OEM

  • Thread starter Thread starter Jason Braaten
  • Start date Start date
Hi,

This is correct, WindowsUpdate cares not for the ProductID or the key used
for installation. The preventive device is Product Activation.

--
Best of Luck,

Rick Rogers aka "Nutcase" MS-MVP - Win9x

Associate Expert - WinXP - Expert Zone
 
It's a opinion that is drawn in the analogy and as far as
the rest of it goes, who cares......lol. As long as MS can
trick ppl into believing that their agreement is
enforceable and 95% go along with it and they never test
it in court their happy.
 
Excuse me, but, he wants to "clone" his O/S, right?
And having the key won't make that possible, correct?
So why argue? We can't help him achieve his aim, which he may not have been
aware was a violation of the EULA, not to mention impossible.
"...so I could install it on my other home PC..."
If he wasn't cloning, then he wanted to use the machine he was recently
given as an O/S donor and nothing else??
 
Bet me ,I am holding it right in my hand and that is 9/10
of the law. as far as the eula goes I changed my mind and
re-canted the agreement. In my state I have 72 hrs to do
just that.
 
Willit said:
Bet me ,I am holding it right in my hand and that is 9/10
of the law. as far as the eula goes I changed my mind and
re-canted the agreement. In my state I have 72 hrs to do
just that.

No you haven't. Not so long as you still have the product in your
possession.

You can not recant the agreement and still retain the merchandise.


Ron Martell Duncan B.C. Canada
--
Microsoft MVP
On-Line Help Computer Service
http://onlinehelp.bc.ca

"The reason computer chips are so small is computers don't eat much."
 
Sure I can, I am waiting on a refund......lol When they
pay me they can have their CD back. Fat chance of that
happening. Besides I have diminished mental capacity or I
would not be answering you.
 
ahhhhh... but you don't OWN it... you are only purchasing a license to USE
it.. Microsoft still owns it. Read the license agreement.
 
then if you re-canted the agreement... by law, you must remove it from all
computers, then return it to Microsoft.
 
Actually.. They will give you a refund within the first 30 days after
purchase.
 
Actually, if tested in court, it would hold up.

Willit said:
It's a opinion that is drawn in the analogy and as far as
the rest of it goes, who cares......lol. As long as MS can
trick ppl into believing that their agreement is
enforceable and 95% go along with it and they never test
it in court their happy.
 
Jason said:
I recieved the computer I have now, loaded with Windows
XP. About half of the OEM sticker is still on my case,
however when I contacted the people I recieved the
computer from, they didn't have the OEM for the XP disk so
I could install it on my other home PC. My general
question is, how do I get the rest of the OEM so i can do
this?

You are quite explicitly not allowed to. In the first place windows is
provided on terms of 'one machine, one copy' and you may not install on
two; in the second the license for an OEM one is even more restricted
and does not permit it to be removed from one machine and installed on
the other: the license is as if a component of the original machine and
dies with it
 
He hasn't got a complete Product Code and wants to know how to get it incase
he needs to re-install on the same machine.
 
That is a stupid analogy. Theft is going into a shop and taking the CD
without paying. I bought the CD and no license can dictate what I do in my
own home. It's just a license agreement and NOT a law! If I breach the
license agreement then all that can possibly happen is MS not giving me
support. The software cannot be described as a component of the computer
either, because how can a license be a component? After all, I bought a
license and NOT software.
 
You should be more precise. He IS allowed and has 30 days to decide whether
he wants to keep it on the second machine. If he changes his mind, he should
remove it. If he wants to keep it, he will need to purchase a second copy of
XP in order to activate it.

Jason said:
I recieved the computer I have now, loaded with Windows
XP. About half of the OEM sticker is still on my case,
however when I contacted the people I recieved the
computer from, they didn't have the OEM for the XP disk so
I could install it on my other home PC. My general
question is, how do I get the rest of the OEM so i can do
this?

