Licence for WinXP Home OEM

Archived from groups: microsoft.public.windowsxp.general (More info?)

I have Windows XP OEM Home, that came with new computer about 3-4 years ago.
Computer went dead a long time ago and was dissambled.

Can i use this Windows XP Home OEM on other computer?
24 answers Last reply
More about licence winxp home
  1. Archived from groups: microsoft.public.windowsxp.general (More info?)

    In news:D8B86452-7A50-4FEF-8DC5-CEE559A57ABC@microsoft.com,
    Alex <Alex@discussions.microsoft.com> typed:

    > I have Windows XP OEM Home, that came with new computer about
    > 3-4
    > years ago. Computer went dead a long time ago and was
    > dissambled.
    >
    > Can i use this Windows XP Home OEM on other computer?


    One of the major disadvantages of OEM versions is that their
    license ties them permanently to the first computer they are
    installed on. So no, you may not legally do this.

    Moreover, it may not even be possible. Some OEM copies are
    BIOS-locked to the computer they came with.

    --
    Ken Blake - Microsoft MVP Windows: Shell/User
    Please reply to the newsgroup
  2. Archived from groups: microsoft.public.windowsxp.general (More info?)

    "Ken Blake" wrote:


    > One of the major disadvantages of OEM versions is that their
    > license ties them permanently to the first computer they are
    > installed on. So no, you may not legally do this.
    >
    >
    > --
    > Ken Blake - Microsoft MVP Windows: Shell/User
    > Please reply to the newsgroup
    >
    >
    Where in EULA or in booklet (came with OEM) this is said?
    I only found that support is provided by OEM partner, and that this is sold
    with new computers. But i don't any words about permanent connection to first
    computer.
    I thought, that if XP OEM will install on computer, than all is good?
  3. Archived from groups: microsoft.public.windowsxp.general (More info?)

    In news:D0589849-1827-4922-A93A-594878D43066@microsoft.com,
    Alex <Alex@discussions.microsoft.com> typed:

    > "Ken Blake" wrote:
    >
    >
    >> One of the major disadvantages of OEM versions is that their
    >> license ties them permanently to the first computer they are
    >> installed on. So no, you may not legally do this.
    >>
    >>
    >> --
    >> Ken Blake - Microsoft MVP Windows: Shell/User
    >> Please reply to the newsgroup
    >>
    >>
    > Where in EULA or in booklet (came with OEM) this is said?


    In this paragraph of the OEM EULA:

    " * Software as a Component of the Computer - Transfer. THIS
    LICENSE MAY NOT BE SHARED,
    TRANSFERRED TO OR USED CONCURRENTLY
    ON DIFFERENT COMPUTERS. The SOFTWARE
    is licensed with the HARDWARE as a single integrated
    product and may only be used with the HARDWARE. If the
    SOFTWARE is not accompanied by new HARDWARE, you may
    not use the SOFTWARE. You may permanently transfer all
    of your rights under this EULA only as part of a
    permanent sale or transfer of the HARDWARE, provided
    you retain no copies, if you transfer all of the SOFTWARE
    (including all component parts, the media and printed
    materials, any upgrades, this EULA and the Certificate
    of Authenticity), and the recipient agrees to the terms
    of this EULA. If the SOFTWARE is an upgrade, any
    transfer must also include all prior versions of the
    SOFTWARE. "


    > I only found that support is provided by OEM partner, and that
    > this
    > is sold with new computers. But i don't any words about
    > permanent
    > connection to first computer.
    > I thought, that if XP OEM will install on computer, than all is
    > good?


    Sorry, I can't understand that last sentence at all. Can you
    clarify it?

    --
    Ken Blake - Microsoft MVP Windows: Shell/User
    Please reply to the newsgroup
  4. Archived from groups: microsoft.public.windowsxp.general (More info?)

    "Alex" <Alex@discussions.microsoft.com> wrote in message
    news:D8B86452-7A50-4FEF-8DC5-CEE559A57ABC@microsoft.com
    > I have Windows XP OEM Home, that came with new computer about 3-4
    > years ago. Computer went dead a long time ago and was dissambled.
    >
    > Can i use this Windows XP Home OEM on other computer?

