Windows XP legality

[gibno1]

I purchased XP about one month ago.

It states that I cannot make a copy of this disk.

I strongly disagree with that statement.

What if I had purchased one of those computers that
already had XP on them and they fatally crash? I have had
5 fatal crashes in 4 days due to SBC-Yahoo DSL software.
Finally fixed that by removing everything that said SBC in the
Add/ remove in control Panel (as instructed by SBC Tech) Now
I am looking at this one disk in a "jewel case" and wondering what
I am going to do if that disk gets a bad scratch or otherwise wears
out in the future? What would you do? I pretty much know what
I am going to do.

Your comments?

 

[JTY]

You can legally make 1 backup copy. They probably put that warning there to make some moron think twice about trying to make a copy for someone else.

 

[k1pp3r]

but yet they give instructions on their site for slipstreaming sp2

 

[Sib]

You are allowed fair use of anything you own. Making backups is one of the uses.

Now making copies of it and giving it and the product key out to your friends is not legal, nor is it legal to have it installed on two seperate pieces of hardware.

 

[djnes]

Now making copies of it and giving it and the product key out to your friends is not legal, nor is it legal to have it installed on two seperate pieces of hardware.

That's exactly right. I create ISOs of all my important software and store them on my secure server, which backs up to tape. If I should happen to ever scratch and break a disc, I can make a legit copy.

 

[Apallohadas]

That's exactly right. I create ISOs of all my important software and store them on my secure server, which backs up to tape. If I should happen to ever scratch and break a disc, I can make a legit copy.

You're more paranoid than I am!

The voices are restless again

 

[Phoenix86]

A copied DISK in not illegal. Technically a copied KEY isn't illegal, though you may have other issues with activation/whatever. It's still not illegal.

A copied INSTALL is illegal.

The paper license is what matters, it's not the CD or the CD key that's important. I could install XP with a known bad key, a copied disk, and if I get caught, but have a legal licenses, I will be OK.

If you own 1 copy, and have 1 copy installed your kosher regardless of the media or key. Of course you always want to use your own keys to avoid any other issues.

 

[Phoenix86]

That's exactly right. I create ISOs of all my important software and store them on my secure server, which backs up to tape. If I should happen to ever scratch and break a disc, I can make a legit copy.

If your going through all that you might as well just use a burned CD as your used media, and keep the original CDs as the backups. That way if your used media goes our just create a 1-1 copy from the orignal which was stored in a safe place. Should be easier on you back solution since you don't have to keep the ISOs, but will require you to burn the disks as soon as you get them... Just another way to do things.

 

[djnes]

If your going through all that you might as well just use a burned CD as your used media, and keep the original CDs as the backups. That way if your used media goes our just create a 1-1 copy from the orignal which was stored in a safe place. Should be easier on you back solution since you don't have to keep the ISOs, but will require you to burn the disks as soon as you get them... Just another way to do things.

That is one way I do it as well. My VLK XP CD is pre-SP1. I keep it on a shelf, but I've used it to make a slipstreamed SP2 CD. Same key, etc.

 

[Stormshade]

I created a Slipstreamed XP Pro SP2 cd that copes the Entire CD to HDD, installs then Installs My Entire office 2003 Suite before it finishes the install, Makes it EASY to reinstall

 

[SJConsultant]

If your going through all that you might as well just use a burned CD as your used media, and keep the original CDs as the backups. That way if your used media goes our just create a 1-1 copy from the orignal which was stored in a safe place. Should be easier on you back solution since you don't have to keep the ISOs, but will require you to burn the disks as soon as you get them... Just another way to do things.

I create ISOs of all my CDs as well, but I use backup copies of CD's to do the OS install. The rest of my apps, service packs, and such are installed using virtual CDs linked to ISOs.

 

[drizzt81]

I purchased XP about one month ago.

It states that I cannot make a copy of this disk.

Your comments?

my comment: learn how to read, IIRC it says "Do not make illegal copies of this disk" (my emphasis), which doesn't prevent you from making the backup copy that you are entitled to.

 

[Rombus]

my comment: learn how to read, IIRC it says "Do not make illegal copies of this disk" (my emphasis), which doesn't prevent you from making the backup copy that you are entitled to.

QBTPTTWROOMM
"Quoted because this post took the words right out of my mouth!"

All my MS disks have that exact statment on them.

 

[BobSutan]

I should also point out that the same thing applies to CDs, DVDs, and games: you are entitled to one archival copy.

 

[eeyrjmr]

OK then whats your lot's view's on those "recovery" CD's

you know the ones that PC World, Dixons, Comet et al ship

bascially a pre-activated version of XP and it is just a harddrive image. It is also locked to your motherboard. Thus IF you upgrade it then it no longer works - and thus your copy of XP is void!!!

personally I think this is wrong!! a few companies will provide the full XP disk (for £50 extra) but most completly refuse!

 

[BobSutan]

That's definitely a grey area. If the computer is sold with XP, then you own that copy of XP, regardless of how they would like for you to use it. However, depending on the laws where you reside, software licenses may or may not be legally binding, which is exactly what these kinds of OS bundles rely on. By and large, software licenses are not legally binding until upheld in court (or have been so already). The main reason for this is because contracts cannot be agreed to after the fact, nor can a minor enter into a contract such those specified by licenses since they are in fact minors.