You are quite explicitly not allowed to. In the first place windows is
provided on terms of 'one machine, one copy' and you may not install on
two; in the second the license for an OEM one is even more restricted
and does not permit it to be removed from one machine and installed on
the other: the license is as if a component of the original machine and
dies with it
 
Greetings --

Not so. Microsoft cannot and will not provide additional licenses
for OEM CDs. The OP would still have to purchase a retail license and
CD for the second PC. He would then have to replace the illegal OEM
installation with a fresh installation made from the retail CD.


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
 
Greetings --

If that were the case, all he needs to do is call the PC's
manufacturer. OEM manufacturers provide _all_ support for their
versions.

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
 
Greetings --

Let us know when you finally become acquainted with real life,
will you? Never heard of contract law, have you? Currently falls
under the category of civil law, rather than criminal law (where I
think it should be), but it is law nonetheless.

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
 
1) Let's apply a little common sense to the question, shall we?
Does your local grocer let you walk out of the market with three
loaves of bread when you've paid for only one?

This analogy *does not apply*. Physical property != copyrighted works.
What you describe would be a proper analogy if you were attempting to
walk out of the store with 2 CDs but only pay for 1. This little "you
only buy the license" fantasy that you & others on this NG have
completely *ignores* the relevant section of copyright law, that states
that a copy of work, *fixed* in some form, *is* property, and thus
subject to applicable property laws. The WindowsXP CD, in my home, that
I paid for, is *my property*, and by extension the *copy* of Windows that
exists on that CD, is *my property*. The *copyright* to Windows remains
with Microsoft and I can make no claim to it.

Whether or not I have the right to fairly use that copy of Windows on
more than one of my computers (if I had more than one) may or *may not
be* subject to the "one computer-one copy" licensing term enclosed with
it. Since that provision of the license has never been argued in a court
of law, the legality of it hasn't truly been determined.

So try this analogy on for size: if I buy a music CD, and in that CD it
says, "For listening on a single stereo only," do I then have to go out
and buy more copies of that CD in order to listen to it on all my various
audio devices? Or would my right to fairly use the CD that I own trump
the provision? This hypothetical is a much more accurate analogy to
whether multiple installs (for private, noncommercial use) is a "fair
use" or not.
 
Actually, if tested in court, it would hold up.

Based on what? If "one computer-one copy" is tested in court, against a
home user for private, noncommercial use, on *what basis* is there to
award damages for violation of the term? You can't say "he saved money
not buying the second copy" because it's a circular argument. You can't
say he's deriving an economic/commercial beneft. You can't say it's
harmed the marketplace for Windows because my use of two copies doesn't
mean MS can't sell my neighbour a copy. You can't say it's copyright
infringement because he legally owns the copy in his possession and
there's a "fair use" argument to be made. So what's left? The value of
the words on the paper that the EULA is printed on?

No economic damage to MS + no law violated = no case. Against a
commercial user, it would probably hold up because you've got the
economic benefit being derived that you can pin damages on, but against a
home user, I highly doubt it.
 
Lindsay, after spending 3 minutes figuring out which end of the pen to use,
wrote:
That is a stupid analogy. Theft is going into a shop and taking the CD
without paying. I bought the CD and no license can dictate what I do in my
own home. It's just a license agreement and NOT a law! If I breach the
license agreement then all that can possibly happen is MS not giving me
support. The software cannot be described as a component of the computer
either, because how can a license be a component? After all, I bought a
license and NOT software.

Common sense is a characteristic seriously lacking in those in here who have
their noses so far up M$'/BG's ass that they haven't had a breath of fresh air
for at*least* 2 years.
In other words, you're trying to explain physics to toadstools. The main
toadstool, Michael, will even try to tell you just where and how the laws
*should* be...hard to believe a bunch of toadstools can act like a censorship
comittee/witch hunt club. (I personally think it's some deep seated psychotic
want, to breathe fresh air and see what sunlight actually looks like...if
toadstools actually had thoughts of course)

Joh N.
 

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