    Depending on the computer manufacturer, it may well be tied to the BIOS on
    the old computer.

    --
    Frank Saunders, MS-MVP OE
    Please respond in Newsgroup only. Do not send email
    http://www.fjsmjs.com
    Protect your PC
    http://www.microsoft.com./athome/security/protect/default.aspx
    http://defendingyourmachine.blogspot.com/
  5. Archived from groups: microsoft.public.windowsxp.general (More info?)

    Alex wrote:
    > I have Windows XP OEM Home, that came with new computer about 3-4
    > years ago. Computer went dead a long time ago and was dissambled.
    >
    > Can i use this Windows XP Home OEM on other computer?

    According to MS, no. According to reality, maybe, if you can come up
    with a story that is very convincing.

    --
    Peace!
    Kurt
    Self-anointed Moderator
    microscum.pubic.windowsexp.gonorrhea
    http://microscum.com/mscommunity
    "Trustworthy Computing" is only another example of an Oxymoron!
    "Produkt-Aktivierung macht frei"
  6. Archived from groups: microsoft.public.windowsxp.general (More info?)

    An OEM license for Windows XP is permanently bound to the first
    computer it is installed and activated on. If your computer dies,
    so does the license. Only a "Retail Version" of Windows XP may
    be transferred to another computer system.

    --
    Carey Frisch
    Microsoft MVP
    Windows XP - Shell/User
    Microsoft Newsgroups

    -------------------------------------------------------------------------------------------

    "Alex" wrote:

    | Where in EULA or in booklet (came with OEM) this is said?
    | I only found that support is provided by OEM partner, and that this is sold
    | with new computers. But i don't any words about permanent connection to first
    | computer.
    | I thought, that if XP OEM will install on computer, than all is good?
  7. Archived from groups: microsoft.public.windowsxp.general (More info?)

    On Fri, 16 Sep 2005 15:32:31 -0500, "Carey Frisch [MVP]"
    <cnfrisch@nospamgmail.com> wrote:

    >An OEM license for Windows XP is permanently bound to the first
    >computer it is installed and activated on. If your computer dies,
    >so does the license. Only a "Retail Version" of Windows XP may
    >be transferred to another computer system.

    Alex sorry about the Hijack

    Carey I have changed a faulty MOBO several times in the past for
    clients and got the OEM re-activated after calling M$ and explaining,
    never had a problem. Presumably this is at M$ discretion but if I can
    get a new MOBO fitted and activated I can then change all the other
    components over a several months and end up with a "New" PC with the
    OEM from a totally different PC?

    Actually I have done just that with one of mine, the only original
    component now is the front USB slot and its not connected. Changes
    started with the MOBO, M$ re-activated it for me and went on for about
    8 months. Still on its original SP1 OEM Installation and it validates.
    OK its the only PC I know of out of the hundreds I fix which is
    entirely different from its original spec but there must be more.

    Jonah
  8. Archived from groups: microsoft.public.windowsxp.general (More info?)

    Been reading the OEM posts/replies for sometime now. Find them very
    inaccurate regarding my own experiences with my own home PC.
    Specifically OEM XP w/SP1, purchased with hardware type OEM.

    First clean installed on homebuilt PC. Then, a motherboard change. Did
    another clean install. Activated fine over the internet. Many hardware
    changes later, was forced to reactivate. MS gave me a new product key,
    after I gave them the former product key. No questions asked.

