OEM license

  • Thread starter Thread starter qwerty
  • Start date Start date
Michael said:
--Alias-- said:
Marian said:
Marian Gutu wrote:
You cannot sell OEM Software.Period.
False.
The original Microsoft OEM operating system software cannot be
transferred to another computer.
Click to expand...
Who said anything about transferring?
The OEM Licence is for sale only to System Builders, Resellers, and
Hardware Purchasers.
False.

All OEM software must be bundled with hardware
False.
The End User License Agreement (EULA) for OEM software, including
Windows XP, states that the software is licensed as a single
integrated product in connection with the hardware
Click to expand...
Where I live, the only XPs available at retails chains are generic
OEMs and can be purchased with no hardware. I have bought three. All
three have passed WPA and WGA/N with flying colors.
when distributed to end users and distribution of OEM software to
other end users is a violation of the license agreement issued by
the manufacturer.
False.

Purchasers of these versions must agree not to violate the terms
of such distribution policies and to accept all liability for
compliance with end-user restrictions.
--
Marian Gutu
False.

MCP, MCSAs, MCSEs
Be nice, society already sucks!
YOU be nice. Your erroneous advice already sucks! I can buy as many
legit generic OEMs without hardware that I want and if I so choose
to sell what I buy, that is nobody's business but mine and the
purchaser. Alias
I guess you didn't read the EULA. I found it for you in plain
english [sic]: http://linuxadvocate.org/articles.php?p=1
Click to expand...
Nice dodge. My EULA says nothing about XP needing to be bought with
hardware. Once installed, yes, legally, it cannot be transferred but
that's not the subject at hand. The subject is if I buy a generic OEM
XP without hardware, am I free to see that CD or not. I say, yes, I
am and it will not breach the EULA, especially being as the EULA
hasn't been agreed to before the sale.

Alias
May the Force be with you!
http://www.google.com
"qwerty" <[email protected] <mailto:[email protected]>>
wrote in message
>
Well, if I were to use it myself, I may not have cared so deeply,
but > since I prefer a different OS, this one would only be sold
(since I've > got no friends that use it either, so only
strangers would be > considered for transfer). >
P.S. Friends don't let friends use Windows.

P.P.S. No offence.

Irma Troll wrote:
qwerty wrote:
Situation:

A laptop was bought with XP preinstalled but not activated,
the EULA
was not accepted, the hard drive was erased, a different
(superior) >> > operating system was installed, XP stickers were
removed from the case.


Question:

Is it legal to use this license key on a different computer,
if a >> > legally obtained install CD is present, but it was
already installed
and the key it came with cannot be used to activate another
computer?
Will it work with Pro edition, if original install was Home?

Thanks.

Legal? WGaF - Microsoft deserve to be shafted for their
distribution >> policy. Just go ahead and use it.
Irma
Click to expand...
Click to expand...

The OP is not the system builder, he is the end user of the pre-activated
OEM XP. It cannot be resold.
Click to expand...

I think you mean "should not" be resold.
Anyway, having bought a good half-dozen laptops with Windows
pre-installed and paid for (and already owning a legal copy of Windows),
I wouldn't think twice about screwing microsuck.
Irma
 
Michael said:
--Alias-- said:
Marian Gutu wrote:
Marian Gutu wrote:
You cannot sell OEM Software.Period.
False.

The original Microsoft OEM operating system software cannot be
transferred to another computer.

Who said anything about transferring?


The OEM Licence is for sale only to System Builders, Resellers,
and Hardware Purchasers.
False.

All OEM software must be bundled with hardware
False.

The End User License Agreement (EULA) for OEM software, including
Windows XP, states that the software is licensed as a single
integrated product in connection with the hardware

Where I live, the only XPs available at retails chains are generic
OEMs and can be purchased with no hardware. I have bought three. All
three have passed WPA and WGA/N with flying colors.


when distributed to end users and distribution of OEM software to
other end users is a violation of the license agreement issued by
the manufacturer.
False.

