OEM OS Question

  • Thread starter Thread starter Tom
  • Start date Start date
T

Tom

Is it legal for a OEM to not furnish a way to restore the OS from external
media? My latest purchase has no restore disks, no option to burn them from
hidden partition, or even a restore DVD they can sell you.

Is a hidden partion as the only restore method legal? I am totally not
protected from a hardrive failure.

What good is a license to use the OS for as long as the system exists if you
do not get a restore media?
 
Tom said:
Is it legal for a OEM to not furnish a way to restore the OS from external
media? My latest purchase has no restore disks, no option to burn them
from hidden partition, or even a restore DVD they can sell you.

Is a hidden partion as the only restore method legal? I am totally not
protected from a hardrive failure.

What good is a license to use the OS for as long as the system exists if
you do not get a restore media?
Click to expand...


You won't get specific questions because you gave no specifics. We don't
know how whatever UNNAMED manufacturer provides for recovery. Could be you
get a recovery CD that is either a bastardized setup program or just a
partition image. Could be the recovery program is in a hidden partition and
you are supposed to read the manual to figure out how to copy those files
onto a CD-R or run some utility to create separate recovery CDs. There are
as many ways to perform OEM recoveries as there are manufactures and models
of computers. Why not ask whomever built your computer (if not already
described in the manual)?
 
Company is Averatec and they have no restoral DVD available.

They have NOT enabled the ability to create Media disks in the Phoniex
Recovery program.

Is this legal per the Eula?
 
Some method to restore the installation to factory delivery must be
provided. It may be an OEM install CD, an OEM restore CD, a hidden
partition on the HD that copied back to the "operating partition" or
perhaps some copy to CD from HD scheme. The particular method is
entirely up to the OEM, and is not specified, only that a method be
provided. Contact the OEM in question to find out which is used.
 
Tom said:
Company is Averatec and they have no restoral DVD available.
Click to expand...

I doubt they would waste the money to provide DVD installation media since
Window itself only comes on a CD. Did you call Averatec to ask them how to
create a separate backup of their recovery/restore setup onto removable
media, like CD-Rs?
They have NOT enabled the ability to create Media disks in the Phoniex
Recovery program.

Is this legal per the Eula?
Click to expand...


The "Phenoiex" recovery program. Okay, so what does THAT create? Is it a
program that gets executed from the setup program in a hidden partition and
simply overwrites whatever is in the current partition?

Is the total size of the files in the hidden partition small enough to copy
onto a CD-R?

The only legal responsibility by the OEM is that they supply you with
restore media, not recovery media, upon request (which is usually after a
failure). Restore media means their program overwrites whatever is there to
put a fresh and clean copy of Windows on the host. There is no provision to
include data or keep anything else that was there (they are including
Windows, not data backup utilities). Recovery media usually lets you
overlay the existing install as a remedy to cure failures, so you overwrite
only the files from the recovery setup that are for the system but all the
other files remain that were in that partition (including any malware).

It certainly looks like you haven't bothered checking their web site's
support pages to see how to perform a recovery or create separate recovery
media.

http://support.averatec.com/view.asp?faqid=17
Well, that certainly infers that they DO provide recovery CDs.

http://support.averatec.com/view.asp?faqid=44
Says you can get recovery CDs for their legacy products. You never
mentioned WHAT you have other than the manufacturer's name. Without a
manual, I haven't a clue as to what is their "integrated recovery solution".
If it is just an image file that you end up using to overwrite a partition,
you could just use Ghost, TrueImage, or some other disk/partition imaging
software to save an image of the hidden partition containing their
"integrated" solution. I glanced through the online manual for their 6240
model which is the highest number model and it mentions using recovery CDs.
 
My new Dell laptop came with a recovert partition and instructions how
to restore. I called Dell support and calmly complained to the lady in
India that I was unhappy and would like the CDs as sent in the past and
2 days later I had all the original CDs ie XP Home, Drivers and
installed software.
 
Thats the problem they did not enable the disk burning in Phoenix.
http://www.phoenix.com/en/Products/...x+FirstWare/FirstWare+Recover+Pro/default.htm
It creates a hidden partition that you can restore from on harddisk. Check
the AV3715-ED1 model.

It sucks they should have the DVD restore disks available for purchase but
they don't for the newer models from 2005.

They did not enable the Phoenix on configuration by them to allow buring the
disks

I don't enven know if ghost will even see their hidden partition.
 
I called them and went way up the chain past Customer Support and Tech
Support and was told the finance guys said the customer won't care that they
had no restore media or means to make it. The Director of Customer Support
said he was totally against this choice from the beginning.
 
