Legality of software "handmedowns"

  • Thread starter Thread starter Dave
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Dave

I have a few questions about passing old Microsoft software - operating
systems, mostly - to friends/family:

1) My roommate will soon have her own computer. Can I legally install my
Windows XP disc on her machine as well as mine? Is it a "one copy per
household" policy, or does she have to shell out a ridiculous $200 too?

2) I'm thinking of buying Office 2003, and passing 2000 off to a friend.
When I am no longer using a Microsoft software product, and I wish to hand
it off to someone else, what must I/he/she do to "keep the product in legal"
use?

3) How does this all work? What do you do with old Microsoft software? Why
is this all so complicated??? LOL

Any answers are appreciated. Thanks!
 
Dave;
It is really simple.
If it is retail, it is normally limited to one computer as has been
for many years.
However some retail versions of Office allow installation on more than
one computer.
Retail can be easily transferred as long as it is removed from the
original computer.

OEM has always been one license, one computer.
Additionally OEM is normally permanently tied to the original computer
and can not be transferred to another computer regardless the
condition of the computer.

Read the EULA for details.
 
Dave said:
I have a few questions about passing old Microsoft software - operating
systems, mostly - to friends/family:

1) My roommate will soon have her own computer. Can I legally install my
Windows XP disc on her machine as well as mine? Is it a "one copy per
household" policy, or does she have to shell out a ridiculous $200 too?

No. One copy of Windows XP per computer. If your roomate has a qualifying
product, your roomate can install a upgrade version of Windows XP.
2) I'm thinking of buying Office 2003, and passing 2000 off to a friend.
When I am no longer using a Microsoft software product, and I wish to hand
it off to someone else, what must I/he/she do to "keep the product in legal"
use?

If you purchase a full retail edition of Office 2003, you can do as you
suggested. However, if you purchase an upgrade version of Office 2003, then
the qualifying product {and any prior qualifying products} are part of your
Office 2003 license and cannot be transfered to an other party unless you
also transfer Office 2003and all the other qualifying products.

3) How does this all work? What do you do with old Microsoft software? Why
is this all so complicated??? LOL


Not complicated at all. If you purchase a upgrade of any Microsoft
applications, then all prior versions in the chain of upgrades are part of
the license. If you purchase a Microsoft application with a mail-in
rebate, then the application that you use to obtain the rebate {and any
prior applications in the chain of rebates} are part of your license.

{SNIP}
 
what if I wanted to change my hard drive...I bought this cheap pc about six
monthes ago and it has OEM WinXP on it. I want to get one of those 7200 rpm
hard drives...can I take this hard drive out and put the new one in a and
use the oem cds to start the new drive? or is a new hard drive like a new
PC?
I appreciate your time
Jay
 
1. NO

2. Yes.

It's not complicated. Microsoft is trying to eliminate thievery!

--
Regards:

Richard Urban

aka Crusty (-: Old B@stard :-)
 
Jay said:
what if I wanted to change my hard drive...I bought this cheap pc
about six monthes ago and it has OEM WinXP on it. I want to get one
of those 7200 rpm hard drives...can I take this hard drive out and
put the new one in a and use the oem cds to start the new drive? or
is a new hard drive like a new PC?
I appreciate your time
Jay

Hard drives are no problem, but swaping out a MB would be questionable.
http://michaelstevenstech.com/oemeula.htm

--

Michael Stevens MS-MVP XP
(e-mail address removed)
http://michaelstevenstech.com
For a better newsgroup experience. Setup a newsreader.
http://michaelstevenstech.com/outlookexpressnewreader.htm
 
Michael Stevens said:
Then read the links I supplied carefully.

I did. Note, though, that I have yet to activate my XP and will be changing
mother boards before the 30 day requirement expires.

Alias
 
Greetings --

Dave said:
I have a few questions about passing old Microsoft software - operating
systems, mostly - to friends/family:

1) My roommate will soon have her own computer. Can I legally install my
Windows XP disc on her machine as well as mine? Is it a "one copy per
household" policy, or does she have to shell out a ridiculous $200 too?

Just as it says, right on the box, you'll need to purchase a
separate WinXP license for each computer on which you install it.

As it has *always* been with *all* Microsoft operating systems,
it's necessary (to be in compliance with both the EULA and U.S.
copyright law http://www4.law.cornell.edu/uscode/17/117.html), if not
technically) to purchase one WinXP license for each computer on which
it is installed. (Consult an attorney versed in copyright law to
determine final applicability in your locale.) The only way in which
WinXP licensing differs from that of earlier versions of Windows is
that Microsoft has finally added a copy protection and anti-theft
mechanism, Product Activation, to prevent (or at least make more
difficult) multiple installations using a single license.