Purchasers of these versions must agree not to violate the terms
of such distribution policies and to accept all liability for
compliance with end-user restrictions.
--
Marian Gutu
False.

MCP, MCSAs, MCSEs
Be nice, society already sucks!
YOU be nice. Your erroneous advice already sucks! I can buy as many
legit generic OEMs without hardware that I want and if I so choose
to sell what I buy, that is nobody's business but mine and the
purchaser. Alias

I guess you didn't read the EULA. I found it for you in plain
english [sic]: http://linuxadvocate.org/articles.php?p=1

Nice dodge. My EULA says nothing about XP needing to be bought with
hardware. Once installed, yes, legally, it cannot be transferred but
that's not the subject at hand. The subject is if I buy a generic OEM
XP without hardware, am I free to see that CD or not. I say, yes, I
am and it will not breach the EULA, especially being as the EULA
hasn't been agreed to before the sale.

Alias


May the Force be with you!
http://www.google.com
"qwerty" <[email protected] <mailto:[email protected]>>
wrote in message
>
Well, if I were to use it myself, I may not have cared so deeply,
but > since I prefer a different OS, this one would only be sold
(since I've > got no friends that use it either, so only
strangers would be > considered for transfer). >
P.S. Friends don't let friends use Windows.

P.P.S. No offence.

Irma Troll wrote:
qwerty wrote:
Situation:

A laptop was bought with XP preinstalled but not activated,
the EULA
was not accepted, the hard drive was erased, a different
(superior) >> > operating system was installed, XP stickers were
removed from the case.


Question:

Is it legal to use this license key on a different computer,
if a >> > legally obtained install CD is present, but it was
already installed
and the key it came with cannot be used to activate another
computer?
Will it work with Pro edition, if original install was Home?

Thanks.

Legal? WGaF - Microsoft deserve to be shafted for their
distribution >> policy. Just go ahead and use it.
Irma
Click to expand...

The OP is not the system builder, he is the end user of the
pre-activated OEM XP. It cannot be resold.
Click to expand...

That might have been a EULA term that the OP didn't accept. Since the
OP rejected the EULA, I don't think the EULA's terms are applicable.
Click to expand...

This story may be of interest:

http://clevescene.com/issues/2005-03-30/news/feature_print.html

...Zamos decided to request a return directly from Microsoft, which has
its own 30-day return policy.

...He sent his letter by certified mail, so he knows when it arrived.
But Microsoft conveniently waited 34 days to respond. He was denied.

...First he auctioned off the Office XP Pro for $112.50 on September
27. But when he went to sell the Windows software, his second auction
was taken down by a "Microsoft investigator," who accused him of
infringing on the company's copyright, according to the lawsuit.

...Still, Zamos felt justified. The software had never been opened, and
Microsoft had made a return impossible. He'd researched the company's
resale policy and understood himself to be a "qualified end user." But
he couldn't be fully aware of the licensing agreement, since it only
appears when the software is loaded.

...But Zamos made one mistake. He wasn't, in fact, a licensed
"qualified end user," because he'd never signed the agreement that
would allow him to resell his software. And he couldn't sign the
agreement until he loaded the software.

...He turned his mistake back on Microsoft, however, accusing it of
deceptive sales practices, since the agreement had essentially been
hidden from him. "How could I sign the agreement if I'd never opened
the software? It didn't make any sense," he says.

...The suit spiraled into a dizzying 37 filings. Every time Microsoft
filed a motion to dismiss his claims, Zamos would file more the very
next day. Not only did he force Microsoft to defend its accusations
against him, but the company was now forced to defend its own practices
as well.

...Finally, Zamos gave Microsoft the migraine it hadn't expected. He
requested a trial by jury, knowing that the company wouldn't want to
spend tens of thousands of dollars in legal bills just to snuff one kid
in Ohio. He was right. The lawyers said they'd drop their suit -- if
Zamos dropped his countersuit.

