Microsoft XP Pro OEM

[Heiko_M]

Dear Microsoft-Team,

i am german and i heared, that the german BGH (highest court in germany)
says, that it is allowed to sell used System Recovery CD´s with the CoA as a
full Microsoft Operating System. Microsoft lost a claim in this case.

Is this correct? Can i sell here in Germany my Recovery CD´s of Windowx XP
with the CoA if i want to buy a Windows Vista.

Thank you.

Heiko

 

[Tom [Pepper] Willett]

This is a peer-to-peer newsgroup. If you need to talk with Microsoft,
you'll need to contact them.

: Dear Microsoft-Team,
:
: i am german and i heared, that the german BGH (highest court in germany)
: says, that it is allowed to sell used System Recovery CD´s with the CoA as
a
: full Microsoft Operating System. Microsoft lost a claim in this case.
:
: Is this correct? Can i sell here in Germany my Recovery CD´s of Windowx
XP
: with the CoA if i want to buy a Windows Vista.
:
: Thank you.
:
: Heiko

 

[Carey Frisch [MVP]]

Not correct. You can only sell a computer manufacturer's
OEM Windows XP recovery CD and COA if you also sell the
computer they originally came with....a complete package.

--
Carey Frisch
Microsoft MVP
Windows Shell/User

---------------------------------------------------------------

:

Dear Microsoft-Team,

i am german and i heared, that the german BGH (highest court in germany)
says, that it is allowed to sell used System Recovery CD´s with the CoA as a
full Microsoft Operating System. Microsoft lost a claim in this case.

Is this correct? Can i sell here in Germany my Recovery CD´s of Windowx XP
with the CoA if i want to buy a Windows Vista.

Thank you.

Heiko

 

[Thee Chicago Wolf]

Dear Microsoft-Team,

i am german and i heared, that the german BGH (highest court in germany)
says, that it is allowed to sell used System Recovery CD´s with the CoA as a
full Microsoft Operating System. Microsoft lost a claim in this case.

Is this correct? Can i sell here in Germany my Recovery CD´s of Windowx XP
with the CoA if i want to buy a Windows Vista.

Thank you.

Heiko

At the least, you can get an upgrade copy of Vista for cheaper than a
full version as you have the OEM CD.

- Thee Chicago Wolf

 

[Bob I]

Sorry, this is not Microsoft-Team, only a public peer to peer user
newsgroup. try this link instead.

http://support.microsoft.com/contactus/?ws=support

 

[Alan]

Carey,

That might be Microsoft's claim.

As others here in these groups have pointed out -- I recently posted an
excerpt from Bruce Chambers regarding the various Terms and Conditions
within the EULA -- no one in the USA has YET challenged Microsoft's 'wishes'
within its various product EULAs.

However, it appears that in Germany someone DID challenge Microsoft
regarding this....and Microsoft lost.

So, for you to state what you did to the original poster might not be
universally true any longer.

Alan

 

[DL]

You are correct in what you heard
You would need to state that you are selling an OEM version supplied with xx
PC manufacturer

But as an other posted an upgrade edition of Vista is cheaper than a retail
version

 

[Carey Frisch [MVP]]

Many OEM recovery CDs use System Locked Preinstallation (SLP).
Used by Original Equipment Manufacturers (OEMs), System Locked Preinstallation
uses information stored in the computer BIOS to protect each installation from
casual copying. No communication by the end customer to Microsoft is required.
At system startup, the operating system compares the computer's BIOS to the SLP
information. If it matches, no activation is required. Conversely, if there is no match,
Windows cannot be activated and calling Microsoft for a new activation code
will not work since SLP is hard-coded in the recovery CD by the PC manufacturer.

Product Activation and new pre-loaded PCs: http://technet.microsoft.com/en-us/library/bb457054.aspx

So if someone purchased purchased a used Dell OEM Windows XP recovery CD
designed for use with a Dell PC, and tries to install and activate it on a non-Dell
computer, they will find they bought a worthless CD.

