OEM Windows XP

  • Thread starter Thread starter Paul
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Paul

Recently I see a lot of Windows XP Prof. sold in the
Internet. They claim to be legal OEM edtions. There is no
manual,they provide a product key though...
Question: Are these copies Legal? May I use them legally
on a office computer?

Thanks,
Paul
 
One should refrain from purchasing any version of Windows XP
without getting both a Product Key and Windows XP installation
CD. A Product Key is worthless without the appropriate Windows
XP installation CD. Also, only purchase software from a reputable
website with a proven track record. NewEgg.com is such a site
I would recommend.

OEM versions of Windows XP:

-- cannot upgrade over an existing Windows installation
-- cannot be transferred to a different computer in the future
-- the license cannot be sold or transferred to another user
-- are not eligible for free Microsoft technical support
-- must be purchased with some type of computer hardware
-- cost less than "retail versions" due to the above limitations

--
Carey Frisch
Microsoft MVP - Shell/User

Be Smart! Protect Your PC!
http://www.microsoft.com/athome/security/protect/default.aspx

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

:

| Recently I see a lot of Windows XP Prof. sold in the
| Internet. They claim to be legal OEM edtions. There is no
| manual,they provide a product key though...
| Question: Are these copies Legal? May I use them legally
| on a office computer?
|
| Thanks,
| Paul
 
1) I wouldn't want an OEM version as it is tied to one machine, unable to
install on a different machine if the current one kicks the bucket.
2) I'm always leary of buying anything off the net, just my nature.
3) What's the price tag? You know the old saying, you get what you pay for.
If it's cheap, it's not legal.
4) They can claim anything they want, doesn't mean it's legal.
5) It's very likely to be a pirated product key

Buyer Beware
 
zippy said:
1) I wouldn't want an OEM version as it is tied to one machine, unable to
install on a different machine if the current one kicks the bucket.
2) I'm always leary of buying anything off the net, just my nature.
3) What's the price tag? You know the old saying, you get what you pay for.
If it's cheap, it's not legal.
4) They can claim anything they want, doesn't mean it's legal.
5) It's very likely to be a pirated product key
As long as you buy from a reputable source I don't see the problem.
I had to install a new hard drive on my machine last month, and decided to
move from W98SE to XP at the same time.

In the UK I was able (legally) to buy the Professional OEM version for £88,
whereas the Upgrade version would have cost me £152.

If your current machine "kicks the bucket", how much would it cost to put it
right? In my case, after the Hard Disk failure it cost me £45 to get a new
80gig drive - much less than the difference between the OEM and Upgrade.
 
-- must be purchased with some type of computer hardware

Carey Frisch
Microsoft MVP - Shell/User

Oops, not true. Have you made the call yet or are you, like Bruce, too
stubborn?

Alias
 
zippy said:
1) I wouldn't want an OEM version as it is tied to one machine, unable to
install on a different machine if the current one kicks the bucket.

Not true. What, pray tell, constitutes a "machine"? Is it still the same
machine if I change the video driver, processor, MB, HD, etc.? When does it
become a "new machine"? I think the idea is you shouldn't install it on two
machines simultaneously.
2) I'm always leary of buying anything off the net, just my nature.

I agree with you there.
3) What's the price tag? You know the old saying, you get what you pay for.
If it's cheap, it's not legal.

I got my XP Pro for 140 euros, around 168 US Dollars and it's legal. Is that
cheap?
4) They can claim anything they want, doesn't mean it's legal.
5) It's very likely to be a pirated product key

Buyer Beware

Agreed as well.

Alias
 
Alias said:
-- must be purchased with some type of computer hardware

Carey Frisch
Microsoft MVP - Shell/User

Oops, not true. Have you made the call yet or are you, like Bruce, too
stubborn?
The advice I was given (which may or may not be accurate) was that to
qualify for the OEM version you need to purchase a piece of hardware for
your computer. In my case I needed a new drive anyway, so that was fine.
However I've also been told that even buying a cooling fan would just about
qualify!
 
Slartibartfast said:
The advice I was given (which may or may not be accurate) was that to
qualify for the OEM version you need to purchase a piece of hardware for
your computer. In my case I needed a new drive anyway, so that was fine.
However I've also been told that even buying a cooling fan would just about
qualify!

MS' activation department told me that hardware tie in was abandoned over
three months ago. I called them three times and was told the same thing by
three different people, all of whom have the authority to activate XP on the
phone. I bought mine and not only didn't I buy hardware, I returned a
defective fan while I was there and got my money back.

Alias
 
Make friends with the local comp. store.Buy the shrink-wraped disc($125
Canadian),
install and enjoy.Who needs the box and manual?These discussion groups will
help you with your probs.
 