    So, I read all the mumbo-jumbo legal stuff spouted by those who are just ab
    libbing. Glad to see someone with some reality experience. Thanks for
    sharing some reality, not ab libbing.
    "Jonah" <jonah@nowhere.com> wrote in message
    news:0aemi19iqn29q2rari1mfl1dmakgnbj90s@4ax.com...
    > On Fri, 16 Sep 2005 15:32:31 -0500, "Carey Frisch [MVP]"
    > <cnfrisch@nospamgmail.com> wrote:
    >
    > >An OEM license for Windows XP is permanently bound to the first
    > >computer it is installed and activated on. If your computer dies,
    > >so does the license. Only a "Retail Version" of Windows XP may
    > >be transferred to another computer system.
    >
    > Alex sorry about the Hijack
    >
    > Carey I have changed a faulty MOBO several times in the past for
    > clients and got the OEM re-activated after calling M$ and explaining,
    > never had a problem. Presumably this is at M$ discretion but if I can
    > get a new MOBO fitted and activated I can then change all the other
    > components over a several months and end up with a "New" PC with the
    > OEM from a totally different PC?
    >
    > Actually I have done just that with one of mine, the only original
    > component now is the front USB slot and its not connected. Changes
    > started with the MOBO, M$ re-activated it for me and went on for about
    > 8 months. Still on its original SP1 OEM Installation and it validates.
    > OK its the only PC I know of out of the hundreds I fix which is
    > entirely different from its original spec but there must be more.
    >
    > Jonah
    >
    >
  9. Archived from groups: microsoft.public.windowsxp.general (More info?)

    Alex wrote:
    > I have Windows XP OEM Home, that came with new computer about 3-4 years ago.
    > Computer went dead a long time ago and was dissambled.
    >
    > Can i use this Windows XP Home OEM on other computer?


    Technically, the answer depends upon the specific type of OEM
    installation CD you received with the computer. If it was a generic OEM
    CD, such as distributed by small systems builders, it should install.
    If, however, you have a branded OEM CD provided by a major computer
    manufacturer, it probably will not install, and almost certainly should
    not activate. If you have an OEM Recovery/Restore CD, it very probably
    can't be used on any computer other than the make/model for which it was
    designed.

    Legally, the answer depends upon where you live. If you live in the
    United States, or another country that recognizes intellectual property
    laws that actually protect the creator of the property, and/or the laws
    of other countries, then an OEM version must be sold with a piece of
    hardware (normally a motherboard or hard rive, if not an entire PC) and
    is _permanently_ bound to the first PC on which it's installed. An OEM
    license, once installed, is not legally transferable to another computer
    under _any_ circumstances. If, however, you live in a country where
    intellectual property laws and the rights of the creators are given
    short shrift, such as Russia, China, India, and parts of the EU, then it
    may be legal to reuse an OEM license. Of course, such "legality" does
    not magically bestow technical capability, so the conditions mentioned
    in the first paragraph still apply.

    Ultimately, the answer depends upon *your* sense ethics. When you
    first booted up that old computer with the OEM license, you were
    prompted to either agree to the license terms, or not. From your post,
    it seems clear that you agreed to be bound by the terms of the OEM
    license. So, if your given word has *NO* value, if your signature on a
    contract is meaningless, if you have no integrity, then you can feel
    free to attempt to reuse that OEM license.


    --

    Bruce Chambers

    Help us help you:
    http://dts-l.org/goodpost.htm
    http://www.catb.org/~esr/faqs/smart-questions.html

    You can have peace. Or you can have freedom. Don't ever count on having
    both at once. - RAH
  10. Archived from groups: microsoft.public.windowsxp.general (More info?)

    Alex wrote:
    >

    >
    > Where in EULA or in booklet (came with OEM) this is said?
    > I only found that support is provided by OEM partner, and that this is sold
    > with new computers. But i don't any words about permanent connection to first
    > computer.


    From the WinXP OEM EULA:

    "The term 'COMPUTER' as used herein shall mean the HARDWARE, if the
    HARDWARE is a single computer system, or shall mean the computer system
    with which the HARDWARE operates, if the HARDWARE is a computer system
    component."

    "The SOFTWARE is licensed with the HARDWARE as a single integrated
    product and may only be used with the HARDWARE. If the SOFTWARE is
    not accompanied by new HARDWARE, you may not use the SOFTWARE. You may
    permanently transfer all of your rights under this EULA only as part of
    a permanent sale or transfer of the HARDWARE, provided you retain no
    copies, if you transfer all of the SOFTWARE (including all component
    parts, the media and printed materials, any upgrades, this EULA and the
    Certificate of Authenticity), and the recipient agrees to the terms
    of this EULA."


