Win98SE to WinXP Upgrade clean install

[Guest]

I have an legal OEM Win98SE CD (that's installed on my laptop). I need to
perform a clean install from a WinXP Home Upgrade w/SP2 disc on my desktop
computer (on a virtual machine). I'm good to go, right?

Please say yes.

 

[Pegasus \(MVP\)]

I have an legal OEM Win98SE CD (that's installed on my laptop). I need to
perform a clean install from a WinXP Home Upgrade w/SP2 disc on my desktop
computer (on a virtual machine). I'm good to go, right?

Please say yes.

Yes.

 

[Doug Knox MS-MVP]

No, it isn't. The 98 OEM version was installed on the laptop. That ties the license to the laptop. Using it for an upgrade to XP on the laptop would be legal, but not using it as proof of eligibility for an install on the Desktop. It will work, but it is a violation of the OEM EULA for the 98 disc.

 

[--Alias--]

No, it isn't. The 98 OEM version was installed on the laptop. That ties the license to the laptop. Using it for an upgrade to XP on the laptop would be legal, but not using it as proof of eligibility for an install on the Desktop. It will work, but it is a violation of the OEM EULA for the 98 disc.

What, pray tell, is the difference? The end result is the same except
that with a clean install the OP will have eliminated anything that was
screwed up on the 98 install.

Alias

 

[Bruce Chambers]

I have an legal OEM Win98SE CD (that's installed on my laptop). I need to
perform a clean install from a WinXP Home Upgrade w/SP2 disc on my desktop
computer (on a virtual machine). I'm good to go, right?

Please say yes.

Not if you've any integrity, no. The OEM Win98 license is
_permanently_ bound to the first computer on which it's installed, and
is not legitimately transferable to any other computer, under any
circumstances. However, Win98 has no copy-protection built-in to
prevent this bit of software piracy you're contemplating.


--

Bruce Chambers

Help us help you:



They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety. -Benjamin Franklin

Many people would rather die than think; in fact, most do. -Bertrum Russell

 

[--Alias--]

Not if you've any integrity, no.

Why do you bring morality into a technical/legal question, Bruce?

The OEM Win98 license is
_permanently_ bound to the first computer on which it's installed, and
is not legitimately transferable to any other computer, under any
circumstances. However, Win98 has no copy-protection built-in to
prevent this bit of software piracy you're contemplating.

Being as he isn't transferring it, how is it a violation, much less
"software piracy"? He's just going to use it to validate installing XP,
not 98. Nothing from 98 will be installed. The next thing you know,
they'll start charging for security updates with the "logic" that the OS
has changed and therefore needs a new license.

Alias

 

[--Alias--]

What, pray tell, is the difference? The end result is the same except
that with a clean install the OP will have eliminated anything that was
screwed up on the 98 install.

Alias

Sorry, I didn't notice that there were two computers involved. Please
see my reply to Bruce.

Alias

 

[Bruce Chambers]

Why do you bring morality into a technical/legal question, Bruce?

Because I happen to feel that integrity is important, regardless of the
endeavor.

Being as he isn't transferring it, how is it a violation, much less
"software piracy"? He's just going to use it to validate installing XP,
not 98.

Never read the Upgrade EULA? In order to legitimately use an upgrade
license, the qualifying license must be assigned to the target computer.
So yes, he is attempting to transfer the OEM license.

Nothing from 98 will be installed.

Not relevant, from the Upgrade license's point of view. The OP will
be, in effect, "telling" the Upgrade CD that he has a Win98 license on
the new computer.




--

Bruce Chambers

Help us help you:



They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety. -Benjamin Franklin

Many people would rather die than think; in fact, most do. -Bertrum Russell

 

[Doug Knox MS-MVP]

Since, in this case, it will be used as "proof of eligibility" for the XP Home Upgrade installation, that 98 license then becomes part of the Windows XP installation, and is bound to that installation.

As before, while it will work, it is a violation of the EULA.

 

[--Alias--]

Since, in this case, it will be used as "proof of eligibility" for the XP Home Upgrade installation, that 98 license then becomes part of the Windows XP installation, and is bound to that installation.

As before, while it will work, it is a violation of the EULA.

Which means nothing, being as no EULA has been confirmed in a court of law.

Alias

 

[--Alias--]

Because I happen to feel that integrity is important, regardless of
the endeavor.

Well, abiding by EULAs that never, ever, have the paying customer in
mind; are not available to read until it's too late to get your money
back; and, always have MS in mind is your idea of integrity?