...But that wasn't good enough for Zamos, who'd wasted hours of his
time and $40 in Kinko's copies. He didn't want billions of dollars or a
new Ford Mustang. He wanted an apology and reimbursement for his copies.

...Meanwhile, the company's lawyers seemed to understand they'd created
a PR nightmare. "I got a call from Chudakoff in the early afternoon,
the day the story came out," says David Sr. "He was looking for my son,
and when I asked him what for, that cockroach said he couldn't discuss
the case with me, because it defies legal ethics. So I said, 'What
legal ethics?'"

...When Zamos finally talked to Chudakoff, his tone had changed. "He
was very complimentary," Zamos says. "He said he was impressed by my
pleadings. His flattery was ridiculous."

...Chudakoff offered him a chance to settle.


I don't know how this next one came out. It may be the part of the action
that led to Microsoft's $1.1 billion class-action settlement in California
recently:

http://news.com.com/2100-1001-983988.html

...Specifically, the suit, which was brought by Cathy Baker, claims
that Microsoft, Symantec, CompUSA, Best Buy and other unnamed retailers
don't allow people to read "shrink wrap" licenses--agreements printed
inside the box or incorporated into the software itself--before they
buy a product.

..."Defendants acted in concert and have concocted a scheme to sell
consumers in the state of California software licenses in retail stores
without allowing them to review the terms and conditions of such
software licenses prior to sale," Ira Rothken, Baker's lawyer, wrote in
the complaint.
 
Not true. The OEM EULA states plainly that it may be transferred to
another user, as long as the computer it was originally installed on
is transferred with it, and no copies of the installation or
installation files are retained by the original owner.

This is certainly true. To transfer it, it must be accompanied by the
original computer it was installed upon, as well as all copies of the
Installation files. In addition, it may be reinstalled only on the
original computer it was installed on.


Well, it's obvious to me that if an OEM license is sold without the
original hardware accompanying it, then installed on another computer,
it is an attempt to "transfer the license", and is contrary to the
Microsoft License, which states explicitly that the license cannot be
transferred to another person without the original hardware
accompanying it.

If it's obvious to me, it would definitely be obvious to Microsoft's
Legal Department, as well as any jurisdiction of Law anywhere on the
Planet. Of course it might not be obvious to a Martian or Venerian
lawyer, or one from Alpha Centuri-B. But it should be obvious to
almost anyone who can read at an 8th grade level here on the Earth.

It would install on another computer, of course (IF the disk were not
bios-locked), but it would not be licensed by Microsoft, obviously.
Nor would they be required to activate it. So such a transfer would
only be useful for the 30 day trial period.

If one wants to speak in absolute, non-legal terms, then yes, it can
be installed on another computer. But this would be kind of stupid,
since once the owner attempted to activate it, it would not activate,
unless one attempted a phone activation, in which case he would have
to lie to the Activation technician, making him guilty of trying to
defraud Microsoft. But as a practical matter, he would probably just
be denied an activation, and would only be able boot in Safe-mode
after the initial 30 day trial period. Not a very pleasant thing to
do, I assure you.


Of course, even an end-user is usually a "hardware purchaser", even if
its only a cheap mouse or power cord.

This IS true anywhere in the United States.
However, the hardware can be ANY "necessary piece of hardware", even a
$1.00 power cord. Microsoft has been rather generous with the XP OEM
license, it seems.


And they will, since they are obviously genuine Microsoft-manufactured
OEM disks, with genuine Microsoft-provided COAs.

If where you live is ANYWHERE within the boundaries of the United
States or any US Trust Territory, the OEM EULA is supposed to be
enforced. And IT states that it MUST be sold with a "necessary piece
of hardware". Of course, this "necessary piece of hardware" could
include a power cord or cheap mouse, since both are "necessary" to use
the computer and OS.

