Windows XP Licensing questions

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Guest

Hello,

Licensing questions. I believe I have asked in the past, but I don't yet
have satisfactory knowledge. Here's my set of 3 questions regarding OEM
software:

A) When is it permissible to buy and install an OEM version of Microsoft
Software on your own PC?

B) Is it permissible under current Microsoft Licensing to resell an
unused/unactivated copy of Windows XP OEM if you found that after acquiring
it you had no use for it or do you have to install it on a PC in order to
sell it?

C) Restitution:

What restitution does Microsoft require if you have not followed their
licensing requirements?

What restitution does Microsoft require if you have installed illegal
software in the past, however the computers you installed them on are no
longer in operation.

Please note, I'm looking for the absolute right thing to do from a legal and
Microsoft's own perspective.

Thanks in advance,

--Matt
(e-mail address removed)
 
Others may be able to answer much better, but IMO its one Windows, one
computer. If you own a Windows OS, it goes in one and only one PC. If that
PC croaks? usually the disk goes first? gently move it into a spare slot,
buy a new disk drive and install your one Windows on the one PC.

There are websites that apparently claim its ok to use OEM versions royalty
free? no, the answer is you go to Best Buy or where ever and buy the windows
version and have confidence its a good, legal product. No worries.

restitution? If someone has the contact info for that dept?
 
Matt said:
Hello,

Licensing questions. I believe I have asked in the past, but I don't yet
have satisfactory knowledge. Here's my set of 3 questions regarding OEM
software:

A) When is it permissible to buy and install an OEM version of Microsoft
Software on your own PC?

B) Is it permissible under current Microsoft Licensing to resell an
unused/unactivated copy of Windows XP OEM if you found that after acquiring
it you had no use for it or do you have to install it on a PC in order to
sell it?

C) Restitution:

What restitution does Microsoft require if you have not followed their
licensing requirements?

What restitution does Microsoft require if you have installed illegal
software in the past, however the computers you installed them on are no
longer in operation.

Please note, I'm looking for the absolute right thing to do from a legal and
Microsoft's own perspective.

Thanks in advance,

--Matt
(e-mail address removed)
Click to expand...

As I understand it, and the laws in your country may be different from
the ones in my country, an OEM licence is an aggrement between you and
the supplier of the OEM software, in fact they, not Microsoft, are
responsible for support so my answers to your questions are :-

A. Depends, it may be that you need to purchase a full system or a
qualifying piece of hardware - this depends on the supplier.

B. Depends on the agreement between you and the supplier of the OEM
software, you may be able to sell it with the hardware that the licence
was sold with.

C. It has nothing to do with Microsoft, it all revolves around the OEM
EULA (End User Licence Agreement)

Others may, and probably will have different views on the above and
rules and regs will probably vary from one geographic area to another.
 
Matt Mucklo said:
A) When is it permissible to buy and install an OEM version of
Microsoft
Software on your own PC?
Click to expand...

Any legitimate OEM copy can be installed on any machine, but once
installed it is to remain tied to the computer in which it was
installed. The OEM copy requires you to include the purchase of
qualifying hardware (which can be as simple as a power cable). It is
unclear in the EULA that the OEM license is usurped when that qualifying
hardware is installed in a larger component, like installing the power
cable into a computer case, but it seems bent that way. It can be read
that the license remains tied to the qualifying hardware and that you
can move the OEM license when you move the qualifying hardware, or it
can be inferred that the OEM license remains tied to the computer in
which it first gets installed despite what happens to the qualifying
hardware (I believe most subscribe to the later statement).
B) Is it permissible under current Microsoft Licensing to resell an
unused/unactivated copy of Windows XP OEM if you found that after
acquiring
it you had no use for it or do you have to install it on a PC in order
to
sell it?
Click to expand...

If you didn't install it, you can resell it as long as you also include
the qualifying hardware that was used to purchase that OEM copy (which
might just be as simple as a power cable). The license and qualifying
hardware go together. If you bought it with a computer then that was
the qualifying hardware whether you installed the OEM copy or not. If
you buy the OEM copy separate of a computer then it is not yet tied to
any particular computer. There is nothing from preventing you from
inserting yourself as yet another middleman in the sales chain.
C) Restitution:

What restitution does Microsoft require if you have not followed
their
licensing requirements?
Click to expand...

You buy another license. A legitimate one.
What restitution does Microsoft require if you have installed
illegal
software in the past, however the computers you installed them on are
no
longer in operation.
Click to expand...

Doesn't matter if they are in operation or not. Selling stolen goods to
a pawn shop doesn't relinquish your guilt in the theft simply because
you don't have those goods anymore. So what if they are not in
operation now. They were in operation before and were illegal licenses
then. They are still illegal licenses whether the host is inuse or not.
It is legally possible for Microsoft to confiscate the equipment and/or
sue you for damages but that is unlikely (unless you're talking about
hundreds of illegal licenses). Wipe the drives. Destroy the illegal
copies.
Please note, I'm looking for the absolute right thing to do from a
legal and
Microsoft's own perspective.
Click to expand...

I wouldn't bother with Microsoft's perspective but only what is
stipulated in the EULA(s), the contract(s) under which you agreed to use
their product(s). That is ALL you are legally liable for (but beware
that some conditions in their EULA may not be enforceable in your
region; it is a template contract).

Wipe the drives (after saving your data files), destroy the illegal
copies, and start using legit licenses hereafter. It is doubtful
Microsoft cares much to waste the time and money to nail you for your
past sins unless they were immensely egregious sins. If you are posting
from Monash University regarding personal sins, don't worry. If you are
posting as a representative of Monash University, could be you're in for
some trouble now, so talk to your university's legal dept.
 
My advice--contact your lawyer. No one here can offer you anything but
opinions.
PS-- b is no single copies from opened multipacks can only be distributed
with hardware or sold to another licensed OEM system builder. They cannot be
sold to individuals.

--
Larry Samuels Associate Expert
MS-MVP (2001-2005)
Unofficial FAQ for Windows Server 2003 at
http://pelos.us/SERVER.htm
Expert Zone-
 
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