A
absent
Is it legal to use a unused Windows 98SE licence on Windows XP Home?
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H
Heirloom
Uh......no.
N
Nepatsfan
In said:Is it legal to use a unused Windows 98SE licence on Windows
XP Home?
You're question is a little bit on the vague side. You might
want to post back with a few more details as to exactly what
you're trying to accomplish.
That said, if you're asking if you can install Windows 98SE and
Windows XP Home on the same computer, the answer is yes, as
long as you have a license for the full versions of each
operating system. Installing each operating system on its own
partition would create a dual-boot system.
If, on the other hand, all you have is the upgrade version of
XP, you would need to use the Win 98 license as qualifying
media in order to install XP. You aren't allowed to create a
dual-boot system under these conditions.
Nepatsfan
H
Heirloom
Nep,
You read more into the question than I. I took it that he was wanting
to install XP with the 98SE license.....good onya'.
Heirloom, old and Merry Christmas
(or your preference) to all
You read more into the question than I. I took it that he was wanting
to install XP with the 98SE license.....good onya'.
Heirloom, old and Merry Christmas
(or your preference) to all
A
absent
Yes, I beleive HL has it right, I've got a Win98SE CD and licence, but would
like to use WinXP(I've got a CD but someone else is using the licence)
like to use WinXP(I've got a CD but someone else is using the licence)
A
Alias
absent said:Yes, I beleive HL has it right, I've got a Win98SE CD and licence, but would
like to use WinXP(I've got a CD but someone else is using the licence)
It won't work.
Alias
R
Ron Martell
absent said:Yes, I beleive HL has it right, I've got a Win98SE CD and licence, but would
like to use WinXP(I've got a CD but someone else is using the licence)
In that case the answer would be no.
In order to use Windows XP you *must* have a license for Windows XP.
As a general rule you cannot use a license for an older version of any
software to install and use a newer version of that software unless
the software company provides a *free* upgrade option.
In some circumstances you can use a Windows XP license to downgrade to
an older version of Windows, but not always.
Good luck
Ron Martell Duncan B.C. Canada
N
Nepatsfan
Looks like you're the winner, Heirloom!
It never occurred to me that the OP was looking to use a Win 98
CD key to install XP.
And a Merry Christmas to you,
Nepatsfan
It never occurred to me that the OP was looking to use a Win 98
CD key to install XP.
And a Merry Christmas to you,
Nepatsfan
A
absent
Ok, thanx all.
Ron Martell said:In that case the answer would be no.
In order to use Windows XP you *must* have a license for Windows XP.
As a general rule you cannot use a license for an older version of any
software to install and use a newer version of that software unless
the software company provides a *free* upgrade option.
In some circumstances you can use a Windows XP license to downgrade to
an older version of Windows, but not always.
Good luck
Ron Martell Duncan B.C. Canada
S
Shane
If, on the other hand, all you have is the upgrade version of XP, you
Of course you are!
Shane
would need to use the Win 98 license as qualifying media in order to
install XP. You aren't allowed to create a dual-boot system under these
conditions.
Of course you are!
Shane
N
Nepatsfan
In said:Of course you are!
Shane
I didn't say it couldn't be done. I said "You aren't allowed".
The original question asked "Is it legal ...". I interpreted
that to mean the OP wanted to follow the conditions set forth
in the EULA.
In the EULA for an XP upgrade you'll find this section:
"2. UPGRADES. To use a Product identified as an upgrade, you
must
first be licensed for the product identified by Microsoft
as eligible for the upgrade. After upgrading, you may no
longer use the product that formed the basis for your
upgrade eligibility."
According to a number of knowledgeable sources on these
newsgroups, that clause means that the license for Win 98 is
combined with the XP upgrade license to form the final license.
Once you use the Win 98 license to qualify for the upgrade,
you're not allowed to use that license to create a separate
installation of Windows 98, not even on the same computer.
Nepatsfan
A
Alias
Nepatsfan said:I didn't say it couldn't be done. I said "You aren't allowed".
The original question asked "Is it legal ...". I interpreted
that to mean the OP wanted to follow the conditions set forth
in the EULA.
In the EULA for an XP upgrade you'll find this section:
"2. UPGRADES. To use a Product identified as an upgrade, you
must
first be licensed for the product identified by Microsoft
as eligible for the upgrade. After upgrading, you may no
longer use the product that formed the basis for your
upgrade eligibility."
According to a number of knowledgeable sources on these
newsgroups, that clause means that the license for Win 98 is
combined with the XP upgrade license to form the final license.
Once you use the Win 98 license to qualify for the upgrade,
you're not allowed to use that license to create a separate
installation of Windows 98, not even on the same computer.
Nepatsfan
And when MS takes someone to court for using a paid for software and
wins, it's the law. Until then, it's just hot air.
Alias
N
Nepatsfan
In said:And when MS takes someone to court for using a paid for
software and wins, it's the law. Until then, it's just hot
air.
Alias
I take it you're a graduate of an accredited law school who's
now practicing contract law? If that's the case, can you tell
me when you're planning on launching a class action lawsuit
against Microsoft?
Since Microsoft is such a convenient target, I would have
thought some enterprising lawyer would have seen this as a
great way to make some money, oops, I mean, defend the rights
of the poor unsuspecting computer user. I'm not aware of any
legal action, current or pending that challenges any Microsoft
EULA or Microsoft's product activation procedure. Until a
judgment is handed down against Microsoft on this matter your
rants on this subject are, in my not-a-legal-expert opinion,
"just hot air".