Many legit distributors of OEM software often supply one or the other
in the purchase price, or for a dollar, in order to expedite the
purchase.
when distributed to end users and distribution of OEM software to
other end users is a violation of the license agreement issued by
the manufacturer.
False.

Purchasers of these versions must agree not to violate the terms
of such distribution policies and to accept all liability for
compliance with end-user restrictions.
--
Marian Gutu
False.

MCP, MCSAs, MCSEs
Be nice, society already sucks!
YOU be nice. Your erroneous advice already sucks! I can buy as many
legit generic OEMs without hardware that I want and if I so choose
to sell what I buy, that is nobody's business but mine and the
purchaser. Alias

I guess you didn't read the EULA. I found it for you in plain
english [sic]: http://linuxadvocate.org/articles.php?p=1

Nice dodge. My EULA says nothing about XP needing to be bought with
hardware. Once installed, yes, legally, it cannot be transferred but
that's not the subject at hand. The subject is if I buy a generic OEM
XP without hardware, am I free to see that CD or not. I say, yes, I
am and it will not breach the EULA, especially being as the EULA
hasn't been agreed to before the sale.
Click to expand...
Click to expand...
Click to expand...

Sorry, but if you buy a legit OEM generic CD, and break the
shrinkwrap, you implicitly agree to the EULA (in toto) contained
within. Shrink-wrap licenses have been pretty much validated by all
jurisdictions in the First World.

Doesn't matter if you transfer to a friend or foe. If you transfer
the license, you MUST also transfer the hardware it was originally
installed on.

Whether you attempted to offend or not, it is still offensive.
By the way, the proper way to use that is "No offense intended".

XP Home keys (no matter WHAT License agreement one has, Retail OR OEM)
will NOT work to finish an installation of XP Pro, under any
circumstance. It will simply give you an "invalid key" error over and
over, and you will be unable to continue the installation.


Stupidity in action. Try it, Irma. You will be sadly mistaken. But
I guess YOU "deserve to be shafted for giving bad advice".

Actually, it CAN be resold, IF he also sells the original hardware
with it, and retains no copies ANYWHERE.

The OEM EULA states this quite explicitly, if you will only READ it.
That might have been a EULA term that the OP didn't accept. Since the
OP rejected the EULA, I don't think the EULA's terms are applicable.
Click to expand...

This is correct. if the OP rejects the EULA, they do not apply to him.

BUT if one doesn't agree with the terms of the EULA, he is required to
END the installation immediately, which clause is perfectly legal, and
will hold up in any court of law. If you don't like anything about
any product, DON'T USE IT. You will be able to get your money back if
you return it unused within 30 days. This is US Law. I don't know if
any other nation has the same sort of law. But probably, most First
World nations have similar laws.

==

Donald L McDaniel
Please Reply to the Original Thread.
========================================================
 
Michael said:
--Alias-- said:
Marian Gutu wrote:
Marian Gutu wrote:
You cannot sell OEM Software.Period.
False.
The original Microsoft OEM operating system software cannot be
transferred to another computer.
Who said anything about transferring?

The OEM Licence is for sale only to System Builders, Resellers, and
Hardware Purchasers.
False.

All OEM software must be bundled with hardware
False.
The End User License Agreement (EULA) for OEM software, including
Windows XP, states that the software is licensed as a single
integrated product in connection with the hardware
Where I live, the only XPs available at retails chains are generic
OEMs and can be purchased with no hardware. I have bought three. All
three have passed WPA and WGA/N with flying colors.

when distributed to end users and distribution of OEM software to
other end users is a violation of the license agreement issued by
the manufacturer.
False.

Purchasers of these versions must agree not to violate the terms
of such distribution policies and to accept all liability for
compliance with end-user restrictions.
--
Marian Gutu
False.

