win xp installation

D

djsooriya

Hi,

I've got acer 4630 laptop and I was trying to install win xp on that.
but when I entered the product key it says "the product key is not
valid". but everyn's fine. i hv open licence of win xp I installed
that same in to acer 5220. it worked. Does anyone no the reason? pls
help me out.
 
S

Shenan Stanley

djsooriya said:
I've got acer 4630 laptop and I was trying to install win xp on
that. but when I entered the product key it says "the product key
is not valid". but everyn's fine. i hv open licence of win xp I
installed that same in to acer 5220. it worked. Does anyone no the
reason? pls help me out.

If the Windows XP license came with the other Acer computer (there is likely
a product key sticker on the other computer) then that is an OEM version and
can never be transferred from that Acer to *any* other machine in accordance
with the EULA (End-User License Agreement.)

Now - when you say "open license" - please elaborate on *your* meaning.

Where are you getting this product key you are using?

If - by open license - you mean a volume license, that's the key you would
use in all cases; not the product key on a sticker on the computer. That is
an OEM key and would fail like you have given an example of if used with
volume license media.
 
S

Stefan Kanthak

Shenan Stanley said:
If the Windows XP license came with the other Acer computer (there is likely
a product key sticker on the other computer) then that is an OEM version and
can never be transferred from that Acer to *any* other machine in accordance
with the EULA (End-User License Agreement.)

This is simply and COMPLETELY WRONG!
OEM versions of Windows may be transferred, even in the US, under "Fair Use".
In the EU the transfer is explicitly allowed and MUST NOT be restricted by
the vendor.
The EULA is NOT effective, since/when it is not made known to the buyer
BEFORE the the sale.

Stefan
 
S

Shenan Stanley

djsooriya said:
I've got acer 4630 laptop and I was trying to install win xp on
that. but when I entered the product key it says "the product key
is not valid". but everyn's fine. i hv open licence of win xp I
installed that same in to acer 5220. it worked. Does anyone no the
reason? pls help me out.

Shenan said:
If the Windows XP license came with the other Acer computer (there
is likely a product key sticker on the other computer) then that is
an OEM version and can never be transferred from that Acer to *any*
other machine in accordance with the EULA (End-User License
Agreement.)

Now - when you say "open license" - please elaborate on *your*
meaning.

Where are you getting this product key you are using?

If - by open license - you mean a volume license, that's the key
you would use in all cases; not the product key on a sticker on the
computer. That is an OEM key and would fail like you have given an
example of if used with volume license media.

Stefan said:
This is simply and COMPLETELY WRONG!
OEM versions of Windows may be transferred, even in the US, under
"Fair Use". In the EU the transfer is explicitly allowed and MUST
NOT be restricted by the vendor.
The EULA is NOT effective, since/when it is not made known to the
buyer BEFORE the the sale.

<off-topic clarification>
I think what Stefan Kanthak is saying is you actually getting into any sort
of trouble for doing the transfer "ain't going to happen". I did not say
there was a technical limitation to you using Windows XP licenses of any
type over and over on many different machines (and I have pointed out the
opposite in past postings.) Any other argument Stefan Kanthak may have
would be nothing more than that - an unproven argument that borders on the
edge of topics no one currently (that I know of) involved in the
conversation is sufficiently qualified to discuss.

The agreement you and/or your OEM agreed to by installation/activation/use
prohibits the transfer of the license to another computer. That's what I
stated before (that is what the EULA says, that is what I said it says.)
Whether or not it would hold up in a court case - that's not my call ( nor
is it likely Stefan Kanthak's. ;-) )

The OEM support web pages for OEM resellers has a FAQ section - in that
section, two questions pertinent to this discussion are asked - here they
are:

Transfer of License
------------------------
Q. Can my customers transfer or sell their OEM software licenses?
A. After an OEM software license has been installed on a PC, the license may
not be installed on or transferred to another PC. However, the entire PC may
be transferred to another end user along with the software license rights.
When transferring the PC to the new end user the software media, manuals (if
applicable) and certificate of authenticity label must be included. It is
also advisable to include the original purchase invoice or receipt. The
original end user cannot keep any copies of the software.

Q. My customer bought a new PC and wants to move their OEM software from the
old PC to the new one. Can't they do whatever they want with the software?
A. The OEM software is licensed with the computer system on which it was
originally installed and is tied to that original machine. OEM licenses are
single-use licenses that cannot be installed on more than one computer
system even if the original machine is no longer in use. The end user
license agreement (EULA) accepted by the customer before they use the
software, states that the license may not be shared, transferred to or used
concurrently on different computers. The System Builder is required to
provide end-user support for the Windows license. A System Builder can not
support a license that has been moved from a PC they manufactured to one
that they did not - this is a fundamental reason why OEM System Builder
licenses can't be transferred.
</off-topic clarification>


Now - if the original poster would answer the query asked of them about the
type of license they have (since they basically inferred volume licensing)
so we can actually answer their question before things went zealotly
off-subject - it could be that they are simply using the wrong type of key
(as I already implied) for the media they are using.
 
S

Stefan Kanthak

[...]
Shenan said:
If the Windows XP license came with the other Acer computer (there
is likely a product key sticker on the other computer) then that is
an OEM version and can never be transferred from that Acer to *any*
other machine in accordance with the EULA (End-User License
Agreement.)
[...]

Stefan said:
This is simply and COMPLETELY WRONG!
OEM versions of Windows may be transferred, even in the US, under
"Fair Use". In the EU the transfer is explicitly allowed and MUST
NOT be restricted by the vendor.
The EULA is NOT effective, since/when it is not made known to the
buyer BEFORE the the sale.

<off-topic clarification>
I think what Stefan Kanthak is saying is you actually getting into any sort
of trouble for doing the transfer "ain't going to happen". I did not say
there was a technical limitation to you using Windows XP licenses of any
type over and over on many different machines (and I have pointed out the
opposite in past postings.) Any other argument Stefan Kanthak may have
would be nothing more than that - an unproven argument that borders on the
edge of topics no one currently (that I know of) involved in the
conversation is sufficiently qualified to discuss.

No, this is NOT what I've been writing.
The agreement you and/or your OEM agreed to by installation/activation/use
prohibits the transfer of the license to another computer. That's what I
stated before (that is what the EULA says, that is what I said it says.)
Whether or not it would hold up in a court case - that's not my call ( nor
is it likely Stefan Kanthak's. ;-) )

The (german) high court case is for example referenced in
<http://www.heise.de/newsticker/meldung/10493>, the complete text is here:
<http://juris.bundesgerichtshof.de/c...m&Datum=2000-7&nr=22588&linked=urt&Blank=1&fi
le=dokument.pdf>
Especially in german law EULAs or other restrictions that are not made
known to the customer BEFORE the sale are invalid and not binding. AFAIK
this holds now in the EU too.

I don't know of any similar legal case in the US, but the Fair Use Doctrine
might cover the transfer of OEM "licenses" there too (IANAL).
The OEM support web pages for OEM resellers has a FAQ section - in that
section, two questions pertinent to this discussion are asked - here they
are:

Transfer of License

Both Q/A are the view of MSFT, but not necessarily the actual legislation.
Since only the OEM or SB, but not the end user has a contract with MSFT,
MSFT can't restrict the end users usage of the product.
OTOH: IANAL
</off-topic clarification>

Stefan
 

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