    > I thought, that if XP OEM will install on computer, than all is good?


    Even if it installs, it may not activate, as Microsoft has recently
    tightened the activation process as it regards OEM licenses.


    --

    Bruce Chambers

    Help us help you:
    http://dts-l.org/goodpost.htm
    http://www.catb.org/~esr/faqs/smart-questions.html

    You can have peace. Or you can have freedom. Don't ever count on having
    both at once. - RAH
  11. Archived from groups: microsoft.public.windowsxp.general (More info?)

    Jonah wrote:
    >
    > Carey I have changed a faulty MOBO several times in the past for
    > clients and got the OEM re-activated after calling M$ and explaining,
    > never had a problem. Presumably this is at M$ discretion but if I can
    > get a new MOBO fitted and activated I can then change all the other
    > components over a several months and end up with a "New" PC with the
    > OEM from a totally different PC?
    >
    > Actually I have done just that with one of mine, the only original
    > component now is the front USB slot and its not connected. Changes
    > started with the MOBO, M$ re-activated it for me and went on for about
    > 8 months. Still on its original SP1 OEM Installation and it validates.
    > OK its the only PC I know of out of the hundreds I fix which is
    > entirely different from its original spec but there must be more.
    >
    > Jonah
    >
    >


    According to its EULA, an OEM license may not be transferred from
    one distinct PC to another PC. Nothing is said about prohibiting one
    from repairing or upgrading the PC on which an OEM license is installed.

    Now, some people believe that the motherboard is the key component
    that defines the "original computer," but the OEM EULA does not make any
    such distinction. Others have said that one could successfully argue
    that it's the PC's case that is the deciding component, as that is where
    one is instructed to affix the OEM CoA label w/Product Key. Again, the
    EULA does not specifically define any single component as the computer.
    Licensed Microsoft Systems Builders, who are allowed to distribute OEM
    licenses with computers they sell, are contractually obligated to
    "define" the computer as the motherboard, but this limitation/definition
    can't be applied to the end user until the EULA is re-written. This is
    the catch that has caught the OP: the computer manufacturer has to treat
    the repaired/upgraded computer as a different computer. Had the OP
    obtained the replacement motherboard from the original manufacturer,
    this issue wouldn't have arisen.

    Microsoft has, to date, been very careful _not_ publicly to define
    when an incrementally upgraded computer ceases to be the original
    computer. The closest I've ever seen a Microsoft employee come to this
    definition (in a public forum) is to tell the person making the inquiry
    to consult the PC's manufacturer. As the OEM license's support is
    solely the responsibility of said manufacturer, they should determine
    what sort of hardware changes to allow before the warranty and support
    agreements are voided. To paraphrase: An incrementally upgraded
    computer ceases to be the original computer, as pertains to the OEM
    EULA, only when the *OEM* says it's a different computer. If you've
    built the system yourself, and used a generic OEM CD, then _you_ are the
    "OEM," and _you_ get to decide when you'll no longer support your product.


    --

    Bruce Chambers

    Help us help you:
    http://dts-l.org/goodpost.htm
    http://www.catb.org/~esr/faqs/smart-questions.html

    You can have peace. Or you can have freedom. Don't ever count on having
    both at once. - RAH
  12. Archived from groups: microsoft.public.windowsxp.general (More info?)

    Winux P wrote:

    >
    >
    > If over the phone activation
    > is required, you tell the lovely PA person, you're activing this copy of XP
    > again cause your rebuilding after a corrupted system, like severe damage by
    > a virus or something.


    So, it's your presumption that the OP should be as totally lacking in
    integrity as you, and should be willing to lie? Granted, it's a sad
    world, but not everyone has yet sunk to your level.


    >It's your WinXP, you paid for it, the decision is
    > yours.


    Ah, proof of concept! An outright lie. We all know perfectly well
    that WinXP does not belong to the OP. It's intellectual property that
    belongs to its creator. The only thing the OP ever purchased was a
    license to use the product in accordance with the terms of said license.