MCP, MCSAs, MCSEs
Be nice, society already sucks!
YOU be nice. Your erroneous advice already sucks! I can buy as many
legit generic OEMs without hardware that I want and if I so choose
to sell what I buy, that is nobody's business but mine and the
purchaser. Alias
I guess you didn't read the EULA. I found it for you in plain
english [sic]: http://linuxadvocate.org/articles.php?p=1
Nice dodge. My EULA says nothing about XP needing to be bought with
hardware. Once installed, yes, legally, it cannot be transferred but
that's not the subject at hand. The subject is if I buy a generic OEM
XP without hardware, am I free to see that CD or not. I say, yes, I
am and it will not breach the EULA, especially being as the EULA
hasn't been agreed to before the sale.

Alias

May the Force be with you!
http://www.google.com
"qwerty" <[email protected] <mailto:[email protected]>>
wrote in message
>
Well, if I were to use it myself, I may not have cared so deeply,
but > since I prefer a different OS, this one would only be sold
(since I've > got no friends that use it either, so only
strangers would be > considered for transfer). >
P.S. Friends don't let friends use Windows.

P.P.S. No offence.

Irma Troll wrote:
qwerty wrote:
Situation:

A laptop was bought with XP preinstalled but not activated,
the EULA
was not accepted, the hard drive was erased, a different
(superior) >> > operating system was installed, XP stickers were
removed from the case.


Question:

Is it legal to use this license key on a different computer,
if a >> > legally obtained install CD is present, but it was
already installed
and the key it came with cannot be used to activate another
computer?
Will it work with Pro edition, if original install was Home?

Thanks.

Legal? WGaF - Microsoft deserve to be shafted for their
distribution >> policy. Just go ahead and use it.
Irma
Click to expand...

The OP is not the system builder, he is the end user of the pre-activated
OEM XP. It cannot be resold.
Click to expand...

I think you mean "should not" be resold.
Anyway, having bought a good half-dozen laptops with Windows
pre-installed and paid for (and already owning a legal copy of Windows),
I wouldn't think twice about screwing microsuck.
Irma
Click to expand...

So, since you already "own a legal copy of Windows", why don't you buy
your NEXT half-dozen laptops WITHOUT Windows pre-installed, and save a
few bucks?

P.S.
If that "legal copy of Windows" is NOT a "RETAIL" copy, it CANNOT be
used to install Windows on a NEW machine and retain a license from
Microsoft. So you probably LIED to the Activation technician, thus
making you liable for fraud charges by Microsoft, as well as being
guilty of a trademark violation against Microsoft each time you sold
one of those "unused copies".

But what the hey.. It's your conscience you have to live with.


==

Donald L McDaniel
Please Reply to the Original Thread.
========================================================
 
Prove it in court. To the op - sell that sucker if you can find one.

John
Click to expand...

John, did you know that you just made yourself guilty of conspiring to
commit a crime? If Microsoft wanted to, it could use the RICO laws to
prosecute you.

But hey, it's your life

==

Donald L McDaniel
Please Reply to the Original Thread.
========================================================
 
This may be different for Wal-Mart down the road in Florida.......
Click to expand...

Something tells me that Wally-World doesn't really care about U.S.
Laws. After all, they've stolen the overtime of thousands of their
employees for many years, even after being ordered to pay up.

==

Donald L McDaniel
Please Reply to the Original Thread.
========================================================
 
No. OEM licenses are tied to the first computer they are installed on and
they can never legally be moved to another.
Click to expand...

They CAN, however be transferred to another PERSON, as long as the
original computer is transferred along with them.
Even if it were a Retail version you couldn't do that. Keys need to match
with respect to Professional vs Home, OEM vs Retail, and Full vs Upgrade.
Click to expand...

==

Donald L McDaniel
Please Reply to the Original Thread.
========================================================
 
sed said:
Well, if I were to use it myself, I may not have cared so deeply, but
since I prefer a different OS, this one would only be sold (since I've
got no friends that use it either, so only strangers would be
considered for transfer).

P.S. Friends don't let friends use Windows.

P.P.S. No offence.
Click to expand...


