Legal Installation of XP versus "Hard Disk Loading

[ThinkPad Fan]

I am hoping to get some help about legalities of installing XP on a
machine I buy then sell. If I buy a machine made by Dell (for example)
that has an XP COA on it but a hard drive that has been wiped or
contains the original users information, can I reinstall XP then sell
that machine as having XP installed as a convenience to a customer?

 

[Larry Samuels]

Not unless you order a set of recovery disks from Dell.
It is illegal to sell a pc with windows installed without including a method
of recovery.

PS--making a copy of your OS disk DOES NOT qualify. Original media only.

--
Customers in the U.S. and Canada can receive technical support from
Microsoft Product Support Services at 1-866-PCSAFETY. There is no charge for
support calls that are associated with security updates
Larry Samuels Associate Expert
MS-MVP (2001-2005)
Unofficial FAQ for Windows Server 2003 at
http://pelos.us/SERVER.htm
Expert Zone-

 

[ThinkPad Fan]

I don't understand this reply. I am typing this on a ThinkPad T42p
purchased retail from IBM. It came to me without any disks from IBM. It
does have a partition on the hard drive to recover the XP
installation. However, I have had the system crash and the recovery
partition does not work. I had to buy a recovery disk set from IBM.
Therefore IBM sold me a laptop without a method of recovery.
Presumably, IBM is not violating MS policy? How does it work for them,
but not for me?

 

[Jupiter Jones [MVP]]

The Recovery Partition was the recovery method.
The fact that the crash damaged the partition is a separate issue and not
really relevant.
That is one reason why consumers should demand CDs.
As long as the OEM sell and people buy computers without media, the OEMs
will continue to save $ sometimes at the customers expense.

If this is unacceptable to you, purchase your next computer locally or from
a seller willing to provide the necessary media.
Then send a letter (paper) to IBM and explain why you bought from a
competitor.

 

[Kerry Brown]

As you now have the recovery set you can include it with the sale and the
license will be transferred. The original hard drive had the recovery option
so the license was valid. When it crashed you needed the recovery disks to
validate the license. If you don't like this don't buy IBM. Be sure to let
them know why you are not buying their computers. For what it's worth I
agree with you that this sucks but it is the way things work. Your only
option is to not support companies that choose this option of distributing
Windows with their computers.

 

[ThinkPad Fan]

Thanks for all the explanations. I think I understand now. So to test
my knowledge, If I figure out how to create a recovery partition with
the OS in it like IBM does am I OK? If not, why not?

 

[Larry Samuels]

No--because the companies doing this or using customized recovery disks are
licensed to do so by MS.

All others must include original media with the sale.

--
Customers in the U.S. and Canada can receive technical support from
Microsoft Product Support Services at 1-866-PCSAFETY. There is no charge for
support calls that are associated with security updates
Larry Samuels Associate Expert
MS-MVP (2001-2005)
Unofficial FAQ for Windows Server 2003 at
http://pelos.us/SERVER.htm
Expert Zone-

 

[Kerry Brown]

In an earlier post you said IBM had sent you the recovery disk set. It goes
with the laptop as part of the license. If you have the recovery disk set
you don't need the recovery partition. This is a common scenario when a hard
drive crashes. I don't understand what is so complicated unless for some
reason you want to keep the recovery CD's. They probably won't work on
anything else so I don't know why you'd want them.

 

[Larry Samuels]

Hi Kerry,
I think you are misunderstanding the question.
The poster asked about selling another system, not his laptop. The laptop
came into the equation when the requirement of including original media came
up. He was wondering why he had to include original media when IBM/Lenovo
did not do so.

--
Customers in the U.S. and Canada can receive technical support from
Microsoft Product Support Services at 1-866-PCSAFETY. There is no charge for
support calls that are associated with security updates
Larry Samuels Associate Expert
MS-MVP (2001-2005)
Unofficial FAQ for Windows Server 2003 at
http://pelos.us/SERVER.htm
Expert Zone-

 

[Kerry Brown]

You're right. I didn't go back far enough in the thread. I thought he was
selling the IBM.

 

[ThinkPad Fan]

Thanks for all the explanations. Can anyone get licensed by MS to
create recovery partitions on disks or do you have to be an
organization like IBM/Lenovo. If the answer is yes, is there a link you
could refer me to?

 

[Kerry Brown]

Thanks for all the explanations. Can anyone get licensed by MS to
create recovery partitions on disks or do you have to be an
organization like IBM/Lenovo. If the answer is yes, is there a link
you could refer me to?

I'm not sure. I've received conflicting answers when I've asked Microsoft
licensing reps about this. For sure you have to be an OEM System Builder.
Other than that requirement I don't know. You can find out about becoming an
OEM System Builder here.

http://www.microsoft.com/oem/default.mspx

 

[Larry Samuels]

Any OEM system builder can, but it's not worth the hassle. You have to buy
your licenses in bulk lots, and you have to have your motherboards
"tattooed" to use BIOS locking.

PS:As a small OEM the greatest value I can offer my customers is fully
customized systems. The catch 22 with that is the fact I am specifically
forbidden by my licensing agreement from creating recovery disks (even if
the customer requests it) unless I have a SLP agreement. All systems must be
sold with original OEM or Retail box media--including used systems that are
traded in.


--
Customers in the U.S. and Canada can receive technical support from
Microsoft Product Support Services at 1-866-PCSAFETY. There is no charge for
support calls that are associated with security updates
Larry Samuels Associate Expert
MS-MVP (2001-2005)
Unofficial FAQ for Windows Server 2003 at
http://pelos.us/SERVER.htm
Expert Zone-

 

[Kerry Brown]

Any OEM system builder can, but it's not worth the hassle. You have
to buy your licenses in bulk lots, and you have to have your
motherboards "tattooed" to use BIOS locking.

PS:As a small OEM the greatest value I can offer my customers is fully
customized systems. The catch 22 with that is the fact I am
specifically forbidden by my licensing agreement from creating
recovery disks (even if the customer requests it) unless I have a SLP
agreement. All systems must be sold with original OEM or Retail box
media--including used systems that are traded in.

I sometimes include a recovery option with Ghost or Acronis True Image and a
hidden partition for customers. It could also be done to CD or DVD if they
wished but it may be harder to automate the process for them. It's a great
value add for very little cost (< $100.00) to the customer. They also have
the option of updating the recovery image when they add new software or
hardware. I don't see any reason that creating recovery disks with 3rd party
software is against the OEM licence as long as the customer has a license
for the 3rd party software as well. Of course they also get the OEM Windows
CD so the Windows license is covered.

 

[ThinkPad Fan]

Thank you for all the great insight and help. I now know were I stand
so as not to get in trouble, and some good options for helping my
customers.

 

[Larry Samuels]

You're welcome!

--
Customers in the U.S. and Canada can receive technical support from
Microsoft Product Support Services at 1-866-PCSAFETY. There is no charge for
support calls that are associated with security updates
Larry Samuels Associate Expert
MS-MVP (2001-2005)
Unofficial FAQ for Windows Server 2003 at
http://pelos.us/SERVER.htm
Expert Zone-