Windows XP Issue (Activation) II

[kurttrail]

No, he put in a video card that worked, but he took it out and used
another that the system didn't support with the current BIOS, so, he
made a choice to pirate a copy for his Mom after he didn't have time
to get a working card for the system.

Now, do you understand the real issue here - it was inconvenient for
him to fix it correctly.

It is fixed, moron. It is subjective whether it is fixed "correctly" or
not. And what matters isn't whether YOU think it is the correct fix,
but whether his mom thinks it is fixed to HER satisfaction. It is HER
computer, not YOURS!

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[Woody]

really . how about 2 licences - 2 installations ? for you to accuse him of
piracy is absolutely ludicrous , but after following this thread , i would
expect no less .

 

[Leythos]

really . how about 2 licences - 2 installations ? for you to accuse him of
piracy is absolutely ludicrous , but after following this thread , i would
expect no less .

How do you explain two installations of the same activation key - what
would you call that?

Two installations using two different keys is perfectly valid - and was
possible, he just chose the shorter solution.

Installation of XP on two systems with the same product key is a clear
violation of the EULA and is considered piracy.

 

[kurttrail]

So, you're just saying that it's OK because he's not likely to be
picked as the first test case?

I am saying that it is NOT a "simple fact" that the EULA has been
violated, unless MS is willing to prove it to be one in a court of law.
Brush up on contract law. One has EVERY right to break any contract
when you feel that the terms are objectionable, and then it is up to the
other party to persue the matter in court. If they don't, then there is
nothing legally wrong that has been done.

Just because you or Microsoft think it is a "simple fact" doesn't
legally make it one, until it proven to be one by the preponderance of
the evidence in a court of law. That one of the reasons we have courts,
to establish the facts in disputes between parties. MS, or YOU, are not
the final arbiter of what "simple facts" are.

MS has had over a decade to persue this kind of EULA dispute partaining
to Windows and how individuals use their copies of software, yet hasn't
used due diligence in seeking enforcement in a real court of law, as
they'd rather keep the facts out of the matter in order to fool people
into more copies of software than they really need. And in a case, like
this, where the second copy was only used to be able to use software
that was already legally purchased, MS would stand a big risk of losing,
since they have already been paid for the mother's use of Windows XP.

So when MS gets the balls to try to legally enforce its Bullsh*t EULA on
private individuals, give me a call, but until then, the ONLY fact is
that MS's EULA usage rules on private non-commercial individuals has
NEVER been proven to legally enforceable!

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[Leythos]

the ONLY fact is
that MS's EULA usage rules on private non-commercial individuals has
NEVER been proven to legally enforceable!

Which clearly means that it's not been proven to NOT be enforceable -
opposite side of the same coin.

 

[kurttrail]

Kurt, it doesn't matter to me how or if he fixed it - and you fail to
see the issue he wanted addressed: His method of fixing the computer
did not have to entail (by his own words) the installation of the new
BIOS or the pirating of an XP install.

So what? It is already done and over with.

He asked about the legality of
what he did and doesn't like the answers he been given.

There was no "pirating." He just installed his copy on a machice that
already had a copy of XP licensed to it. And there is no legal
precedent to call what he did as "pirating," is there? Just because you
THINK or BELIEVE or ASSUME it is, doesn't legally make is so!

If you don't have anything constructive or correct to give to the
group you should leave.

Make me, moron.

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[kurttrail]

Which clearly means that it's not been proven to NOT be enforceable -
opposite side of the same coin.

Under contract law it is not up to the party of the second part to sue
to break a contract, all they have to do is break it. It is up to the
party of the first part to sue to enforce the contract, if they want to
LEGALLY enforce it. So the matter of due diligence in up to MS, not
it's customers.

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Kurt
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"Trustworthy Computing" is only another example of an Oxymoron!
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[kurttrail]

How do you explain two installations of the same activation key - what
would you call that?

Two installations using two different keys is perfectly valid - and
was possible, he just chose the shorter solution.

Installation of XP on two systems with the same product key is a clear
violation of the EULA and is considered piracy.

A contract dispute, since MS was paid for two copies of software.