    > EULA is so loop hole infested ....
    >


    Name one. Better yet, name a single court decision that invalidates
    the EULA.


    --

    Bruce Chambers

    Help us help you:
    http://dts-l.org/goodpost.htm
    http://www.catb.org/~esr/faqs/smart-questions.html

    You can have peace. Or you can have freedom. Don't ever count on having
    both at once. - RAH
  13. Archived from groups: microsoft.public.windowsxp.general (More info?)

    Bruce Chambers wrote:
    > Winux P wrote:
    >
    >>
    >>
    >> If over the phone activation
    >> is required, you tell the lovely PA person, you're activing this
    >> copy of XP again cause your rebuilding after a corrupted system,
    >> like severe damage by a virus or something.
    >
    >
    > So, it's your presumption that the OP should be as totally lacking in
    > integrity as you, and should be willing to lie? Granted, it's a sad
    > world, but not everyone has yet sunk to your level.

    It is more like sinking to MS's level. MS has yet to legally prove that
    they have the right to limit a persons use in the privacy of their home,
    so one FUD deserves another.

    >> It's your WinXP, you paid for it, the decision is
    >> yours.
    >
    >
    > Ah, proof of concept! An outright lie. We all know perfectly well
    > that WinXP does not belong to the OP. It's intellectual property that
    > belongs to its creator.

    Wrong. It is copyrighted material, and the author(s) is/are not
    necessarily the owners of the copyright.

    The copyright owner owns the copyright. The individual owns his/her
    copy of copyright material.

    > The only thing the OP ever purchased was a
    > license to use the product in accordance with the terms of said
    > license.

    They are the owner of a copy of copyrighted material as soon as they are
    sold that copy from the previous onwer, and usually it is not the owner
    of the copyright.

    The copy of copyrighted material does come with a post-sale shrink-wrap
    license, but there is not legal precedent that says a shrink-wrap
    license can change the conditions of sale of a copy of copyrighted
    material.

    >> EULA is so loop hole infested ....
    >>
    >
    > Name one. Better yet, name a single court decision that invalidates
    > the EULA.

    Actually, there isn't one that has invalidated a whole shrink-wrap
    license, but specific terms have been found unconscionable. Check out
    Klocek v. Gateway.

    --
    Peace!
    Kurt
    Self-anointed Moderator
    microscum.pubic.windowsexp.gonorrhea
    http://microscum.com/mscommunity
    "Trustworthy Computing" is only another example of an Oxymoron!
    "Produkt-Aktivierung macht frei"
  14. Archived from groups: microsoft.public.windowsxp.general (More info?)

    kurttrail wrote:

    >>Name one. Better yet, name a single court decision that invalidates
    >>the EULA.
    >
    >
    > Actually, there isn't one that has invalidated a whole shrink-wrap
    > license,


    Again, we agree on something. How unusual. Thanks for starting to see
    the light. There's hope for you, yet.


    > but specific terms have been found unconscionable. Check out
    > Klocek v. Gateway.
    >


    Granted, an "unconscionable contract can be invalidated by a court, but
    I don't see how you could possibly misinterpret Gateway's business
    practice/license regarding support to being pertinent to the question at
    hand. Got any court cases that actually address the subject under
    discussion?


    --

    Bruce Chambers

    Help us help you:
    http://dts-l.org/goodpost.htm
    http://www.catb.org/~esr/faqs/smart-questions.html

    You can have peace. Or you can have freedom. Don't ever count on having
    both at once. - RAH
  15. Archived from groups: microsoft.public.windowsxp.general (More info?)

