Windows COA license question

[The Linuxator]

I have an authentic windows XP home edition cd sp1 that have found inside a cheap PC that I have bought for a mod project from a garage sale.

I don't have the cd-key for that, and I don't want to bother calling microsoft about it at the current time, now my thinkpad R50e came with xp home edition sp2 preinstalled on it, I immediatly formatted it and installed fedora core 4 because I have no need for windows XP on my laptop as I already have a dual boot with windows XP pro on my main rig.

So the question is can I use the COA license that came with my thinkpad, inorder to install win xp home on desktop PC should the need to do so arises.
I am basing my opinion on the idea that usually win xp can be installed on one desktop and one laptop at the same time, so maybe this applies here too.

 

[firewall]

No. It's probably an OEM version which is bound to a machine. There is something in the liscense about it. Go read the liscence.

 

[The Linuxator]

Ok lets consider another scenario what if I want to use the xp home SP1 cd to install xp home on my Thinkpad using the COA of the thinkpad ?
Keep in mind that the thinkpad COA is for Xp home Sp2 and the xp home cd is SP1

 

[dclive]

Originally posted by: The Linuxator
Ok lets consider another scenario what if I want to use the xp home SP1 cd to install xp home on my Thinkpad using the COA of the thinkpad ?
Keep in mind that the thinkpad COA is for Xp home Sp2 and the xp home cd is SP1

You use one license per machine you've installed it on.

The legality of bundling has yet to be fully explored in court, from what I've read. Most legal opinions I've read state you can take a copy of XP that was installed on a Dell, destroy the Dell/put Linux on the hard drive/etc., and take that copy of XP and use it elsewhere. Now Dell can lock things up so you can't do this (BIOS locks, etc.) and if they choose to do that you're out of luck (because you bought the product, after all), but if you can install it on other hardware, you're allowed to do so because you bought the software.

 

[egkenny]

Originally posted by: dclive

Originally posted by: The Linuxator
Ok lets consider another scenario what if I want to use the xp home SP1 cd to install xp home on my Thinkpad using the COA of the thinkpad ?
Keep in mind that the thinkpad COA is for Xp home Sp2 and the xp home cd is SP1

You use one license per machine you've installed it on.

The legality of bundling has yet to be fully explored in court, from what I've read. Most legal opinions I've read state you can take a copy of XP that was installed on a Dell, destroy the Dell/put Linux on the hard drive/etc., and take that copy of XP and use it elsewhere. Now Dell can lock things up so you can't do this (BIOS locks, etc.) and if they choose to do that you're out of luck (because you bought the product, after all), but if you can install it on other hardware, you're allowed to do so because you bought the software.

That is certainly not Microsoft's opinion. Legal opinions mean nothing unless they are tested in court. Here is Microsoft's "opinion":

"Another common misconception is that you can transfer a preinstalled or OEM copy of Windows from an "old" machine to a new machine. An OEM software license may not be transferred from and old machine to a new machine?even if that machine is no longer in use. The OEM license is tied to the machine on which it was originally installed and can't be transferred to other machines...."

Another misconception you state is that you "bought the software". What you bought was a license. Use of this license is governed by the EULA which stated what you are allowed to do and not do with the licensed software you obtained.

 

[The Linuxator]

Originally posted by: egkenny

Originally posted by: dclive

Originally posted by: The Linuxator
Ok lets consider another scenario what if I want to use the xp home SP1 cd to install xp home on my Thinkpad using the COA of the thinkpad ?
Keep in mind that the thinkpad COA is for Xp home Sp2 and the xp home cd is SP1

You use one license per machine you've installed it on.

The legality of bundling has yet to be fully explored in court, from what I've read. Most legal opinions I've read state you can take a copy of XP that was installed on a Dell, destroy the Dell/put Linux on the hard drive/etc., and take that copy of XP and use it elsewhere. Now Dell can lock things up so you can't do this (BIOS locks, etc.) and if they choose to do that you're out of luck (because you bought the product, after all), but if you can install it on other hardware, you're allowed to do so because you bought the software.

That is certainly not Microsoft's opinion. Legal opinions mean nothing unless they are tested in court. Here is Microsoft's "opinion":

"Another common misconception is that you can transfer a preinstalled or OEM copy of Windows from an "old" machine to a new machine. An OEM software license may not be transferred from and old machine to a new machine?even if that machine is no longer in use. The OEM license is tied to the machine on which it was originally installed and can't be transferred to other machines...."