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[Michael Stevens]

In

"1.) Will my or my Mom's PC render useless? (MS finding out and
disabling it
via Windows Update or some other technique?)"

"2.) Will I go to jail or get a fine?"

"3.) My best friend bought a Dell and ran over his restoration disk
with the
wheel of his chair, schmuck . Almost same scenario, he has the
right/license
to run it but can't. Can I install my copy onto his PC without getting
my PC
or my Mom's deactivated or rendered useless?"

"4.) Will I go to jail or get a fine if I also install it on my best
friend's
PC?"

I haven't seen you answer these questions from his original post
Mikey. All I've seen you do is play little games to avoid directly
answering these questions. The OP isn't asking any questions about
the BIOS he reflashed, so stop trying to use it to divert from
answering the OP's questions, or aren't you man enough to answer them
directly, and honestly?

I did pretty much answer the questions, just not line by line. I don't think
he is in violation of anything but the eMachines restore procedure. It's the
same MB, and from what I can determine same hardware it shipped with. You
answered his other questions.
I do think his method of barreling ahead without researching first is his
mistake. Plus what is so secretive about the problem that prompted the bios
flash in the first place?

To the OP.
To #1 #2 #4 There is little consequence you
could expect from your actions.

To #3 All your friends Dell needs is a OEM CD and use his Dell PK, if your
CD is OEM he can use it, if not his PK will not work.
I would like to think the eMachines PK would work on any OEM also, but I
guess not according to the OP.

--
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[Michael Stevens]

In

MOBOs are cheaper than XP

Alias

Probably not if he purchased one from eMachines and the only replacement he
could make and have the restore disks work.
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[Woody]

OMG , you are such an absolute ?????? , i can't even find the words to
describe you . kurt came pretty close with moron , but even that doesn't do
you justice .

you might think your self righteousness is upholding MS's cause but idiots
like you are just driving people to despise them .

if you really feel the OP to be a criminal then call the f'ing police or as
he said STFU . virtually all your replies were only for the purpose of
calling him and idiot while pretending you're such a f'ing expert on
computers and the law .

it's probably just your wet dreams of being an MVP .

 

[daygo140]

Bottom line is you shouldn't have flashed then. You pretty much did the

same thing as putting leaded gas in a non-lead gas car. Good luck with
your next motherboard.

Ok lemme guess you would of then just left it broke. Or better yet let YOUR
MOTHER lose potential business and current clients by having her computer
down for at least 2 more days in addition to the 3 days it was down when she
needs it no later than yesterday. It was 2 in the morning, another clients
video card that wasn't my property just borrowed to test, and an extra video
card that was for my brother's PC that I was building for him that I could
use as long as I flash the BIOS. As far as your comment, "putting lead gas
in a non-lead gas car" that was well thought...lol. The damn manufacturer
of the mobo programmed this BIOS for THIS mobo!!! Your comment suggests I
took a Asus board's BIOS and tried it in a FIC's board's BIOS. Again, well
thought comeback.

Or even better yet maybe you would of purchased another copy of Windows XP.
Which ends up equal to 2 licenses and only one copy of Windows XP running.
In that case maybe we should deactivate MS and sue them for double charging
for their OS. We have 2 licenses two copies of Windows XP running. I ain't
worried and my Mom keeps praising me to everyone and myself on how her
computer has never ran smoother. As far as the BIOS flash I used, it was
the 4th update to the original one eMachines included with the PC so not
only did have a fix for the vid card issue it also had many other fixes.

So what you are all saying. You buy a PC. Now you own it. You can't flash
your BIOS which in turn doesn't allow you to put just any video card in it
and you got to suffer with the issues of the original BIOS and not get
everything up to date and all the fixes to it? But your allowed to make
several hardware changes, video card, hard drive, PSU, optical drives, CPU,
RAM, etc. (basically build a new PC minus the mobo) and you can reinstall
Windows XP on it? I want the sh*t your smoking!

 

[kurttrail]

Woody wrote:

it's probably just your wet dreams of being an MVP .

That would be my guess, just other sycophant looking to become a MVP.

