it in writing that they own the software and have them
sign it.

 

[John Barnett MVP]

Personally, without a 'genuine Microsoft copy' of the software, i would be
reluctant to install anything. Yes there may be a perfectly normal reason
why you have been supplied with a 'copy' by the customer. The usual reason
being 'to protect the original from damage'. Okay, fine can you bring me the
original copy? If the answer is No, then your answer should be to decline
his/her business.
You don't need to be a rocket scientist to reformat the drive and re-install
XP. And, if the 'customer' is clever enough he/she only has to search these
newsgroups for instructions on how to do both. Even my own website will give
him/her step by step instruction on how to do these tasks. If it is an
illegal copy with an illegal key the product will not activate. The customer
is slightly annoyed because you have refrained from following his
instructions, but you sleep easier in your bed knowing you haven't
proliferated a pirated version of Windows XP. In the end it's all down to
ethics. The shop either wants the business regardless of whether the copy
could be pirated or it doesn't. there are no in-betweens.

--
John Barnett MVP
Associate Expert
http://xphelpandsupport.mvps.org

The information in this post is supplied "as is". No warranty of any kind,
either expressed or implied, is made in relation to the accuracy,
reliability or content of this post. The Author shall not be liable for any
direct, indirect, incidental or consequential damages arising out of the use
of, or inability to use, information or opinions expressed in this post..

 

[Guest]

Very simply, you are being paid to install a program onto a computer. You are
not being paid to be a Law Enforcement Agent and unless you are governed to
be an agent of the Software companies who write the software that you may
install, it is not YOUR battle. As far as being a concerned tech, there is No
law in inquiring whether the copy of the software is legal or illegal. If the
customer says it is Legal, you have to act upon the given info.
-- I use to sell recording tape and for years ASCAP and BMI and the
Performers guild tried to collect tax on blank tape or outlaw the sale of it,
because of fears of copyright infringements. I do not promote or encourage
and if anything I try to discourage people from downloading music off of the
internet and I tell them to go buy the CD. Do I enforce it? No! I don't get
paid to. I do not like to see music stolen from an artist but that is why
they are making it more difficult to copy etc. MS has some great safeguards
in place. I personnally do not want to see a Police state or a Hitler Regime
where everyone is turning in everyone else. We just need to try and
discourage it thru common sense.
I Have forgotten so much of what I once knew.
"A Stranger is a Friend you haven''t met yet."

 

[Asher_N]

You're right, I'm not paid to be a Law Enforcement Officer. Now we can
debate about severity and the grand scheme of things, but installing
illegal software is a violation of Copyright and the EULA, and is theft.
I will not be a party to it. Would I report the person to MS? No. But I
would not load the software unless the customer can provide both the
original media and the COA.

 

[Guest]

My err, I thought I posted a response to scarlett and not you.
No one suggested you had to be a party to anything, people are able to make
choices in this country, if YOU make the wrong one, you are the one who lives
with the results. Personnally, I am not an employee of MS or any other
Software Company, as much as I do NOT respect anyone who pirates someone
else's material, If I am told it is legal and I have what is needed to
install, I install. Period. I am not going to become a Software Cop for the
software companies who want to protect their Material. I agree with them 100%
and that is why we have newer Technology all of the time, as well as many
thanks to NASA and the Military.
I would ask the customer point blank, if the software is a legal copy, If I
am told Yes! I would continue to install it and I would put their INFO in for
the COA, so once again I am being paid to INSTALL and not ENFORCE. I sleep
very well.

 

[David Candy]

Not unless there is thousands of dollars in revenue lost. Read the fine print. They wouldn't even investigate an individual.

 

[David Candy]

I know as I have reported companies to MS and BSAA. They took no action as it was only a few thousands dollars of software.

 

[bumtracks]

I certainly have experienced many instances of when someone instantly is
untrusting of me...a big flag pops up and I need to put on my serious
thinking cap because they've just given me reasons not to not trust them at
all. Perhaps the customer already sensed this of you... Maybe that's
why the customer doesn't trust you with the original.

 

[kurttrail]

You're right, I'm not paid to be a Law Enforcement Officer. Now we can
debate about severity and the grand scheme of things, but installing
illegal software is a violation of Copyright and the EULA, and is
theft. I will not be a party to it. Would I report the person to MS?
No. But I would not load the software unless the customer can provide
both the original media and the COA.

Bullsh*t.

One, copyright law is about the illegal distribution of copyrighted
material, not the installation.

Two, the technician hasn't knowingly broken ANY EULA provision. For all
he/she knows it is installed on one computer.

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com/mscommunity
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"

 

[kurttrail]

Hi,
If a customer brings in his computer into a computer shop and asks the
technician to reformat is computer and install a copied version of
Windows (which the customer provides), is it legal for the technician
to do so?

It could be a slipstreamed version of a Legit CD. Unless it says
pirated version on the CD, or you are being asked to install it with the
same Product Key on multiple computers, or you have knowledge that the
same PK is on at least one other computer, then you have no problems.

Under MS's theory of "Licensing," the license isn't part of the CD, but
is a part of the Product Key. Many small independent System Builders
use the same customized install CD to install on all the computers that
they build, but just use a different PK's for each computer.

Basically, as long you don't have a good reason to suspect that the
Product Key is a pirated Key, then you really don't need to worry about
any Midnight raids on your place of business because of the CD that was
used.

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com/mscommunity
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"

 

[Bruce Chambers]

Hi,
If a customer brings in his computer into a computer shop and asks the
technician to reformat is computer and install a copied version of
Windows (which the customer provides), is it legal for the technician
to do so?

John

A specific answer would depend upon the laws in your specific location.
Most likely not, although the technician could try the Nuremburg
defense. It would certainly be unethical, and I wouldn't do it.


--

Bruce Chambers

Help us help you:



You can have peace. Or you can have freedom. Don't ever count on having
both at once. - RAH

 

[Greg Ro]

You're right, I'm not paid to be a Law Enforcement Officer. Now we can
debate about severity and the grand scheme of things, but installing
illegal software is a violation of Copyright and the EULA, and is theft.
I will not be a party to it. Would I report the person to MS? No. But I
would not load the software unless the customer can provide both the
original media and the COA.

What if the orginal cd was broken? But he still coa and the key?
I would install it.

Greg Ro

 

[kurttrail]

A specific answer would depend upon the laws in your specific
location. Most likely not, although the technician could try the
Nuremburg defense. It would certainly be unethical, and I wouldn't
do it.

The license is the PK, not the CD, and there is NOTHING wrong with using
the same CD to install on multiple computers as long as the PK hasn't
been used on multiple computers.

OEMs use the same image all the time to install multiple computers.
Corporate IT departments do so also. Are all these corporations
unethical? Probably, but not for this practice.

Nothing unethical for someone who only got an restore image to get use a
generic OEM CD with the PK that come with their computer. Nothing
unethical for a tech to install Windows with any CD that would work with
any valid PK, and it would only be unethical if the tech had KNOWLEDGE
that PK had been used to install on multiple computers. If the customer
lied to the tech, the tech would be a victim of a fraud, and it would be
the customer that would still be the alleged violator of the EULA.

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com/mscommunity
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"