    Bruce Chambers wrote:

    > Jonah wrote:
    >
    >>
    >> Carey I have changed a faulty MOBO several times in the past for
    >> clients and got the OEM re-activated after calling M$ and explaining,
    >> never had a problem. Presumably this is at M$ discretion but if I can
    >> get a new MOBO fitted and activated I can then change all the other
    >> components over a several months and end up with a "New" PC with the
    >> OEM from a totally different PC?
    >> Actually I have done just that with one of mine, the only original
    >> component now is the front USB slot and its not connected. Changes
    >> started with the MOBO, M$ re-activated it for me and went on for about
    >> 8 months. Still on its original SP1 OEM Installation and it validates.
    >> OK its the only PC I know of out of the hundreds I fix which is
    >> entirely different from its original spec but there must be more.
    >>
    >> Jonah
    >>
    >>
    >
    >
    > According to its EULA, an OEM license may not be transferred from
    > one distinct PC to another PC. Nothing is said about prohibiting one
    > from repairing or upgrading the PC on which an OEM license is installed.
    >
    > Now, some people believe that the motherboard is the key component
    > that defines the "original computer," but the OEM EULA does not make any
    > such distinction. Others have said that one could successfully argue
    > that it's the PC's case that is the deciding component, as that is where
    > one is instructed to affix the OEM CoA label w/Product Key. Again, the
    > EULA does not specifically define any single component as the computer.
    > Licensed Microsoft Systems Builders, who are allowed to distribute OEM
    > licenses with computers they sell, are contractually obligated to
    > "define" the computer as the motherboard, but this limitation/definition
    > can't be applied to the end user until the EULA is re-written. This is
    > the catch that has caught the OP: the computer manufacturer has to treat
    > the repaired/upgraded computer as a different computer. Had the OP
    > obtained the replacement motherboard from the original manufacturer,
    > this issue wouldn't have arisen.
    >
    > Microsoft has, to date, been very careful _not_ publicly to define
    > when an incrementally upgraded computer ceases to be the original
    > computer. The closest I've ever seen a Microsoft employee come to this
    > definition (in a public forum) is to tell the person making the inquiry
    > to consult the PC's manufacturer. As the OEM license's support is
    > solely the responsibility of said manufacturer, they should determine
    > what sort of hardware changes to allow before the warranty and support
    > agreements are voided. To paraphrase: An incrementally upgraded
    > computer ceases to be the original computer, as pertains to the OEM
    > EULA, only when the *OEM* says it's a different computer. If you've
    > built the system yourself, and used a generic OEM CD, then _you_ are the
    > "OEM," and _you_ get to decide when you'll no longer support your product.

    Bruce, Excellent! It has always been this way or the way
    it has evolved, as far back as I can remember and that is
    around 20 years.
  16. Archived from groups: microsoft.public.windowsxp.general (More info?)

    Bruce Chambers wrote:
    > kurttrail wrote:
    >
    >>> Name one. Better yet, name a single court decision that invalidates
    >>> the EULA.
    >>
    >> Actually, there isn't one that has invalidated a whole shrink-wrap
    >> license,
    >
    > Again, we agree on something. How unusual. Thanks for starting to
    > see the light. There's hope for you, yet.

    I don't believe I've claimed that the entire shrink-wrap license in
    unconscionable, just certain terms mainly as they pertain to private
    non-commercial use.

    >> but specific terms have been found unconscionable. Check out
    >> Klocek v. Gateway.
    >
    > Granted, an "unconscionable contract can be invalidated by a court,
    > but I don't see how you could possibly misinterpret Gateway's business
    > practice/license regarding support to being pertinent to the question
    > at hand. Got any court cases that actually address the subject under
    > discussion?

    Nope. But that goes both ways. Neither do you have any case that
    upholds private non-commercial use shrink-wrap license terms on
    copyrighted material.

    I believe that an individual's rights under the law trump any post-sale
    shrink-wrap license terms that tries to limit that individuals private
    non-commercial use in their home. And until proven otherwise, I have
    ever right to follow my opinion over that of you, MS, the BSA, and the
    entire lobby of the corporate copyright elite.

    --
    Peace!
    Kurt
    Self-anointed Moderator
    microscum.pubic.windowsexp.gonorrhea
    http://microscum.com/mscommunity
    "Trustworthy Computing" is only another example of an Oxymoron!
    "Produkt-Aktivierung macht frei"
  17. Archived from groups: microsoft.public.windowsxp.general (More info?)