You can buy additional licenses, assuming you have a retail
license. Naturally, Microsoft cannot sell additional OEM licenses. Be
aware, however, that you'll probably pay more this way than you would
if you were to buy a second copy of WinXP from a discount retailer;
Microsoft will only offer you a 15% discount off their MSRP.

Additional Licenses for Windows XP Home Edition
http://www.microsoft.com/windowsxp/home/howtobuy/addlic.asp

Additional Licenses for Windows XP Professional
http://www.microsoft.com/windowsxp/pro/howtobuy/addlic.asp

But there's nothing requiring your roommate to have the same OS on
her computer as you have on yours, so it becomes entirely a matter of
choice. If she doesn't want to "shell out a ridiculous $200," she
doesn't have to. She's free to use whatever other OS she wants, or
can afford. Linux, for example, is free.
2) I'm thinking of buying Office 2003, and passing 2000 off to a friend.
When I am no longer using a Microsoft software product, and I wish to hand
it off to someone else, what must I/he/she do to "keep the product in legal"
use?

Assuming the Office 2K license is a retail license, simply be sure
to include the installation CD, Product Key, Certificate of
Authenticity, and all other documentation in the "hand-off." Of
course, if the Office 2K license is an OEM license, you'll also have
to include to computer with which it was originally purchased. An OEM
license, once installed, is not legally transferable to another
computer under any circumstances. The only legitimate way to transfer
the ownership of an OEM license is to transfer ownership of the entire
PC on which it is installed.


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
 
Dave said:
1) My roommate will soon have her own computer. Can I legally install my
Windows XP disc on her machine as well as mine? Is it a "one copy per
household" policy, or does she have to shell out a ridiculous $200 too?

She doesn't have to "shell out" anything. However, if she want to use a
new OS it's common pratice for folks to actually purchase it.
 
Oh, my God, what an unbelievable pain in the ass! Pardon my French, but it's
ludicrous. I don't blame MSoft for "preventing thievery", but these extreme
measures to be taken just when you're swapping out hardware are ridiculous.

Alright, then. Who's the hotshot I would call whenever I decide to swap out
my memory, my motherboard, my hard drive, or even get permission to take a
poop? What's the number?
 
Dave said:
Oh, my God, what an unbelievable pain in the ass! Pardon my French, but it's
ludicrous. I don't blame MSoft for "preventing thievery", but these extreme
measures to be taken just when you're swapping out hardware are ridiculous.

Alright, then. Who's the hotshot I would call whenever I decide to swap out
my memory, my motherboard, my hard drive, or even get permission to take a
poop? What's the number?

If you change enough hardware, XP will tell you the number. Don't feel bad;
I bought an XP in English but I live in Spain. I have a feeling that my
number is in Australia or New Zealand, not a cheap call.

Alias
 
Alright. I believe I've actually called the number before. Is that the ONLY
time I have to worry about going through this garbage? Also my copy of
Windows XP is an fully registered OEM version. Does that mean when I buy a
new OS, I have to THROW this one AWAY???

You know, I'm a computer upgrade enthusiast. I upgrade my hardware all the
time. But I PAID for Windows XP. It's MINE. I shouldn't have to call a
number to get permission to upgrade my damn computer!!
 
Dave said:
Alright. I believe I've actually called the number before. Is that the ONLY
time I have to worry about going through this garbage? Also my copy of
Windows XP is an fully registered OEM version. Does that mean when I buy a
new OS, I have to THROW this one AWAY???

You know, I'm a computer upgrade enthusiast. I upgrade my hardware all the
time. But I PAID for Windows XP. It's MINE. I shouldn't have to call a
number to get permission to upgrade my damn computer!!

You paid for the priviledge of using it on one computer. The software is not
yours. You have bought a license to use it. I know, it sounds like a scam
but that's the way it is. If you wait 120 days between major upgrades, the
activation is automatic and online, btw, as your prior activation details
are wiped out of the database and your hardware starts all over again. So,
theorectically, you could install the one you have on one machine; wait 120
days, and install it on another.

Alias
 
You NEVER need to call for permission.
Activation takes seconds on the internet.
If you do upgrade enough times in the 120 days, a 5 minute call may be
necessary.
Also you do not own Windows.
You own a license to use Windows under terms you agreed...which
includes activation.
Read this for more on Activation:
http://aumha.org/win5/a/wpa.htm

Also since you chose OEM, you also chose the applicable EULA.
Normally OEM can never be transferred to another computer regardless
the condition of the original computer.
There are many other limitations of OEM which you also chose when you
chose to save money on OEM.

Read your EULA for details.
 

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