Why on earth are you wasting your time on this newsgroup? Has your
"different OS" not got its own Newsgroup? You do know that this is a
Windows Newsgroup don't you?
 
Donald said:
On Tue, 8 Aug 2006 14:55:48 -0700, "Ken Blake, MVP"


They CAN, however be transferred to another PERSON, as long as the
original computer is transferred along with them.
Click to expand...


That's correct, of course, but not really relevant to his question.
 
Donald said:
Not true. The OEM EULA states plainly that it may be transferred to
another user, as long as the computer it was originally installed on
is transferred with it, and no copies of the installation or
installation files are retained by the original owner.

This is certainly true. To transfer it, it must be accompanied by the
original computer it was installed upon, as well as all copies of the
Installation files. In addition, it may be reinstalled only on the
original computer it was installed on.


Well, it's obvious to me that if an OEM license is sold without the
original hardware accompanying it, then installed on another computer,
it is an attempt to "transfer the license", and is contrary to the
Microsoft License, which states explicitly that the license cannot be
transferred to another person without the original hardware
accompanying it.

If it's obvious to me, it would definitely be obvious to Microsoft's
Legal Department, as well as any jurisdiction of Law anywhere on the
Planet. Of course it might not be obvious to a Martian or Venerian
lawyer, or one from Alpha Centuri-B. But it should be obvious to
almost anyone who can read at an 8th grade level here on the Earth.

It would install on another computer, of course (IF the disk were not
bios-locked), but it would not be licensed by Microsoft, obviously.
Nor would they be required to activate it. So such a transfer would
only be useful for the 30 day trial period.

If one wants to speak in absolute, non-legal terms, then yes, it can
be installed on another computer. But this would be kind of stupid,
since once the owner attempted to activate it, it would not activate,
unless one attempted a phone activation, in which case he would have
to lie to the Activation technician, making him guilty of trying to
defraud Microsoft. But as a practical matter, he would probably just
be denied an activation, and would only be able boot in Safe-mode
after the initial 30 day trial period. Not a very pleasant thing to
do, I assure you.


Of course, even an end-user is usually a "hardware purchaser", even if
its only a cheap mouse or power cord.

This IS true anywhere in the United States.
However, the hardware can be ANY "necessary piece of hardware", even a
$1.00 power cord. Microsoft has been rather generous with the XP OEM
license, it seems.


And they will, since they are obviously genuine Microsoft-manufactured
OEM disks, with genuine Microsoft-provided COAs.

If where you live is ANYWHERE within the boundaries of the United
States or any US Trust Territory, the OEM EULA is supposed to be
enforced. And IT states that it MUST be sold with a "necessary piece
of hardware". Of course, this "necessary piece of hardware" could
include a power cord or cheap mouse, since both are "necessary" to use
the computer and OS.

Many legit distributors of OEM software often supply one or the other
in the purchase price, or for a dollar, in order to expedite the
purchase.
when distributed to end users and distribution of OEM software
to other end users is a violation of the license agreement
issued by the manufacturer.
False.

Purchasers of these versions must agree not to violate the terms
of such distribution policies and to accept all liability for
compliance with end-user restrictions.
--
Marian Gutu
False.

MCP, MCSAs, MCSEs
Be nice, society already sucks!
YOU be nice. Your erroneous advice already sucks! I can buy as
many legit generic OEMs without hardware that I want and if I so
choose to sell what I buy, that is nobody's business but mine
and the purchaser. Alias

I guess you didn't read the EULA. I found it for you in plain
english [sic]: http://linuxadvocate.org/articles.php?p=1

Nice dodge. My EULA says nothing about XP needing to be bought with
hardware. Once installed, yes, legally, it cannot be transferred
but that's not the subject at hand. The subject is if I buy a
generic OEM XP without hardware, am I free to see that CD or not.
I say, yes, I am and it will not breach the EULA, especially being
as the EULA hasn't been agreed to before the sale.
Click to expand...
Click to expand...

