Is it okay to burn a copy of xp ?

H

Haggis

Carey Frisch said:
One cannot legally make a copy of their Windows XP
CD and give it to anyone as that would constitute a
form of software piracy. As i recommended earlier,
it would be best to have your friend order an authentic,
genuine, Windows XP CD replacement.

How to replace lost, broken, or missing Microsoft software or hardware
http://support.microsoft.com/kb/326246/en-us

so give a copy to your buddy and ask Carey to prove its NOT a copy of HIS
original CD
 
K

kurttrail

Hi... I will say it again , Its EXACT same version , I know the
difference , I just want to know whether i am doing anything wrong by
doing this for a buddy ? Thanks

For helping out a friend? Even if it were wrong, MS would never sue you
for it, as can you imagine the press they get over.

Sample headline:

Mole Sues Man Who Helped Friend

(Can anyone guess the publication that would run that headline?)

It would be a sad day in deed, when it would be wrong to help out a
buddy.

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com/mscommunity/index.php?showtopic=3
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"
 
N

Newbie

kurttrail wrote:
| (e-mail address removed) wrote:
|
|| Hi... I will say it again , Its EXACT same version , I know the
|| difference , I just want to know whether i am doing anything wrong by
|| doing this for a buddy ? Thanks
|
| For helping out a friend? Even if it were wrong, MS would never sue you
| for it, as can you imagine the press they get over.
|
| Sample headline:
|
| Mole Sues Man Who Helped Friend
|
| (Can anyone guess the publication that would run that headline?)
|
| It would be a sad day in deed, when it would be wrong to help out a
| buddy.

"Fair use" would cover such a thing here. As a matter of fact, it probably
would be thrown out before it made it to court.
 
L

Leythos

"Fair use" would cover such a thing here. As a matter of fact, it probably
would be thrown out before it made it to court.

Fair Use is for a BACKUP of your media, not a backup copy for your
buddy.
 
G

Ghostrider

Newbie said:
kurttrail wrote:
| (e-mail address removed) wrote:
|
|| Hi... I will say it again , Its EXACT same version , I know the
|| difference , I just want to know whether i am doing anything wrong by
|| doing this for a buddy ? Thanks
|
| For helping out a friend? Even if it were wrong, MS would never sue you
| for it, as can you imagine the press they get over.
|
| Sample headline:
|
| Mole Sues Man Who Helped Friend
|
| (Can anyone guess the publication that would run that headline?)
|
| It would be a sad day in deed, when it would be wrong to help out a
| buddy.

"Fair use" would cover such a thing here. As a matter of fact, it probably
would be thrown out before it made it to court.

What country? "Fair use" might be fine in Canada but this
doctrine does not exist in the US, for example.
 
G

Gordon

One cannot legally make a copy of their Windows XP
CD and give it to anyone as that would constitute a
form of software piracy.

And if the other party has a valid licence but no CD? Come off it Carey,
stop talking out of your backside. You know VERY WELL that the licence is
what is paid for, NOT the CD.
 
G

Gordon

Fair Use is for a BACKUP of your media, not a backup copy for your
buddy.

But the point is, when you purchase a copy of XP you pay for the
LICENCE, not the CD. As long as the third party has a valid licence, the
media that the OS is on, doesn't mean a thing.
 
L

Leythos

But the point is, when you purchase a copy of XP you pay for the
LICENCE, not the CD. As long as the third party has a valid licence, the
media that the OS is on, doesn't mean a thing.

The CD's that I've seen warn against duplication....
 
K

kurttrail

Ghostrider said:
What country? "Fair use" might be fine in Canada but this
doctrine does not exist in the US, for example.

Try Title 17 Chapter 1 Section 107. But this would not be a Fair Use in
Canada or the US.

What it is, is a grey area. Is it wrong? Morally, no. Legally? Who
knows?

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com/mscommunity/index.php?showtopic=3
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"
 
N

Newbie

Leythos wrote:
| In article <[email protected]>,
| (e-mail address removed) says...
|| On Mon, 20 Mar 2006 22:06:11 +0000, Leythos wrote:
||
||| In article <[email protected]>,
||| newbie@not_address.net says...
|||| "Fair use" would cover such a thing here. As a matter of fact, it
|||| probably would be thrown out before it made it to court.
|||
||| Fair Use is for a BACKUP of your media, not a backup copy for your
||| buddy.
||
|| But the point is, when you purchase a copy of XP you pay for the
|| LICENCE, not the CD. As long as the third party has a valid licence, the
|| media that the OS is on, doesn't mean a thing.
|
| The CD's that I've seen warn against duplication....