When I legally buy legal merchandise, it is mine to do with what
I please. I can store, use, sell or throw it out. EULA is a vague
agreement not a legal contract. Also it is illegal to practice
contract law without a license. I don't think that _MVP_ gives one
this right.

One should refrain from purchasing any version of Windows XP
without getting both a Product Key and Windows XP installation
CD. A Product Key is worthless without the appropriate Windows
XP installation CD. Also, only purchase software from a reputable
website with a proven track record. NewEgg.com is such a site
I would recommend.

OEM versions of Windows XP:

-- cannot upgrade over an existing Windows installation
-- cannot be transferred to a different computer in the future
-- the license cannot be sold or transferred to another user
-- are not eligible for free Microsoft technical support
-- must be purchased with some type of computer hardware
-- cost less than "retail versions" due to the above limitations

--
Carey Frisch
Microsoft MVP - Shell/User

Be Smart! Protect Your PC!
http://www.microsoft.com/athome/security/protect/default.aspx

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

:

| Recently I see a lot of Windows XP Prof. sold in the
| Internet. They claim to be legal OEM edtions. There is no
| manual,they provide a product key though...
| Question: Are these copies Legal? May I use them legally
| on a office computer?
|
| Thanks,
| Paul
 
Re: "When I legally buy legal merchandise, it is mine to do with what I
please. I can store, use, sell or throw it out."

That's true unless you have agreed otherwise, or unless the nature of
the transaction itself specifies otherwise.

When you "purchase" and operating system, however, you are not
purchasing ownership of the operating system, not even a single copy
thereof. Rather, you are purchasing a LICENSE TO USE that operating
system. That license has terms, which you are deemed to have accepted
by your purchase, use and installation of the OS. You can argue
otherwise all that you want, but the courts will uphold that view if it
ever comes to that (granted that for indivdual end-users, it won't).
 
Greetings --

That's completely wrong. A federal court has ruled that, in
principle, an EULA is a legally binding and enforceable contract under
the Uniform Commercial Code, unless it has been proven to illegal.
(http://www.law.emory.edu/7circuit/june96/96-1139.html) Further,
since no one has yet dared to challenge Microsoft's EULA in court --
not even the Federal government and the several states' Attorneys
General who were suing to break up Microsoft -- we'll just have
conclude that a significant segment of the most prominent lawyers in
the country hold it valid.


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
 
Barry Watzman said:
Re: "When I legally buy legal merchandise, it is mine to do with what I
please. I can store, use, sell or throw it out."

That's true unless you have agreed otherwise, or unless the nature of
the transaction itself specifies otherwise.

When you "purchase" and operating system, however, you are not
purchasing ownership of the operating system, not even a single copy
thereof. Rather, you are purchasing a LICENSE TO USE that operating
system. That license has terms, which you are deemed to have accepted
by your purchase, use and installation of the OS. You can argue
otherwise all that you want, but the courts will uphold that view if it
ever comes to that (granted that for indivdual end-users, it won't).

I'm not a lawyer but if it's never come to that, it would seem to me that
legal precedent has not been set so you can't say it's anything but an
agreement that the end user is free to break any old time the mood strikes
him or her and if MS doesn't like it, they have the option of taking it to
court. Until then, it's a paper tiger.

Alias
 
Frank said:
When I legally buy legal merchandise, it is mine to do with what
I please. I can store, use, sell or throw it out. EULA is a vague
agreement not a legal contract. Also it is illegal to practice
contract law without a license. I don't think that _MVP_ gives one
this right.

Excellent answer, Frank! I don't think I could have said it better
myself! :)
One should refrain from purchasing any version of Windows XP
without getting both a Product Key and Windows XP installation
CD. A Product Key is worthless without the appropriate Windows
XP installation CD. Also, only purchase software from a reputable
website with a proven track record. NewEgg.com is such a site
I would recommend.

OEM versions of Windows XP:

-- cannot upgrade over an existing Windows installation
-- cannot be transferred to a different computer in the future
-- the license cannot be sold or transferred to another user
-- are not eligible for free Microsoft technical support
-- must be purchased with some type of computer hardware
-- cost less than "retail versions" due to the above limitations


--
--
hermes
DRM sux! Treacherous Computing kills our virtual civil liberties!
http://protectfreedom.tripod.com/index.html
http://www.cl.cam.ac.uk/~rja14/tcpa-faq.html
http://anti-dmca.org/
http://www.eff.org/IP/DMCA/unintended_consequences.php

Windows XP crashed.
I am the Blue Screen of Death.
No one hears your screams
 
Barry said:
Re: "When I legally buy legal merchandise, it is mine to do with what
I please. I can store, use, sell or throw it out."

That's true unless you have agreed otherwise, or unless the nature of
the transaction itself specifies otherwise.

