Licence for WinXP Home OEM

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Bruce said:
Again, we agree on something. How unusual. Thanks for starting to
see the light. There's hope for you, yet.

I don't believe I've claimed that the entire shrink-wrap license in
unconscionable, just certain terms mainly as they pertain to private
non-commercial use.
Granted, an "unconscionable contract can be invalidated by a court,
but I don't see how you could possibly misinterpret Gateway's business
practice/license regarding support to being pertinent to the question
at hand. Got any court cases that actually address the subject under
discussion?

Nope. But that goes both ways. Neither do you have any case that
upholds private non-commercial use shrink-wrap license terms on
copyrighted material.

I believe that an individual's rights under the law trump any post-sale
shrink-wrap license terms that tries to limit that individuals private
non-commercial use in their home. And until proven otherwise, I have
ever right to follow my opinion over that of you, MS, the BSA, and the
entire lobby of the corporate copyright elite.

--
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 said:
` Certainly. Both I and your hero Kurttrail have done so repeatedly.

Procd, Inc. v. Zeidenberg
http://www.law.emory.edu/7circuit/june96/96-1139.html

1.) The material in question wasn't copyrighted material, but a
database not covered under copyright law.

2.) The EULA terms in question were about commercial uses, namely
repackaging the database and selling it.

So try again, Bruce.

--
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 said:
According to its EULA, an OEM license may not be transferred from
one distinct PC to another PC. Nothing is said about prohibiting one
from repairing or upgrading the PC on which an OEM license is installed.

Now, some people believe that the motherboard is the key component
that defines the "original computer," but the OEM EULA does not make any
such distinction. Others have said that one could successfully argue
that it's the PC's case that is the deciding component, as that is where
one is instructed to affix the OEM CoA label w/Product Key. Again, the
EULA does not specifically define any single component as the computer.
Licensed Microsoft Systems Builders, who are allowed to distribute OEM
licenses with computers they sell, are contractually obligated to
"define" the computer as the motherboard, but this limitation/definition
can't be applied to the end user until the EULA is re-written. This is
the catch that has caught the OP: the computer manufacturer has to treat
the repaired/upgraded computer as a different computer. Had the OP
obtained the replacement motherboard from the original manufacturer,
this issue wouldn't have arisen.

Microsoft has, to date, been very careful _not_ publicly to define
when an incrementally upgraded computer ceases to be the original
computer. The closest I've ever seen a Microsoft employee come to this
definition (in a public forum) is to tell the person making the inquiry
to consult the PC's manufacturer. As the OEM license's support is
solely the responsibility of said manufacturer, they should determine
what sort of hardware changes to allow before the warranty and support
agreements are voided. To paraphrase: An incrementally upgraded
computer ceases to be the original computer, as pertains to the OEM
EULA, only when the *OEM* says it's a different computer. If you've
built the system yourself, and used a generic OEM CD, then _you_ are the
"OEM," and _you_ get to decide when you'll no longer support your product.

Bruce, Excellent! It has always been this way or the way
it has evolved, as far back as I can remember and that is
around 20 years.
 
On Sat, 17 Sep 2005 09:42:43 -0600, Bruce Chambers

snip
According to its EULA, an OEM license may not be transferred from
one distinct PC to another PC. Nothing is said about prohibiting one
from repairing or upgrading the PC on which an OEM license is installed.

Now, some people believe that the motherboard is the key component
that defines the "original computer," but the OEM EULA does not make any
such distinction. Others have said that one could successfully argue
that it's the PC's case that is the deciding component, as that is where
one is instructed to affix the OEM CoA label w/Product Key. Again, the
EULA does not specifically define any single component as the computer.
Licensed Microsoft Systems Builders, who are allowed to distribute OEM
licenses with computers they sell, are contractually obligated to
"define" the computer as the motherboard, but this limitation/definition
can't be applied to the end user until the EULA is re-written. This is
the catch that has caught the OP: the computer manufacturer has to treat
the repaired/upgraded computer as a different computer. Had the OP
obtained the replacement motherboard from the original manufacturer,
this issue wouldn't have arisen.

Microsoft has, to date, been very careful _not_ publicly to define
when an incrementally upgraded computer ceases to be the original
computer. The closest I've ever seen a Microsoft employee come to this
definition (in a public forum) is to tell the person making the inquiry
to consult the PC's manufacturer. As the OEM license's support is
solely the responsibility of said manufacturer, they should determine
what sort of hardware changes to allow before the warranty and support
agreements are voided. To paraphrase: An incrementally upgraded
computer ceases to be the original computer, as pertains to the OEM
EULA, only when the *OEM* says it's a different computer. If you've
built the system yourself, and used a generic OEM CD, then _you_ are the
"OEM," and _you_ get to decide when you'll no longer support your product.