Sorry, but if you buy a legit OEM generic CD, and break the
shrinkwrap, you implicitly agree to the EULA (in toto) contained
within. Shrink-wrap licenses have been pretty much validated by all
jurisdictions in the First World.

Doesn't matter if you transfer to a friend or foe. If you transfer
the license, you MUST also transfer the hardware it was originally
installed on.

Whether you attempted to offend or not, it is still offensive.
By the way, the proper way to use that is "No offense intended".

XP Home keys (no matter WHAT License agreement one has, Retail OR OEM)
will NOT work to finish an installation of XP Pro, under any
circumstance. It will simply give you an "invalid key" error over and
over, and you will be unable to continue the installation.


Stupidity in action. Try it, Irma. You will be sadly mistaken. But
I guess YOU "deserve to be shafted for giving bad advice".

Actually, it CAN be resold, IF he also sells the original hardware
with it, and retains no copies ANYWHERE.

The OEM EULA states this quite explicitly, if you will only READ it.
Click to expand...

I should have qualified my statement better. The OP can indeed sell the OEM
XP that came pre-activated on the laptop by following the requirements you
stated. I was commenting on how he was trying to sell it as if it was a
pristine never been activated OEM XP. Whether or not the OP agreed to the
terms, the OEM XP if it was pre-activated by the vendor; will have a
history that will require phone in activation on different hardware. The
person that purchased the OEM XP would more than likely have to jump through
hoops and maybe even be denied activation. The OP would need to give
specific instructions on how to deceive the activation process ( kind of
like giving them a crack) and this would be admitting that the copy of XP
was not completely kosher. Without bringing any claims of illegality,
contract compliance, etc., the ethics of selling a questionable
pre-activated OEM XP copy could be compared to; ( I know, sigh!) selling a
low/no mileage 2005 car from New Orleans. It could work, but I doubt it
would be without problems.

http://www.michaelstevenstech.com/oemeula.htm
--
Michael Stevens MS-MVP XP
(e-mail address removed)
http://www.michaelstevenstech.com
For a better newsgroup experience. Setup a newsreader.
http://www.michaelstevenstech.com/outlookexpressnewreader.htm
 
Donald said:
Michael said:
--Alias-- wrote:
Marian Gutu wrote:
Marian Gutu wrote:
You cannot sell OEM Software.Period.
False.
The original Microsoft OEM operating system software cannot be
transferred to another computer.
Who said anything about transferring?

The OEM Licence is for sale only to System Builders, Resellers, and
Hardware Purchasers.
False.

All OEM software must be bundled with hardware
False.
The End User License Agreement (EULA) for OEM software, including
Windows XP, states that the software is licensed as a single
integrated product in connection with the hardware
Where I live, the only XPs available at retails chains are generic
OEMs and can be purchased with no hardware. I have bought three. All
three have passed WPA and WGA/N with flying colors.

when distributed to end users and distribution of OEM software to
other end users is a violation of the license agreement issued by
the manufacturer.
False.

Purchasers of these versions must agree not to violate the terms
of such distribution policies and to accept all liability for
compliance with end-user restrictions.
--
Marian Gutu
False.

MCP, MCSAs, MCSEs
Be nice, society already sucks!
YOU be nice. Your erroneous advice already sucks! I can buy as many
legit generic OEMs without hardware that I want and if I so choose
to sell what I buy, that is nobody's business but mine and the
purchaser. Alias
I guess you didn't read the EULA. I found it for you in plain
english [sic]: http://linuxadvocate.org/articles.php?p=1
Nice dodge. My EULA says nothing about XP needing to be bought with
hardware. Once installed, yes, legally, it cannot be transferred but
that's not the subject at hand. The subject is if I buy a generic OEM
XP without hardware, am I free to see that CD or not. I say, yes, I
am and it will not breach the EULA, especially being as the EULA
hasn't been agreed to before the sale.