Never read the Upgrade EULA? In order to legitimately use an
upgrade license, the qualifying license must be assigned to the target
computer. So yes, he is attempting to transfer the OEM license.


Not relevant, from the Upgrade license's point of view. The OP will
be, in effect, "telling" the Upgrade CD that he has a Win98 license on
the new computer.

Oh well, if he wants to do it, he will have to breach the EULA and
suffer no consequences except that people like you think he has no
integrity for using something "improperly" that he paid for.

Alias

 

[Bruce Chambers]

Well, abiding by EULAs that never, ever, have the paying customer in
mind; are not available to read until it's too late to get your money
back; and, always have MS in mind is your idea of integrity?

The integrity, or lack thereof, of the other party to an agreement has
absolutely *zero* bearing upon my integrity. Or are you arguing that
two wrongs make a right?

Oh well, if he wants to do it, he will have to breach the EULA and
suffer no consequences except that people like you think he has no
integrity for using something "improperly" that he paid for.

True. And he'd be proving that his signature on any other contracts
(mortgage, car loan, credit card application, etc.) is completely
worthless. If he's willing to renege on one contract, what's to hold
him to others? Oh, I know - enforcement. So you're saying that people
should be honest only if they might get caught doing otherwise.


--

Bruce Chambers

Help us help you:



They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety. -Benjamin Franklin

Many people would rather die than think; in fact, most do. -Bertrum Russell

 

[Bruce Chambers]

Which means nothing, being as no EULA has been confirmed in a court of law.

Alias

Still living in the state of denial? This was settled in 1996, as far
as the US goes (We already know that Spain and the rest of the EU show
little respect for intellectual property laws of other nations, so you
needn't point that out, yet again).

A federal appeals court ruled long ago that software EULAs in general
are binding contracts under the Uniform Commercial Code. And the
general terms of WinXP's EULA are displayed on the box, anyway, not that
the law requires this.

Procd, Inc. v. Zeidenberg
http://www.law.emory.edu/7circuit/june96/96-1139.html


--

Bruce Chambers

Help us help you:



They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety. -Benjamin Franklin

Many people would rather die than think; in fact, most do. -Bertrum Russell

 

[--Alias--]

The integrity, or lack thereof, of the other party to an agreement
has absolutely *zero* bearing upon my integrity. Or are you arguing
that two wrongs make a right?

No, I am saying that sneaky EULAs are worthless and this is proved by
the fact that MS has never taken anyone to court for breach of an EULA.

True. And he'd be proving that his signature on any other contracts
(mortgage, car loan, credit card application, etc.) is completely
worthless.

Um, you get to read the above contracts before signing them and forking
over your money. Apples/oranges.

If he's willing to renege on one contract, what's to hold
him to others?

The EULA is not a contract. Not one representative of MS is there to
sign it the same time as the customer *before* forking over the money.

Oh, I know - enforcement. So you're saying that people
should be honest only if they might get caught doing otherwise.

If you are always honest, Bruce, you're the only person in the world
like that but I don't believe you. No one is always honest, especially
when "honesty" is an opinion, not an empirical fact.

For example, in the Gypsy culture in Spain, stealing from non gypsies,
or Payos, is not only all right, it is actively encouraged and
respected. It is against their culture, however, to steal from each
other. So, you have an *opinion* as to what is integrity and others have
different opinions. Which is correct is a matter of *opinion*, not fact.

Alias

 

[--Alias--]

Still living in the state of denial? This was settled in 1996, as
far as the US goes (We already know that Spain and the rest of the EU
show little respect for intellectual property laws of other nations, so
you needn't point that out, yet again).

Yeah, Europe inclines to favor customers and the USA inclines to favor
corporations. What else is new?

A federal appeals court ruled long ago that software EULAs in
general are binding contracts under the Uniform Commercial Code. And
the general terms of WinXP's EULA are displayed on the box, anyway, not
that the law requires this.

Not the three I got. The EULA could only be seen after it was too late
to get my money back. I didn't get any box either.

Procd, Inc. v. Zeidenberg
http://www.law.emory.edu/7circuit/june96/96-1139.html

I wonder how much MS, the Music and Video industry, et al paid that judge.

Alias

 

[Plato]

I have an legal OEM Win98SE CD (that's installed on my laptop). I need to
perform a clean install from a WinXP Home Upgrade w/SP2 disc on my desktop
computer (on a virtual machine). I'm good to go, right?

http://www.winsupersite.com/showcase/windowsxp_sg_clean.asp
http://support.microsoft.com/?kbid=316941