--
Carey Frisch
Microsoft MVP
Windows Shell/User

---------------------------------------------------------------

:

Carey,

That might be Microsoft's claim.

As others here in these groups have pointed out -- I recently posted an
excerpt from Bruce Chambers regarding the various Terms and Conditions
within the EULA -- no one in the USA has YET challenged Microsoft's 'wishes'
within its various product EULAs.

However, it appears that in Germany someone DID challenge Microsoft
regarding this....and Microsoft lost.

So, for you to state what you did to the original poster might not be
universally true any longer.

Alan

 

[Alan]

I understand your point regarding OEM recovery CDs.

However, System Locked Preinstallation becomes a technical issue rather than
a EULA 'violation.'

But, if someone has a generic OEM XP installation CD in Germany, it appears
that it legally is not tied to the original PC on which it was installed,
and it can be re-sold and/or transferred at will.

Alan

 

[Heiko_M]

Hi all,

thanks for the anwsers.

Alan, correct: Microsoft lost here in Germany the judgement at Germanies
Highest Court (Bundesgerichtshof). I just put the original judgement with the
translation link, that you can read it direct in english.

http://translate.google.com/transla....de/bgh-oem.htm&langpair=de|en&hl=de&ie=UTF-8

You can read here also something here also:

http://translate.google.com/transla....de/bgh-oem.htm&langpair=de|en&hl=de&ie=UTF-8

Microsoft lost this lawsuit here in Germany, so what Carey Frisch write here
is incorrect. Carey, do you know that?

So here in Germany it is allowed to sell OEM software sepparatly. Are you
sure, that this is not allowed in the USA? Possible, somebody will be find
which will make a lawsuite against Microsoft also in the USA...

Greetings.

Heiko

 

[Daave]

So here in Germany it is allowed to sell OEM software sepparatly.
Are you sure, that this is not allowed in the USA? Possible,
somebody will be find which will make a lawsuite against Microsoft
also in the USA...

As I understand it, if we are talking about Windows XP OEM installation
media, the answer is yes if it is an unopened 1-pack being sold to a
person considered to be a system builder:

http://blogs.msdn.com/mssmallbiz/ar...re-alliance-about-buying-software-online.aspx

If the pack has been opened, then the OS must be "distributed with a
fully assembled computer system and must be preinstalled."

So far, this strange requirement hasn't made it to the courts (to my
knowledge).

 

[Carey Frisch [MVP]]

A "generic" OEM version of Windows CD differs greatly
from a "System Recovery" CD. Your original question
was about the selling of a "System Recovery CD" and
not a generic OEM Windows CD.

--
Carey Frisch
Microsoft MVP
Windows Shell/User

---------------------------------------------------------------

Hi all,

thanks for the anwsers.

Alan, correct: Microsoft lost here in Germany the judgement at Germanies
Highest Court (Bundesgerichtshof). I just put the original judgement with the
translation link, that you can read it direct in english.

http://translate.google.com/transla....de/bgh-oem.htm&langpair=de|en&hl=de&ie=UTF-8

You can read here also something here also:

http://translate.google.com/transla....de/bgh-oem.htm&langpair=de|en&hl=de&ie=UTF-8

Microsoft lost this lawsuit here in Germany, so what Carey Frisch write here
is incorrect. Carey, do you know that?

So here in Germany it is allowed to sell OEM software sepparatly. Are you
sure, that this is not allowed in the USA? Possible, somebody will be find
which will make a lawsuite against Microsoft also in the USA...

Greetings.

Heiko

 

[Daave]

A "generic" OEM version of Windows CD differs greatly
from a "System Recovery" CD. Your original question
was about the selling of a "System Recovery CD" and
not a generic OEM Windows CD.

Since English doesn't appear to be OP's first language, it's possible
that's what he meant. (Just speculating...)