Merry Christmas
Nepatsfan
A
Alias
Nepatsfan said:I take it you're a graduate of an accredited law school who's
now practicing contract law? If that's the case, can you tell
me when you're planning on launching a class action lawsuit
against Microsoft?
Lame, amateurish ad hominem.
Since Microsoft is such a convenient target, I would have
thought some enterprising lawyer would have seen this as a
great way to make some money, oops, I mean, defend the rights
of the poor unsuspecting computer user. I'm not aware of any
legal action, current or pending that challenges any Microsoft
EULA or Microsoft's product activation procedure. Until a
judgment is handed down against Microsoft on this matter your
rants on this subject are, in my not-a-legal-expert opinion,
"just hot air".
Merry Christmas
Nepatsfan
LOL! Cart before horse. If MS wants to enforce its rules, they are the
ones who have to instigate legal action, not the person who breached an
EULA that one can only read and agree to when it's too late to get your
money back, you moron!
Alias
S
Shane
Nepatsfan said:I didn't say it couldn't be done. I said "You aren't allowed". The
original question asked "Is it legal ...". I interpreted that to mean the
OP wanted to follow the conditions set forth in the EULA.
In the EULA for an XP upgrade you'll find this section:
"2. UPGRADES. To use a Product identified as an upgrade, you must
first be licensed for the product identified by Microsoft
as eligible for the upgrade. After upgrading, you may no
longer use the product that formed the basis for your
upgrade eligibility."
According to a number of knowledgeable sources on these newsgroups, that
clause means that the license for Win 98 is combined with the XP upgrade
license to form the final license. Once you use the Win 98 license to
qualify for the upgrade, you're not allowed to use that license to create
a separate installation of Windows 98, not even on the same computer.
Nepatsfan
OK. Well, it has to be said that, personally, I don't care what a EULA or
equivalent document says. I care what has been enabled, iow I hold that the
old saw that 'actions speak louder than words' is a statement of fact that
no legal department is ever going to disprove.
I know - from personal experience (in other than the computing world) - that
it doesn't matter, legally, what agreement one might sign if the contents
are ambiguous or a representative of the company in question has given
misleading advice.
I brought this up (possibly on *this* group) some years ago. I seem to
recall reading a KB referencing it. My main point was that there is no
indication whatsoever (except - taking your word for it - in the eula, which
I still haven't read in full and doubt I ever will) that such an
installation should not be attempted and that, even more to the point
(particularly given the likelihood that the majority of other users will
also fail to read the eula) it could easily have been disabled, but was not,
not even in SP2.
Really, to insist that someone with a 9x version cannot dual-boot with XP
using an upgrade copy, would be so small-minded only the Jobsworth would
support it! That kind are not model citizens. The fact that it was not
'rectified' in SP2 suggests that Microsoft don't care. That - given that
some legal-minded pedant has inserted this clause in the eula in the first
place - is how it should be.
Shane
--
The Sugitive
Chapter One: http://tinyurl.com/bcevp
Chapter Two: http://tinyurl.com/ag92o
Chapter Three: Coming to an URL near you soon!
N
Nepatsfan
In said:Lame, amateurish ad hominem.
LOL! Cart before horse. If MS wants to enforce its rules,
they are the ones who have to instigate legal action, not
the person who breached an EULA that one can only read and
agree to when it's too late to get your money back, you
moron!
Alias
Well, I guess I should have paid more attention in Latin class
when I was in high school. Then again, I wasn't on the debate
team either.
What you refer to as a "Lame, amateurish ad hominem" I prefer
to think of as "sarcasm". You can call it whatever you want.
Oh, and if by "you moron" you mean "individual who still tries
to act in an ethical manner", thanks for the compliment.
Nepatsfan
A
Alias
Nepatsfan said:Well, I guess I should have paid more attention in Latin class
when I was in high school. Then again, I wasn't on the debate
team either.
What you refer to as a "Lame, amateurish ad hominem" I prefer
to think of as "sarcasm". You can call it whatever you want.
Oh, and if by "you moron" you mean "individual who still tries
to act in an ethical manner", thanks for the compliment.
Nepatsfan
Can you respond to content or only insult me and brag about yourself?
Alias
N
Nepatsfan
In said:Can you respond to content or only insult me and brag about
yourself?
Alias
OK, let's discuss content. Who exactly are you referring to
when you say " not the person who breached an EULA that one can
only read and agree to when it's too late to get your money
back"?
Nepatsfan
A
Alias
Nepatsfan said:OK, let's discuss content.
About time.
Who exactly are you referring to
when you say " not the person who breached an EULA that one can
only read and agree to when it's too late to get your money
back"?
Nepatsfan
Um, quoting out of context is another lame, amateurish way of debating.
Here's the entire quote:
"If MS wants to enforce its rules, they are the ones who have to
instigate legal action, not the person* who breached an EULA that one
can only read and agree to when it's too late to get your money back,
you moron!"
*I am, of course, referring to any and all end users who buy XP, who else?
Alias
N
Nepatsfan
About time.
Um, quoting out of context is another lame, amateurish way
of debating. Here's the entire quote:
"If MS wants to enforce its rules, they are the ones who
have to instigate legal action, not the person* who breached
an EULA that one can only read and agree to when it's too
late to get your
money back, you moron!"
*I am, of course, referring to any and all end users who buy
XP, who else?
Alias
OK, fine. Isn't there a notice on the retail packaging that
installing the software means you agree to the license? I also
seem to recall seeing literature included with new computers
that stated essentially the same thing? Isn't it the
responsibility of the end user to read this stuff?
If you're referring to someone who purchased an OEM version
from a retailer wouldn't there argument be with the person who
sold them the software?
Nepatsfan