Alias
May the Force be with you!
http://www.google.com
"qwerty" <[email protected] <mailto:[email protected]>>
wrote in message
>
Well, if I were to use it myself, I may not have cared so deeply,
but > since I prefer a different OS, this one would only be sold
(since I've > got no friends that use it either, so only
strangers would be > considered for transfer). >
P.S. Friends don't let friends use Windows.

P.P.S. No offence.

Irma Troll wrote:
qwerty wrote:
Situation:

A laptop was bought with XP preinstalled but not activated,
the EULA
was not accepted, the hard drive was erased, a different
(superior) >> > operating system was installed, XP stickers were
removed from the case.


Question:

Is it legal to use this license key on a different computer,
if a >> > legally obtained install CD is present, but it was
already installed
and the key it came with cannot be used to activate another
computer?
Will it work with Pro edition, if original install was Home?

Thanks.

Legal? WGaF - Microsoft deserve to be shafted for their
distribution >> policy. Just go ahead and use it.
Irma

The OP is not the system builder, he is the end user of the pre-activated
OEM XP. It cannot be resold.
Click to expand...
I think you mean "should not" be resold.
Anyway, having bought a good half-dozen laptops with Windows
pre-installed and paid for (and already owning a legal copy of Windows),
I wouldn't think twice about screwing microsuck.
Irma
Click to expand...

So, since you already "own a legal copy of Windows", why don't you buy
your NEXT half-dozen laptops WITHOUT Windows pre-installed, and save a
few bucks?
Click to expand...


I would - if Microsuck allowed laptops to be sold "clean".

P.S.
If that "legal copy of Windows" is NOT a "RETAIL" copy, it CANNOT be
used to install Windows on a NEW machine and retain a license from
Microsoft. So you probably LIED to the Activation technician, thus
making you liable for fraud charges by Microsoft, as well as being
guilty of a trademark violation against Microsoft each time you sold
one of those "unused copies".
Click to expand...

The OP was asking about selling Windows, something I have never done.
Read before you bleat!

Irma
 
Michael Stevens said:
I should have qualified my statement better. The OP can indeed sell the
OEM XP that came pre-activated on the laptop by following the requirements
you stated. I was commenting on how he was trying to sell it as if it was
a pristine never been activated OEM XP. Whether or not the OP agreed to
the terms, the OEM XP if it was pre-activated by the vendor; will have a
history that will require phone in activation on different hardware. The
person that purchased the OEM XP would more than likely have to jump
through hoops and maybe even be denied activation. The OP would need to
give specific instructions on how to deceive the activation process ( kind
of like giving them a crack) and this would be admitting that the copy of
XP was not completely kosher. Without bringing any claims of illegality,
contract compliance, etc., the ethics of selling a questionable
pre-activated OEM XP copy could be compared to; ( I know, sigh!) selling
a low/no mileage 2005 car from New Orleans. It could work, but I doubt it
would be without problems.

http://www.michaelstevenstech.com/oemeula.htm
--
Michael Stevens MS-MVP XP
(e-mail address removed)
http://www.michaelstevenstech.com
For a better newsgroup experience. Setup a newsreader.
http://www.michaelstevenstech.com/outlookexpressnewreader.htm
Click to expand...

I can't believe no one challenged my take on the above.
Maybe you finally see the ethical aspect of selling questionable copies of
Windows XP or loading multiple copies of the same XP license without
admitting the buyer must be willing to supply information that could
potentially lead to the loss of the software they illegally purchased, and
possibly being charged for using the pirated software. I can't say the
purchaser of the questionable software is in any imminent danger of loss,
but the sellers should inform the buyers of the possibility they are
purchasing questionable software.

'
--
Michael Stevens MS-MVP XP
(e-mail address removed)
http://www.michaelstevenstech.com
For a better newsgroup experience. Setup a newsreader.
http://www.michaelstevenstech.com/outlookexpressnewreader.htm
 
Back
Top