    "Bruce Chambers" <bchambers@cable0ne.n3t> wrote
    >
    > Name one. Better yet, name a single court decision that invalidates the
    > EULA.
    >
    >
    > --
    >
    > Bruce Chambers

    Can you name a single court decision that validates it in regards to an end
    user who bought a generic OEM?

    Alias
  18. Archived from groups: microsoft.public.windowsxp.general (More info?)

    Alias wrote:

    >
    >
    > Can you name a single court decision that validates it in regards to an end
    > user who bought a generic OEM?
    >
    > Alias
    >
    >


    ` Certainly. Both I and your hero Kurttrail have done so repeatedly.

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


    --

    Bruce Chambers

    Help us help you:
    http://dts-l.org/goodpost.htm
    http://www.catb.org/~esr/faqs/smart-questions.html

    You can have peace. Or you can have freedom. Don't ever count on having
    both at once. - RAH
  19. Archived from groups: microsoft.public.windowsxp.general (More info?)

    Bruce Chambers wrote:
    > Alias wrote:
    >
    >> Can you name a single court decision that validates it in regards to
    >> an end user who bought a generic OEM?
    >
    > ` Certainly. Both I and your hero Kurttrail have done so repeatedly.
    >
    > Procd, Inc. v. Zeidenberg
    > http://www.law.emory.edu/7circuit/june96/96-1139.html

    1.) The material in question wasn't copyrighted material, but a
    database not covered under copyright law.

    2.) The EULA terms in question were about commercial uses, namely
    repackaging the database and selling it.

    So try again, Bruce.

    --
    Peace!
    Kurt
    Self-anointed Moderator
    microscum.pubic.windowsexp.gonorrhea
    http://microscum.com/mscommunity
    "Trustworthy Computing" is only another example of an Oxymoron!
    "Produkt-Aktivierung macht frei"
  20. Archived from groups: microsoft.public.windowsxp.general (More info?)

    "Bruce Chambers" <bchambers@cable0ne.n3t> wrote

    > Alias wrote:
    >
    >>
    >>
    >> Can you name a single court decision that validates it in regards to an
    >> end user who bought a generic OEM?
    >>
    >> Alias
    >
    >
    > ` Certainly. Both I and your hero Kurttrail have done so repeatedly.

    Kurt is not my hero. He makes some good points and he makes some bad points
    just like you. Many of your posts, btw, have been very helpful to me.

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

    1996? LOL! Win95 just came out. Show me a case that validates an XP OS EULA
    and in regards to an end user who has bought a generic OEM.

    Alias
    >
    > --
    >
    > Bruce Chambers
    >
    > Help us help you:
    > http://dts-l.org/goodpost.htm
    > http://www.catb.org/~esr/faqs/smart-questions.html
    >
    > You can have peace. Or you can have freedom. Don't ever count on having
    > both at once. - RAH
  21. Archived from groups: microsoft.public.windowsxp.general (More info?)

    Alias wrote:
    >
    >
    > 1996? LOL! Win95 just came out. Show me a case that validates an XP OS EULA
    > and in regards to an end user who has bought a generic OEM.
    >


    That's right, 1996. And in all of the time since then, the decision
    has not been overturned. It hasn't even been seriously challenged, to
    the best of my knowledge. That pretty much proves my point, I'd say.

    And you've never heard of the concept of legal precedent,
    apparently? The case clearly establishes that shrink-wrapped EULAs,
    until and unless *individually* proven invalid for cause, are
    enforceable contracts. No distinction is made to even hint that OEM
    EULAs are any different.


    --

    Bruce Chambers

    Help us help you:
    http://dts-l.org/goodpost.htm
    http://www.catb.org/~esr/faqs/smart-questions.html

    You can have peace. Or you can have freedom. Don't ever count on having
    both at once. - RAH
  22. Archived from groups: microsoft.public.windowsxp.general (More info?)

    That court case you people are talking about is for a Business not a
    home user.

    I really do not like xp eula. anyhow. Most places with a contract-you
    can negotiate and say no before the sell take place. Microsoft you
    can not.