Bruce, that just about covers the issue as far as I am concerned. I AM
the OEM...........Nice!............. much appreciated post.

Thanks a lot

Jonah
 
That court case you people are talking about is for a Business not a
home user.

I really do not like xp eula. anyhow. Most places with a contract-you
can negotiate and say no before the sell take place. Microsoft you
can not.


If you want something the real violates the eula and you even have to
pay for it called http://www.litepc.com/




Greg Ro
 
Bruce Chambers said:
So, it's your presumption that the OP should be as totally lacking in
integrity as you, and should be willing to lie? Granted, it's a sad
world, but not everyone has yet sunk to your level.

I'm trying to pull you out from the drain pipe Bruce, at least onto the
gutter.
Ah, proof of concept! An outright lie. We all know perfectly well that
WinXP does not belong to the OP. It's intellectual property that belongs
to its creator.

They can keep the IP. I'll keep the right of use at my discretion.
The only thing the OP ever purchased was a license to use the product in
accordance with the terms of said license.

Upon agreement
Name one. Better yet, name a single court decision that invalidates the
EULA.

Name one. - It's prematurally called an agreement.

I'm waiting for a court to validate 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

- Winux P
 
Bruce Chambers said:
Technically, the answer depends upon the specific type of OEM installation
CD you received with the computer. If it was a generic OEM CD, such as
distributed by small systems builders, it should install. If, however, you
have a branded OEM CD provided by a major computer manufacturer, it
probably will not install, and almost certainly should not activate. If
you have an OEM Recovery/Restore CD, it very probably can't be used on any
computer other than the make/model for which it was designed.

Legally, the answer depends upon where you live. If you live in the
United States, or another country that recognizes intellectual property
laws that actually protect the creator of the property, and/or the laws of
other countries, then an OEM version must be sold with a piece of hardware
(normally a motherboard or hard rive, if not an entire PC) and is
_permanently_ bound to the first PC on which it's installed. An OEM
license, once installed, is not legally transferable to another computer
under _any_ circumstances.

_any_ circumstances??? No, only in a mutually agreable circumstance(s).

Microsoft is no looter, it's good we cleared that one up.
If, however, you live in a country where intellectual property laws and
the rights of the creators are given short shrift, such as Russia, China,
India, and parts of the EU, then it may be legal to reuse an OEM license.
Of course, such "legality" does not magically bestow technical capability,
so the conditions mentioned in the first paragraph still apply.

No it doesn't, it bestows in all reality though, who needs the hope of
magic.
Ultimately, the answer depends upon *your* sense ethics.

In recognition of what you handed your money over for, that where the
contract begins. Funny how you're enforecing EULA and MS doesn't really want
to go on a mass refund your money for Windows returned venture. Why that
wouldn't be good business at all. Let's look at it for a cartesian common
sense point of view Bruce, someone buys WinXP and with one copy will thrice
(that's 3 times Bruce) install it on their home computers. MS catches wind
of this (cause people like you dob them in, hate to be your neighbour) and
says, you don't agree with EULA! Well just hand back my disc (and
packaging), here's your refund.... ????? Now everyones puzzled ???? Crikey!
I know why MS doesn't have EULA police, their bottom line would only be
black, instead of bold and black. Thanks Bruce you have now made me see the
light why no action has been taken by MS on these EULA infringments, it's
better to have some than none. Because that person ain't buying 3 copies of
WinXP.

Also legally any half witted person (yes Bruce at least half a wit is
required) would rub their (MS) faces on the EULA paper and walk out of court
a smiling person.
When you first booted up that old computer with the OEM license, you were
prompted to either agree to the license terms, or not.

You don't have to agree and still install it, yes Bruce legally. Or MS can
come collect their software with a full refund. You a businesman Bruce?
From your post, it seems clear that you agreed to be bound by the terms of
the OEM license. So, if your given word has *NO* value, if your signature
on a contract is meaningless, if you have no integrity, then you can feel
free to attempt to reuse that OEM license.

EULA has no value and, there's no need to attempt, just do it. It seems that
MS is not interested in enforcing EULA, but you Bruce, well I'm sure you'll
tell us all about it. Just let me light the fire, cup of tea?

Can't help but to think the Ministry of Sh!t is changing it's licensing
scheme (that assurance program idea) because EULA is a white wash. And you
Bruce?
--

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

- Winux P
 
It is the guys on the other end of the line that allows you to do it, I have
on many occasions done this before for many customers, now lets be fair!!
 
