Retail version of XP-Pro with new computer

[wojo]

You mean they don't?

I sure hope not. When I get old like you guys I don't want to have to think
about THAT during an exam! <grin>

 

[Ken Blake, MVP]

In

"Ken Blake, MVP" typed:

| Considering how loose Microsoft chooses to leave this, I
| think it hardly matters. As long as you keep some part of
| what you had, I think you can get away with calling it the
| same computer.



You are absolutely correct. In fact you are so correct, that if you
replace the video card, the system IS a new computer. For with-
out the video card, it's half the computer it used to be, in terms
of useability.

Do you also believe that if you change the spark plugs in your
car, that it's a new car? After all, all without the spark plugs,
it's even less than half the car it used to be, in terms of
usability.

And that brings up a point I've slowly been edging towards.

The license agreement is a two-party contract. The license is
between the end-user and Microsoft. The license IS NOT with
the computer system and the computer system can not have
a license. You see all contracts must involve two legitimate
parties. And these parties are typically human or organizational.
There is no concept of a computer being a party to any
contract. Just want to emphasize this fact. And want to make
sure you understand that there is no way in our legal system
currently to have a license with a computer system.

Nobody has ever remotely suggested that the computer is a party
to the licensing agreement. It's between you and Microsoft.

And for all intents and purposes, with the license being with
a person, if it went into a court of law, it's possible Microsoft
could lose the case

Until such a case is decided in court, it's always possible that
either party can lose it.

if they argued that the computer is licensed
for anything.

Of course they wouldn't do that. Again, nobody has suggested that
the computer is party to the agreement.

Microsoft does not own they computer and they
have NO right to say what goes on the computer or what can
not go onto the computer. And they have no right to say the
end-user does not own the computer and that the end-user
loses any rights to the computer.

All correct, but completely irrelevant.

When software is purchased,
the software is a legitimate good, it's physical in nature, it is
just like buying a car.

But that is *not* correct. You don't purchase Windows. Windows is
not for sale. What you purchase is a license to use Winodws. Even
more specifically, you purchase a license to use it in accordance
with the licensing agreement.

Ford can not license you to not install
new radios, new tires, etc. They can not restrict you to
using only FireStone tires.

Software is a car.

It is entirely different from a car. The one you buy, the other
you buy a license to use.

The machine that the software runs on is
only hardware and Microsoft can not restrict you to one
specific type of hardware.

Correct, but still irrelevant.

For them to even hint that you
are restricted in such a manner, is a violation of your rights.

They do no such hinting.

They cannot violate your rights. For if they violate your
rights, the contract/license is worthless.

Just wanted to emphasize a few things, and that is all.

Again, you have this backward. Microsoft is not telling you what
you can do with your hardware. They are telling you under what
terms you can use the license for Windows that you bought.

But if you disagree, I have a suggestion for you. Buy a Windows
CD, flagrantly violate the license in any way you see fit, and
send Microsoft notice of what you've done. Maybe even take ads in
national magazines explaining what you've done. With any luck,
Microsoft will sue you, and you can countersue. If your point of
view is correct, you'll win and make millions.

 

[Phil \(a.k.a. purplehaz\)]

You want me to give away my secrets? Seems many people / shops don't know
about this. Check out asus website.

 

[Phil \(a.k.a. purplehaz\)]

You missed the whole point of my second paragraph. You got all caught up in
longhorn somehow, but anyway, what I was saying is if you have an oem
computer, you have paid for windows xp oem version once. Now since the next
version of windows isn't due till 2006, most/many people will replace their
current computer before that time. When they do they buy oem again. Since
the next version isn't out yet you get windows xp oem version again. Now you
have paid for windows xp oem version twice. Once on each computer. If you
bought a computer with no os in the first place and installed windows xp
retail version, when you get the new computer you buy one with no os and
move your current windows xp to the new computer and toss, sell, give away
the old computer. Buying / paying for windows xp oem version twice in the
end is gonna cost you more than buying the retail first off. It's called
planning for future expenses.

