Interesting Licensing Question

  • Thread starter Thread starter DanS
  • Start date Start date
Larry said:
Because the upgraded OS becomes part of the XP license.

According to MicroHypothesis, which has yet to be proven to be an actual
fact.

--
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'."
 
In
DanS said:
Which by the way hasn't been covered, or I just missed it in the past
3 years.

We all know you can use an upgrade version of XP if you own a
previous OS like 98, and are only required to put the disc in to
verify, then XP will install.

Now, what is the status of that Windows98 disk ? Can it still be used
for a PC installation ?

Licensing wise No, it has been covered many times, but there is no physical
limitation.
When a qualifying Windows CD is used for validating a XP upgrade the
qualifying Windows is now combined into the license of the XP upgrade. The
qualifying Windows license is now retired and cannot be installed on another
computer and be in compliance with the qualifying Windows EULA. The lower
cost of the Windows upgrade is dependent on the retirement of the qualifying
Windows media.
--
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
 
jeffareid said:
Read the EULA, it doesn't distiguish between "install, use, access, display"
or "run", nor does it restrict the number of installations as written. "Copy"
isn't covered in this case, but maybe "access" and "display" cover this. How
do you "display" software, a hex dump of the code and data?

Note that since the lawsuit I referred to, Microsoft and the other 2
software vendors invovled have to make some of their EULA's available online.
The Eula from the home edition of XP, since that was the package that
triggered the lawsuit, is available, and I quote from the web site:

"You may install, use, access, display and run one copy of the Software on a
single computer, such as a workstation, terminal or other device
("Workstation Computer"). The Software may not be used by more than one
processor at any one time on any single Workstation Computer."

Note that the EULA only states that an end user may not use the software on
more than one processor at a time on any single workstation computer. I
wonder if this will be updated to allow usage by multi-core cpus. Some of
Intels "dual-core" cpu's are literally just two processors in the same chip.

Nothing in the EULA states that an end user "may not" install multiple
copies of the OS on the same system.

If the intent was to limit the number of installations, the EULA should have
read that the user "may only ..." instead of "may", which clearly have
different meanings. "May only" would be part of a restrictive clause, "may"
is part of an inclusive clause.

As I previously mentioned, it's not clearly worded: "The Software may not be
used by more than one processor at any one time on any single Workstation
Computer." Does this mean a user could install the software on multiple
machines as long as none of them are single workstations with multiple
processors? In this case copyright law covers this. You can only run one
instance at a time, but there's no limit to how many instances or machines
the software can be installed on, as long as only one instance is run at a
time.

Personally, I'm not affected as I have Windows XP Pro X64 and Windows XP Pro
SP2 (32-bit) installed on the same machine, each are full (non-upgrade)
copies. I use either OS to backup the other OS partition. However it's common
practice with some users to install mulitple copies of the same OS on the
same system for reliablity and backup purposes.

What the licensing question really boils down to is its
interpretation. To some, "installation" would also imply
the ability "to use" or be "functional". In this sense,
there can be "X" number of installations but only 1 of
all the installations is functioning which, be default,
fulfils the condition of 1 copy of the software that is
running [in the computer].

And also, the EULA permits Windows XP to be running on
computers with a maximum of 2 CPU's, or the dual-CPU units.
And recently, dual-core CPU's are considered as single
CPU's.
 
Back
Top