So, what's wrong with doing it illegally?
Ken Blake said:
In


One of the major disadvantages of OEM versions is that their license ties
them permanently to the first computer they are installed on. So no, you
may not legally do this.

Moreover, it may not even be possible. Some OEM copies are BIOS-locked to
the computer they came with.
 
Brian said:
So, what's wrong with doing it illegally?

Just because Ken, MS, or "Jesus" effin' Christ says it is not legal,
doesn't it make it so.

ONLY a court can rule on the legality of it, and so far no court that I
am aware of has EVER ruled that it is not legal to for an individual END
USER to move OEM from the first computer it was installed on to another.

So until there is some definitive legal precedent to the contrary, there
is absolutely nothing wrong with an END USER moving OEM XP from one
computer to another, especially for their private non-commercial use, as
while EULAs are generally accepted commercial use contracts, no private,
non-commercial use, post-sale, shrink-wrap license terms have ever been
enforced by any court of law.

--
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"
 
I bought a laptop about 2 yrs ago and now the laptop is beyond repair.
Windows xp home oem is installed along with everything else, now can i use
the harddrive in my laptop and put it into my desktop pc which i am
currentley building.

or

Do i have to go and buy a fresh new copy of windows £200 and install for my
newley built pc for home use??
 
fruityandy said:
I bought a laptop about 2 yrs ago and now the laptop is beyond repair.
Windows xp home oem is installed along with everything else, now can i use
the harddrive in my laptop and put it into my desktop pc which i am
currentley building.

Won't work.
or

Do i have to go and buy a fresh new copy of windows £200 and install for my
newley built pc for home use??

Or save some money and buy a generic OEM version of XP.

Alias
 
fruityandy said:
I bought a laptop about 2 yrs ago and now the laptop is beyond repair.
Windows xp home oem is installed along with everything else, now can i use
the harddrive in my laptop and put it into my desktop pc which i am
currentley building.


No. It won't fit.
or

Do i have to go and buy a fresh new copy of windows £200 and install for my
newley built pc for home use??


Certainly. By your own admission, you have an OEM license for
WinXP. An OEM version must be sold with a non-peripheral piece of
hardware (normally a motherboard or hard rive, if not an entire PC) and
is _permanently_ bound to the first PC on which it's installed. An OEM
license, once installed, is not legally transferable to another computer
under _any_ circumstances.


--

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
 
Bruce said:
No. It won't fit.




Certainly. By your own admission, you have an OEM license for
WinXP. An OEM version must be sold with a non-peripheral piece of
hardware (normally a motherboard or hard rive, if not an entire PC) and
is _permanently_ bound to the first PC on which it's installed. An OEM
license, once installed, is not legally transferable to another computer
under _any_ circumstances.

But note that a computer can be upgraded to the point where it is a new
computer and the OEM will still be good. OEMs must be sold with hardware
in some countries, most notably the USA.

I recently upgraded a computer with XP OEM Home on it and replaced
everything except the case and power supply and it activated online with
no problems.

The only thing an OEM can't do that a retail can is an upgrade installation.

Alias
 
Alias said:
But note that a computer can be upgraded to the point where it is a new
computer and the OEM will still be good.


And just how, pray tell, does one upgrade a laptop until it becomes a
desktop? You might try reading the original post, before offering
irrelevant information.


--

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
 
Bruce said:
And just how, pray tell, does one upgrade a laptop until it becomes
a desktop? You might try reading the original post, before offering
irrelevant information.

I never suggested that, Bruce. I suggested he buy an OEM generic XP and
use it on his new computer. If you had read my other post, you would
also know that I said he couldn't transfer his XP or his hard drive from
the laptop to the desk top.

Alias
 
Ok how about this i buy a convertion for the laptop hhd to fit into my
desktop (which i have ordered) Wipe it clean then install win xp home with
the Laptops serial code. Will this work or will i get caught?

Im asking these questions because i dont know how the licence(s) work.
 
fruityandy said:
Ok how about this i buy a convertion for the laptop hhd to fit into my
desktop (which i have ordered) Wipe it clean then install win xp home with
the Laptops serial code. Will this work or will i get caught?

Im asking these questions because i dont know how the licence(s) work.

Won't work because the OEM on your laptop is tied to the laptop's
motherboard and who knows what else has been added to the OEM that is
only for the laptop.

Your best bet, IMHO, is to buy a generic OEM and install it on a hard
drive made for a desk top.

Alias
 

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