I usually don't get caught up in threads like this. Misinformation
bothers me though. When Windows XP was first released, many of the
big name PC companies supplied System Recovery CDs, and some didn't
supply CDs at all (HP's terrible idea of the hidden partition comes
to mind). The negative feedback from the purchasers had the major PC
makers switch to the practice of supplying OEM Windows XP CDs tied to
the BIOS of the sold system. Maybe Dell didn't always supply Windows
XP OEM CDs. But, they do now, from laptops to Desktops. My last
couple of clients who bought "As Advertised" Dell specials got the
OEM Windows XP CDs. So Dell includes them even with their lower
priced systems, and they DO allow for Repair Installs.

I would agree that lower end PC makers like Emachine, and HP/Compaq
(which is the Packard Bell of this decade) either don't supply an OEM
Windows XP CD, or if they do, it might not have all of the features
of the Dell OEM Windows XP CD.

I don't understand though, the thought behind your mentioning that
the next version of Windows XP is due in 2006, and correlating that
with buying a retail version of Windows XP now. 2006 is a long time
away in PC years. The systems selling at that time will be radically
different from what you're using now. Longhorn isn't "the next
version of Windows XP." Microsoft at first envisioned Longhorn as a
minor upgrade from Windows XP. Longhorn has now evolved into the next
MAJOR version of the Windows operating system. I don't think that
getting a retail version of a Windows XP CD now, will matter a hill
of beans when it comes to Longhorn, BECAUSE Longhorn is so radically
different. As with any major new version of Windows, much hardware
will be orphaned, and the minimum specs for the hardware to run it,
even in Beta have been dramatically increased (2.0 GHz Pentium 4 and
1 GB RAM are recommended, which means those numbers will be higher
for better performance). Yes, OEM Windows XP CDs on new systems are
licensed limiting them to that system. If your aversion to an OEM
Windows XP CD is because of thoughts of upgrading the system that
you're buying to Longhorn, you're in for quite a surprise.

see below........

I've read through this thread. What I'm curious about is WHY it's
so important for you to have a retail/non-OEM version of Windows XP
Pro? If you buy from let's say Dell, the OEM version CD included is
virtually the same as the retail version, and is less expensive.

Dell and many other oems don't always give you a oem xp cd. Usually
you get a recovery cd which only formats and brings computer back to
day one - useless.
Some dells get oem cds, some get recovery cds. Most all other oems
give recovery cds.
I

haven't found anything that I can't do with Dell's OEM Windows XP
CD, that I'd be able to do with a retail version, with the
exception of installing it on another system, because it's tied to
the BIOS of the purchased system.

If you get a real oen xp cd, then yes its the same. Although I have
seen "real" oem xp cd's that do not allow you to a a repair install.
Also the retail version has no licensing limitations like the oem
version. I don't like to have limitations placed on me that are
unnecessary. You'll probably get a new computer before the next
version of xp, because xp came out in 2001 and the next version is
due in 2006, so most will go thru 2 computers in that time. So when
you do you'll have to pay another oem version fee. With the retail
version you pay once and that once is probably going to be lower
than two oem versions.

Anyway, there's Product Activation, which is
meant to keep you from illegally installing Windows XP from the same
CD on more than one system at a time. What's the need for a RETAIL
version, as long as you have the OEM Windows XP CD, rather than a
System Recovery CD. Never purchase a system that only includes a
System Recovery CD (worse is no CD at all, but the install files on
a hidden partition). The above refers to OEM Windows XP CDs
included with systems purchased from major PC companies like Dell.
If you ever need to install Windows XP Pro on another system, and
you have an old Windows 98 CD, or an old Windows ME CD, which is no
longer being used on any system, you can purchase the retail
Windows XP Pro Upgrade CD, which is by far less expensive than the
full version, but contains all that the full version does, and when
asked for proof of upgrade eligibility, swap the CD for the
versions mentioned above, give the path to the old CD and when
verified, swap back to the Windows XP Pro Upgrade CD and continue
the install.


T.C.
t__cruise@[NoSpam]hotmail.com
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When buying a new computer, can I insist on a retail version CD-ROM
of XP-Pro rather than an "OEM" version?
Thanks, CGS