    If you want something the real violates the eula and you even have to
    pay for it called http://www.litepc.com/


    Greg Ro
  23. Archived from groups: microsoft.public.windowsxp.general (More info?)

    On Sat, 17 Sep 2005 09:42:43 -0600, Bruce Chambers
    <bchambers@cable0ne.n3t> wrote:

    snip
    >
    > According to its EULA, an OEM license may not be transferred from
    >one distinct PC to another PC. Nothing is said about prohibiting one
    >from repairing or upgrading the PC on which an OEM license is installed.
    >
    > Now, some people believe that the motherboard is the key component
    >that defines the "original computer," but the OEM EULA does not make any
    >such distinction. Others have said that one could successfully argue
    >that it's the PC's case that is the deciding component, as that is where
    >one is instructed to affix the OEM CoA label w/Product Key. Again, the
    >EULA does not specifically define any single component as the computer.
    > Licensed Microsoft Systems Builders, who are allowed to distribute OEM
    >licenses with computers they sell, are contractually obligated to
    >"define" the computer as the motherboard, but this limitation/definition
    >can't be applied to the end user until the EULA is re-written. This is
    >the catch that has caught the OP: the computer manufacturer has to treat
    >the repaired/upgraded computer as a different computer. Had the OP
    >obtained the replacement motherboard from the original manufacturer,
    >this issue wouldn't have arisen.
    >
    > Microsoft has, to date, been very careful _not_ publicly to define
    >when an incrementally upgraded computer ceases to be the original
    >computer. The closest I've ever seen a Microsoft employee come to this
    >definition (in a public forum) is to tell the person making the inquiry
    >to consult the PC's manufacturer. As the OEM license's support is
    >solely the responsibility of said manufacturer, they should determine
    >what sort of hardware changes to allow before the warranty and support
    >agreements are voided. To paraphrase: An incrementally upgraded
    >computer ceases to be the original computer, as pertains to the OEM
    >EULA, only when the *OEM* says it's a different computer. If you've
    >built the system yourself, and used a generic OEM CD, then _you_ are the
    >"OEM," and _you_ get to decide when you'll no longer support your product.

    Bruce, that just about covers the issue as far as I am concerned. I AM
    the OEM...........Nice!............. much appreciated post.

    Thanks a lot

    Jonah
  24. Archived from groups: microsoft.public.windowsxp.general (More info?)

    "Bruce Chambers" <bchambers@cable0ne.n3t> wrote in message
    news:usk2k85uFHA.2328@TK2MSFTNGP10.phx.gbl...
    > Winux P wrote:
    >
    >>
    >>
    >> If over the phone activation is required, you tell the lovely PA person,
    >> you're activing this copy of XP again cause your rebuilding after a
    >> corrupted system, like severe damage by a virus or something.
    >
    >
    > So, it's your presumption that the OP should be as totally lacking in
    > integrity as you, and should be willing to lie? Granted, it's a sad
    > world, but not everyone has yet sunk to your level.

    I'm trying to pull you out from the drain pipe Bruce, at least onto the
    gutter.

    >
    >
    >>It's your WinXP, you paid for it, the decision is yours.
    >
    >
    > Ah, proof of concept! An outright lie. We all know perfectly well that
    > WinXP does not belong to the OP. It's intellectual property that belongs
    > to its creator.

    They can keep the IP. I'll keep the right of use at my discretion.

    > The only thing the OP ever purchased was a license to use the product in
    > accordance with the terms of said license.

    Upon agreement

    >
    >
    >
    >> EULA is so loop hole infested ....
    >>
    >
    >
    > Name one. Better yet, name a single court decision that invalidates the
    > EULA.

    Name one. - It's prematurally called an agreement.

    I'm waiting for a court to validate it.

    >
    >
    > --
    >
    > Bruce Chambers
    >
    > Help us help you:
    > http://dts-l.org/goodpost.htm
    > http://www.catb.org/~esr/faqs/smart-questions.html
    >
    > You can have peace. Or you can have freedom. Don't ever count on having
    > both at once. - RAH

    - Winux P
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