Tom said:
Is it legal for a OEM to not furnish a way to restore the OS from external
media?
Click to expand...


Probably. Ask the law enforcement agencies in your specific
jurisdiction to be sure, though.

My latest purchase has no restore disks, no option to burn them from
hidden partition, or even a restore DVD they can sell you.
Click to expand...


Yes, that quite common.

Is a hidden partion as the only restore method legal?
Click to expand...


Again, probably. Ask the law enforcement agencies in your specific
jurisdiction to be sure, though.

I am totally not
protected from a hardrive failure.
Click to expand...


A reputable OEM that wants return business will provide a true
installation CD; a bargain-basement company will not. Which is just one
of many reasons that it's wise to avoid buying a computer such as you
have. Did the salesman misrepresent the facts when you asked him about
what specific software and installation media were included in the purchase?

What good is a license to use the OS for as long as the system exists if you
do not get a restore media?
Click to expand...


In every jurisdiction that I'm aware of, legally, the OEM has met
it's contractual obligation to Microsoft by providing a means of
returning the PC to its ex-factory state, whether it's a Recovery CD or
a Recovery Partition. They are not legally obliged to provide a true
installation CD as part of the sale. Reputable, customer-service aware
OEMs, like MPC and Gateway, do provide a full OEM installation CD, that
does permit custom installations and repairs. Many uncaring OEMs,
especially those who sell their computers through department stores and
chain outlets, such as Compaq, HP, eMachines, Toshiba and Sony, however,
in an effort to save pennies and reduce their support costs by having to
hire support people that can only say "Boot from the Recovery CD to
return your PC to its original condition," provide only a CD bearing a
disk image of the hard drive as it left the factory. These
Recovery/Restore CDs cannot perform normal installations, nor can they
be used to do any sort of customizations.

Essentially, it boils down to "You get what you pay for."


--

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
 
Tom said:
Is it legal for a OEM to not furnish a way to restore the OS from external
media? My latest purchase has no restore disks, no option to burn them from
hidden partition, or even a restore DVD they can sell you.

Is a hidden partion as the only restore method legal? I am totally not
protected from a hardrive failure.

What good is a license to use the OS for as long as the system exists if you
do not get a restore media?
Click to expand...

The OEM has three options but must provide one:

1. Installation CD
2. Recovery CD
3. Recovery partition on the hard drive.

They don't have to provide the CD or a way to burn it, so your OEM with
the recovery partition has met their obligation.
 
Tom said:
Is it legal for a OEM to not furnish a way to restore the OS from external
media? My latest purchase has no restore disks, no option to burn them from
hidden partition, or even a restore DVD they can sell you.
Click to expand...

Yes it is legal.
Is a hidden partion as the only restore method legal? I am totally not
protected from a hardrive failure.
Click to expand...

Yes it is legal. You got what you paid for.
What good is a license to use the OS for as long as the system exists if you
do not get a restore media?
Click to expand...

Next time you buy a pc, demand a real MS CD for the OS you want to use.
 
The OEM has three options but must provide one:

1. Installation CD
2. Recovery CD
3. Recovery partition on the hard drive.

They don't have to provide the CD or a way to burn it, so your OEM with
the recovery partition has met their obligation.
Click to expand...
"has met their obligation" to Microsoft, I assume you're saying. As the OP
says, what happens when his hard drive fails? Goodbye to the O/S and the
need to then purchase it again?

What a slimey corporation this MS has proven to be.
 
NoStop said:
"has met their obligation" to Microsoft, I assume you're saying. As
the OP says, what happens when his hard drive fails? Goodbye to the
O/S and the need to then purchase it again?

What a slimey corporation this MS has proven to be.
Click to expand...

How is a decision made by the OEM Microsoft's fault? Don't support OEMs who
do this and the problem will go away.

Kerry
 
NoStop wrote:

What a slimey corporation this MS has proven to be.
Click to expand...

Why are you blaming Microsoft for the computer manufacturer's business
decision? All Microsoft can do in this case is require that its
licensees provide a recovery method. Microsoft cannot dictate what
specific recovery method the OEM chooses without the company running to
the courts, crying "That mean old Microsoft is making me provide decent
customer support! Monopoly! Monopoly! "


--

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
 
NoStop said:
"has met their obligation" to Microsoft, I assume you're saying. As the OP
says, what happens when his hard drive fails? Goodbye to the O/S and the
need to then purchase it again?

What a slimey corporation this MS has proven to be.
Click to expand...

I don't understand how you make the jump to MS being slimy because of
this issue. It's the OEM's decision as to which method to use.
Complain to the OEM if they take the low road, or don't give them your
patronage (aka money).
 
Back
Top