Yes, they (the CDs) say do not make illegal copies. But, knock on your
noggin, is what this guy wanting to do illegal? No. They are just doing what
they need to do in case there's something gone wrong. They are not running a
production of Windows XP CDs to pirate. They've bought and paid for their
copies and that's enough. They are making a backup/archival/emergency copy
for one of them. No reasonable court would bother. It's simply not an issue.
No one could care.
 
G

Guest

Hello, Well around these parts we burned three Windows XP disc, to appease
the Rain God. A Roman ceremony, rather arcane. A local native ceremony,
during this burning the disc was not completely destroyed due to rain. The
final ceremony a modern version of a Viking funeral, on a small log set on
fire and cast upon the ocean, while drinking homemade Mead and chanting.
None worked as we are now above the 150% average yearly level, 60" of rain
water with more to come.
It is always a good action to help a friend.

take care
beamish
 
L

Leythos

Leythos wrote:
| In article <[email protected]>,
| (e-mail address removed) says...
|| On Mon, 20 Mar 2006 22:06:11 +0000, Leythos wrote:
||
||| In article <[email protected]>,
||| newbie@not_address.net says...
|||| "Fair use" would cover such a thing here. As a matter of fact, it
|||| probably would be thrown out before it made it to court.
|||
||| Fair Use is for a BACKUP of your media, not a backup copy for your
||| buddy.
||
|| But the point is, when you purchase a copy of XP you pay for the
|| LICENCE, not the CD. As long as the third party has a valid licence, the
|| media that the OS is on, doesn't mean a thing.
|
| The CD's that I've seen warn against duplication....

Yes, they (the CDs) say do not make illegal copies. But, knock on your
noggin, is what this guy wanting to do illegal? No.

We don't actually know. While I find is legal/illegal and what I would
do are not always the same, but, since he already knows that he can
physically copy the CD, it's not really a question about actions, but
ethics.
They are just doing what
they need to do in case there's something gone wrong. They are not running a
production of Windows XP CDs to pirate. They've bought and paid for their
copies and that's enough. They are making a backup/archival/emergency copy
for one of them.

Wrong, the backup would be from the media the friend had, not from
another users copy. At least that's the way that Fair Use reads to me.
Sure, there's not any physical difference in some cases, but that
doesn't mean it's legal either.

No reasonable court would bother. It's simply not an issue.
No one could care.

You don't know that to be fact, as it's not been tested at this time.

So, it comes down to this:

1) You physically CAN make a copy of the XP CD.
2) A copy made for backup is permitted under Fair Use rules, of your own
media.
3) Fair Use, under #2, does not permit making a backup copy of another
persons media for backup.
4) Since the OP was already aware of #1, it's about ethics and nothing
more.
5) Since none of us really know how it would be ruled/decided in court,
we can only present the facts and present something that MAY get the
OP/friend into trouble at some point.
 
N

Newbie

Inline:

Leythos wrote:
| In article <[email protected]>,
| newbie@not_address.net says...
|| Leythos wrote:
||| In article <[email protected]>,
||| (e-mail address removed) says...
|||| On Mon, 20 Mar 2006 22:06:11 +0000, Leythos wrote:
||||
||||| In article <[email protected]>,
||||| newbie@not_address.net says...
|||||| "Fair use" would cover such a thing here. As a matter of fact, it
|||||| probably would be thrown out before it made it to court.
|||||
||||| Fair Use is for a BACKUP of your media, not a backup copy for your
||||| buddy.
||||
|||| But the point is, when you purchase a copy of XP you pay for the
|||| LICENCE, not the CD. As long as the third party has a valid licence,
|||| the media that the OS is on, doesn't mean a thing.
|||
||| The CD's that I've seen warn against duplication....
||
|| Yes, they (the CDs) say do not make illegal copies. But, knock on your
|| noggin, is what this guy wanting to do illegal? No.
|
| We don't actually know. While I find is legal/illegal and what I would
| do are not always the same, but, since he already knows that he can
| physically copy the CD, it's not really a question about actions, but
| ethics.


I just going by the original post, not making up stuff.


|| They are just doing what
|| they need to do in case there's something gone wrong. They are not
|| running a production of Windows XP CDs to pirate. They've bought and
|| paid for their copies and that's enough. They are making a
|| backup/archival/emergency copy for one of them.
|
| Wrong, the backup would be from the media the friend had, not from
| another users copy. At least that's the way that Fair Use reads to me.
| Sure, there's not any physical difference in some cases, but that
| doesn't mean it's legal either.
|


They run the same OS. The copy would be identical to some 'master' copy at
Microsoft. So that they use one CD-ROM instead of another is irrelevant. The
'buddy' is entitled to his backup copy.


|| No reasonable court would bother. It's simply not an issue.
|| No one could care.
|
| You don't know that to be fact, as it's not been tested at this time.