When you "purchase" and operating system, however, you are not
purchasing ownership of the operating system, not even a single copy
thereof. Rather, you are purchasing a LICENSE TO USE that operating
system. That license has terms, which you are deemed to have accepted
by your purchase, use and installation of the OS. You can argue
otherwise all that you want, but the courts will uphold that view if
it ever comes to that (granted that for indivdual end-users, it won't).

Unless one doesn't care to have one's fair use rights stomped all over
by a greedy corporate entity such as M$. If one cares to protect one's
fair use rights for non-commercial purposes in the privacy of your own
home, then one can proceed to use it as one sees fit.


--
--
hermes
DRM sux! Treacherous Computing kills our virtual civil liberties!
http://protectfreedom.tripod.com/index.html
http://www.cl.cam.ac.uk/~rja14/tcpa-faq.html
http://anti-dmca.org/
http://www.eff.org/IP/DMCA/unintended_consequences.php

Windows XP crashed.
I am the Blue Screen of Death.
No one hears your screams
 
Bruce said:
Greetings --

That's completely wrong. A federal court has ruled that, in
principle, an EULA is a legally binding and enforceable contract under
the Uniform Commercial Code,
Re-read what you typed here Bruce. _COMMERCIAL_
unless it has been proven to illegal.
(http://www.law.emory.edu/7circuit/june96/96-1139.html) Further,
since no one has yet dared to challenge Microsoft's EULA in court --
It is not anyone else's responsibility to take M$ to court for their
EULA, it is their responsibility to take one to court who is not
following it.
not even the Federal government and the several states' Attorneys
General who were suing to break up Microsoft -- we'll just have
conclude that a significant segment of the most prominent lawyers in
the country hold it valid.


Bruce Chambers

--

hermes
DRM sux! Treacherous Computing kills our virtual civil liberties!
http://protectfreedom.tripod.com/index.html
http://www.cl.cam.ac.uk/~rja14/tcpa-faq.html
http://anti-dmca.org/
http://www.eff.org/IP/DMCA/unintended_consequences.php

Windows XP crashed.
I am the Blue Screen of Death.
No one hears your screams
 
When I legally buy legal merchandise, it is mine to do with what
I please. I can store, use, sell or throw it out. EULA is a vague
agreement not a legal contract. Also it is illegal to practice
contract law without a license. I don't think that _MVP_ gives one
this right.

Bottom line, Microsoft has all the money. When you have all the
money, you can buy all the lawyers. If you buy enough lawyers, you
have more power than God. Even the American federal government
can't touch you, as Gates and company proved. The OS contract
means whatever Microsoft says it means, because they have the
power to twist the law any way they see fit.
 
Al said:
Bottom line, Microsoft has all the money. When you have all the money,
you can buy all the lawyers. If you buy enough lawyers, you have more
power than God. Even the American federal government can't touch you,
as Gates and company proved. The OS contract means whatever Microsoft
says it means, because they have the power to twist the law any way
they see fit.


So then why don't they do something about it?!? M$ has no balls to back
up their eula when it comes to private non-commercial use as they have
proven thus far by not doing anything about it.

--
hermes
DRM sux! Treacherous Computing kills our virtual civil liberties!
http://protectfreedom.tripod.com/index.html
http://www.cl.cam.ac.uk/~rja14/tcpa-faq.html
http://anti-dmca.org/
http://www.eff.org/IP/DMCA/unintended_consequences.php

Windows XP crashed.
I am the Blue Screen of Death.
No one hears your screams
 
Bottom line, Microsoft has all the money. When you have all the money, you can buy all the lawyers. If you buy enough lawyers, you have more power than God. Even the American federal government can't touch you, as Gates and company proved. The OS contract means whatever Microsoft says it means, because they have the power to twist the law any way they see fit.
So then why don't they do something about it?!? M$ has no balls to back up their eula when it comes to private non-commercial use as they have proven thus far by not doing anything about it.

Private use is beneath their notice. They are corporate giants
with their expanded egos high in the clouds. Just pray they never
look down to earth and see you, or you'll wish you'd never been born.
 
Al said:
Private use is beneath their notice. They are corporate giants with
their expanded egos high in the clouds. Just pray they never look down
to earth and see you, or you'll wish you'd never been born.

But I would have nothing to worry about as they would not find me using
their products against the terms of the eula. Just because I believe in
protecting my fair use rights does not mean that I have any m$ software
installed or in use against the terms of their eula.

--
hermes
DRM sux! Treacherous Computing kills our virtual civil liberties!
http://protectfreedom.tripod.com/index.html
http://www.cl.cam.ac.uk/~rja14/tcpa-faq.html
http://anti-dmca.org/
http://www.eff.org/IP/DMCA/unintended_consequences.php

Windows XP crashed.
I am the Blue Screen of Death.
No one hears your screams
 

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