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[kurttrail]

In

I did pretty much answer the questions, just not line by line. I
don't think he is in violation of anything but the eMachines restore
procedure. It's the same MB, and from what I can determine same
hardware it shipped with. You answered his other questions.
I do think his method of barreling ahead without researching first
is his mistake. Plus what is so secretive about the problem that
prompted the bios flash in the first place?

Read the thread, he explained it, it just was that the explanation was
not necessary info to answer his questions about the possible
consequences for what he did.

To the OP.
To #1 #2 #4 There is little consequence you
could expect from your actions.

To #3 All your friends Dell needs is a OEM CD and use his Dell PK,
if your CD is OEM he can use it, if not his PK will not work.
I would like to think the eMachines PK would work on any OEM also,
but I guess not according to the OP.

If you had just answered him with this to begin with, instead of coming
down on the OP about the BIOS flashing and restore media, I wouldn't
have had any arguement with it. Thanks for being honest.

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[Woody]

;-)

 

[Leythos]

There was no "pirating." He just installed his copy on a machice that
already had a copy of XP licensed to it. And there is no legal
precedent to call what he did as "pirating," is there? Just because you
THINK or BELIEVE or ASSUME it is, doesn't legally make is so!

Just because he installed an unlicensed copy of Windows on his computer
does not make it legal and it doesn't matter what I think - in fact, by
definition he admitted he did violate the EULA.

 

[Leythos]

Ok lemme guess you would of then just left it broke. Or better yet let
YOUR MOTHER lose potential business and current clients by having her
computer down for at least 2 more days in addition to the 3 days it was
down when she needs it no later than yesterday.

If it was important enough that the computer could not be done without a
backup plan would have been implemented - as cheap as emachines are a
spare would have been available or a second system could have had the data
moved to it as a loaner until it was repaired. If not, then it was no so
so important enough to invalidate the license and support path and
possibly jeopardize future updates.

It was 2 in the morning, another clients
video card that wasn't my property just borrowed to test, and an extra
video card that was for my brother's PC that I was building for him that
I could use as long as I flash the BIOS.

Again, trying to justify the unauthorized installation of a key that was
not owned for the second install.

Fact of the matter is:

1) User installed a copy XP with with an already used authentication key -
this violates the EULA.

2) User had a clear means to fix the computer (and he's said this in his
own posts) without violating the license agreement and chose not to for
"convenience".

3) User asked if his violation of the EULA (second install of key) would
cause any problem - The simple answer is "Possibly, it's currently unknown
if there will be any issues with normal updates or service packs when
using a unauthorized key".

4) Have there been problems with invalidated keys in the past - YES. Many
systems were exposed when Service Pack 1 was installed, the update would
not install on machines that had keys that MS had identified as invalid or
over-used.

5) Does it make any difference if you like MS rules/EULA or not - NO!

Show me where any of the above 5 items are incorrect and if you can't then
STFU.

 

[kurttrail]

Just because he installed an unlicensed copy of Windows on his
computer does not make it legal and it doesn't matter what I think -
in fact, by definition he admitted he did violate the EULA.

By what LEGAL "definition" are you referring to?

Only the courts can legally define if a contract has been violated, not
any of the parties to that contract, and certainly not you!

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"Trustworthy Computing" is only another example of an Oxymoron!
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[Leythos]

By what LEGAL "definition" are you referring to?

Only the courts can legally define if a contract has been violated, not
any of the parties to that contract, and certainly not you!

Exactly, so you can't really spout that it's legal or not legal then can
you. So, by contract, it's not a legal install in the eyes of the vendor
and MAY be actionable if they choose.

 

[daygo140]

Just because he installed an unlicensed copy of Windows on his computer

does not make it legal and it doesn't matter what I think in fact, by
definition he admitted he did violate the EULA.

I there are 2 licenses 1 copy of Windows (Well technically 2 copies of
Windows, but only the one copy works). Get it right. You have a hard time
retaining information, and just LETTING IT GO! If it makes you feel any
better, I also have a copy of Windows XP Professional, Office 2003
Professional, Microsoft Wireless & Optical Keyboard and Mouse set, all of
which I paid for and only run the software on ONE of my PC's. I actually
love MS and what they did for the technical/digital era in the past decades.
But this WPA, OEM, retail crap sucks for us techs that have to fix PC's and
everybody who owns them.