It's not worth testing.


| So, it comes down to this:
|
| 1) You physically CAN make a copy of the XP CD.
| 2) A copy made for backup is permitted under Fair Use rules, of your own
| media.
| 3) Fair Use, under #2, does not permit making a backup copy of another
| persons media for backup.


Really? The EULA does not specify which media one can or cannot use. It just
says that a copy can be made. Since they run the same version it doesn't
matter which CD-ROM they use as the backup will be identical (simply another
*copy*).


| 4) Since the OP was already aware of #1, it's about ethics and nothing
| more.


It's about nothing. It's utterly unimportant.


| 5) Since none of us really know how it would be ruled/decided in court,
| we can only present the facts and present something that MAY get the
| OP/friend into trouble at some point.


No one is trying to steal anybody's anything nor prempt profit. The buddy is
entitled to a backup copy of Windows XP. A reasonable court in its right
mind would not test such a case.

I'm off to the movies now Leythos (16 Blocks) .. have a nice one.
 
P

Peter Foldes

Well, everybody is entitled to their own opinion. Mine is that if my wife lost her only $100 bill should I make a perfect photocopy of mine and give it to her.
 
K

kurttrail

Peter said:
Well, everybody is entitled to their own opinion. Mine is that if my
wife lost her only $100 bill should I make a perfect photocopy of
mine and give it to her.

And next time your bank should sell you a license for your $100.

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com/mscommunity/index.php?showtopic=3
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"
 
J

Jonny

Hi .. Is it okay to burn a copy of windows xp and give it to my buddy ?
He has the same version but lost his disk , Is this okay to do ? Thanks

Have XP HE SP1 CD, generic OEM version. Here is a quote from the EULA which
everyone I've read so far including a so called "MVP" failed to provide
which serve as proof of their false and in some cases true but unsupported
statements:
"(1) BACK-UP COPY SOLELY FOR YOUR ARCHIVAL
PURPOSES AND TO REINSTALL THE SOFTWARE ON THE
COMPUTER. EXCEPT AS EXPRESSLY PROVIDED IN
THIS EULA OR BY LOCAL LAW, YOU MAY NOT
OTHERWISE MAKE COPIES OF THE SOFTWARE,
INCLUDING THE PRINTED MATERIALS ACCOMPANYING
THE SOFTWARE. YOU MAY NOT LOAN, RENT, LEASE,
LEND OR OTHERWISE TRANSFER THE CD OR BACK-UP
COPY TO ANOTHER USER."

Above is all caps courtesy of MS legal department. The file is listed as
eula.txt in the system32 subfolder within the windows folder. Help will
take you to it using "eula" for a search word. In former windows versions
was called license.txt
 
B

Bruce Chambers

Hi .. Is it okay to burn a copy of windows xp and give it to my buddy ?
He has the same version but lost his disk , Is this okay to do ? Thanks


As long as your friend still has his own Product Key, yes.


--

Bruce Chambers

Help us help you:



They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety. -Benjamin Franklin

Is life so dear or peace so sweet as to be purchased at the price of
chains and slavery? .... I know not what course others may take, but as
for me, give me liberty, or give me death! -Patrick Henry
 
M

Michael Stevens

Hi .. Is it okay to burn a copy of windows xp and give it to my buddy
? He has the same version but lost his disk , Is this okay to do ?
Thanks

Absolutely, as long as they have a valid PK for the EXACT same version of
the CD.
Less than absoutely would be the likelyhood of it working with a similiar;
bur not exact versin, but would still be okay to copy.


--
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
 
M

Michael Stevens

Alias said:
Carey just can't help himself.

Alias

What exactly was wrong with Carey's reply?
As you and I know someone saying the version is the same is not really
always true.
But Carey's answer was better than both of your non-answer put downs.
Why do you people chastise Carey for giving a correct answer as being wrong;
when it is really right but there are options he didn't spend a web page
chapter to elaborate by supplying a link to the almost always CORRECT web
page?
You people are biased and blinded by your bias.


--
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
 
A

Alias

Michael said:
What exactly was wrong with Carey's reply?
As you and I know someone saying the version is the same is not really
always true.

So, the OP is a liar and Carey is a saint?
But Carey's answer was better than both of your non-answer put downs.

His solution would take a lot longer than making a copy of a CD.
Why do you people chastise Carey for giving a correct answer as being wrong;
when it is really right but there are options he didn't spend a web page
chapter to elaborate by supplying a link to the almost always CORRECT web
page?
You people are biased and blinded by your bias.

He consistently sides with buying a retail version of XP when that isn't
necessary. He consistently lies and says that a computer with a generic
OEM version of Windows cannot be activated if one changes the motherboard.

Alias
 

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