 

[SJConsultant]

OK then whats your lot's view's on those "recovery" CD's

you know the ones that PC World, Dixons, Comet et al ship

bascially a pre-activated version of XP and it is just a harddrive image. It is also locked to your motherboard. Thus IF you upgrade it then it no longer works - and thus your copy of XP is void!!!

personally I think this is wrong!! a few companies will provide the full XP disk (for £50 extra) but most completly refuse!

Vendors who provide recovery CDs with a preactivated OS have a special OEM agreement with Microsoft. The EULA is basically the same as if you purchased an OEM copy straight from Newegg or any other retailer.

The OEM Eula states the license is tied to the first machine it is installed on and is not transferable to another machine (read motherboard) or another person. In either case of having a recovery CD or buying an OEM copy, if you install on a different system, your violating the Eula.

I am fully aware of the grey area involved with software licenses, I am simply providing the information on how it's "supposed" to work.

 

[eeyrjmr]

So are you saying that for every machine you ever build you MUST buy a new OS, even though at any 1 time you have 1 machine working!!! and thus one activated copy of MS windows

 

[SJConsultant]

So are you saying that for every machine you ever build you MUST buy a new OS, even though at any 1 time you have 1 machine working!!! and thus one activated copy of MS windows

If you use an *OEM* copy, then yes. If you use a retail copy, the Eula allows for transferring the OS from one system to another provided the OS is only installed and used on one machine.

Again, this is how it is supposed to work, not necessarily what people do.

 

[dgb]

I should also point out that the same thing applies to CDs, DVDs, and games: you are entitled to one archival copy.

Depends what country you are in, but for the US this is correct AFAIK. For Australia it isn't.

 

[Vile]

The CD actually says "Do Not Make Illegal Copies Of This Disc"

Since making a copy for personal use/backup (as long as your own the orignal) is not illegal, you're in the clear.

 

[Phoenix86]

So are you saying that for every machine you ever build you MUST buy a new OS, even though at any 1 time you have 1 machine working!!! and thus one activated copy of MS windows

If you use an *OEM* copy, then yes. If you use a retail copy, the Eula allows for transferring the OS from one system to another provided the OS is only installed and used on one machine.

Again, this is how it is supposed to work, not necessarily what people do.

Acutally isn't the answer to his questions yes & no depending on the situation? Yes if he changes all the hardware, no if he keeps that "special" piece of hardware that he bought the OEM license with?

It's my understanding you can buy an OEM license with a Y adapter. Buy all the other hardware for a PC. Install the OS and use for some time. Later, buy all new hardware. Remove the Y adapter and OS from the first PC, build and install the second PC. Install linux or other wise licensed software on the first PC.

Since you moved the piece of hardware with the OS you can reinstall the OS on a new machine with an OEM license.

With a complete OEM built system, this isn't possible because they tie the license to the MB. Since you bought your OEM with a Y adapter (heck some places don't even make you buy anything), you have more flexability.

Am I missing something here?

 

[SJConsultant]

Acutally isn't the answer to his questions yes & no depending on the situation? Yes if he changes all the hardware, no if he keeps that "special" piece of hardware that he bought the OEM license with?

It's my understanding you can buy an OEM license with a Y adapter. Buy all the other hardware for a PC. Install the OS and use for some time. Later, buy all new hardware. Remove the Y adapter and OS from the first PC, build and install the second PC. Install linux or other wise licensed software on the first PC.

Since you moved the piece of hardware with the OS you can reinstall the OS on a new machine with an OEM license.

With a complete OEM built system, this isn't possible because they tie the license to the MB. Since you bought your OEM with a Y adapter (heck some places don't even make you buy anything), you have more flexability.

Am I missing something here?

Yes and No There are 2 Eulas involved here, the seller's and the buyer's.

When you purchase an OEM OS with a hardware product, that fulfills the OEM *seller's* Eula for selling the product.

The end user's (buyer) Eula is tied to the motherboard *not* the hardware product you purchased with the software.

Again, this is how it's supposed to work, not necessarily what others do (sellers and buyers included).

 

[rcolbert]

And another note on copying. Fair use is applicable to XP installation media copies, but does not extend to DVD copies, or any other media where you need to circumvent any form of encryption or copy protection technology in order to make the copy. Thanks DMCA. That's why DVD Xcopy is out of business, (while dozens of other free and commercial DVD ripping solutions continue to be available.)

Which makes it especially ironic that EA has a posted tech note on how to fix a problem when you're running Alcohol 120% with Battlefield Vietnam, which is a SafeDisk protected CD-ROM. But I digress...

By the way, installing software with license key that you don't own even though you do have a valid license and are otherwise entitled to install the software is still illegal.

 

[Phoenix86]

The end user's (buyer) Eula is tied to the motherboard *not* the hardware product you purchased with the software.

This has been bothering me for a while now, because I can't find this in black and white. Where can I read that above statement from MS?

Does that mean everyone who is re-using OEM licenses on new mobos is illegal? If that's the case, why do vendors sell 1 piece of hardware (not a mobo) with the OEM license?

Now I'm definatly confused... probably...

 

[SJConsultant]

This has been bothering me for a while now, because I can't find this in black and white. Where can I read that above statement from MS?

Does that mean everyone who is re-using OEM licenses on new mobos is illegal? If that's the case, why do vendors sell 1 piece of hardware (not a mobo) with the OEM license?

Now I'm definatly confused... probably...

I will compose a document with relevant information and links for your viewing pleasure. Give me a couple days to get it all together.

 

[Phoenix86]

I will compose a document with relevant information and links for your viewing pleasure. Give me a couple days to get it all together.