Another misconception you state is that you "bought the software". What you bought was a license. Use of this license is governed by the EULA which stated what you are allowed to do and not do with the licensed software you obtained. I know that OEM Winxp can't be installed on another machine but I was just giving it a shot incase somone was able to make that work.

I don't have the need to transfer win xp home from my thinkpad to a desktop, but I was just checking if somone form personal experience was able to somehow, perhaps through a legal loophole.

But one thing I might considre , is that in case I want to sell my laptop on ebay I might want to uninstall Fedora core 4 from the thinkpad and install win xp home sp1 from the authentic cd that I have, one hurdle there is that the COA is for home SP2, the xp cd that I might use is an SP1 cd and I was wondering if the activation process might face any problems due to that conflict or if it's going to ignore that part and focus on the part that indicates that both the COA key and the cd are winxp home regardless of the SP version.

 

[dclive]

Originally posted by: egkenny

Originally posted by: dclive

Originally posted by: The Linuxator
Ok lets consider another scenario what if I want to use the xp home SP1 cd to install xp home on my Thinkpad using the COA of the thinkpad ?
Keep in mind that the thinkpad COA is for Xp home Sp2 and the xp home cd is SP1

You use one license per machine you've installed it on.

The legality of bundling has yet to be fully explored in court, from what I've read. Most legal opinions I've read state you can take a copy of XP that was installed on a Dell, destroy the Dell/put Linux on the hard drive/etc., and take that copy of XP and use it elsewhere. Now Dell can lock things up so you can't do this (BIOS locks, etc.) and if they choose to do that you're out of luck (because you bought the product, after all), but if you can install it on other hardware, you're allowed to do so because you bought the software.

That is certainly not Microsoft's opinion. Legal opinions mean nothing unless they are tested in court. Here is Microsoft's "opinion":

"Another common misconception is that you can transfer a preinstalled or OEM copy of Windows from an "old" machine to a new machine. An OEM software license may not be transferred from and old machine to a new machine?even if that machine is no longer in use. The OEM license is tied to the machine on which it was originally installed and can't be transferred to other machines...."

Another misconception you state is that you "bought the software". What you bought was a license. Use of this license is governed by the EULA which stated what you are allowed to do and not do with the licensed software you obtained.

Yes, and that's well and good (and interesting reading), but what does the law say? Microsoft can have any opinion it wants, naturally - what matters is what the law says. For example, has anyone ever been prosecuted for using a copy of XP on one computer, then destroying that computer and using XP on another computer?

 

[egkenny]

Originally posted by: dclive

Originally posted by: egkenny

Originally posted by: dclive

Originally posted by: The Linuxator
Ok lets consider another scenario what if I want to use the xp home SP1 cd to install xp home on my Thinkpad using the COA of the thinkpad ?
Keep in mind that the thinkpad COA is for Xp home Sp2 and the xp home cd is SP1

You use one license per machine you've installed it on.

The legality of bundling has yet to be fully explored in court, from what I've read. Most legal opinions I've read state you can take a copy of XP that was installed on a Dell, destroy the Dell/put Linux on the hard drive/etc., and take that copy of XP and use it elsewhere. Now Dell can lock things up so you can't do this (BIOS locks, etc.) and if they choose to do that you're out of luck (because you bought the product, after all), but if you can install it on other hardware, you're allowed to do so because you bought the software.

That is certainly not Microsoft's opinion. Legal opinions mean nothing unless they are tested in court. Here is Microsoft's "opinion":

"Another common misconception is that you can transfer a preinstalled or OEM copy of Windows from an "old" machine to a new machine. An OEM software license may not be transferred from and old machine to a new machine?even if that machine is no longer in use. The OEM license is tied to the machine on which it was originally installed and can't be transferred to other machines...."

Another misconception you state is that you "bought the software". What you bought was a license. Use of this license is governed by the EULA which stated what you are allowed to do and not do with the licensed software you obtained.

Yes, and that's well and good (and interesting reading), but what does the law say? Microsoft can have any opinion it wants, naturally - what matters is what the law says. For example, has anyone ever been prosecuted for using a copy of XP on one computer, then destroying that computer and using XP on another computer?

The tranfering of a Windows XP license to a new computer is perfectly legal according Microsoft for regular versions. I only stated that OEM versions could not be transferred.

When the user says yes to the license agreement that ratifies a binding contract on both sides. Fair or not the contract is still binding.

Another matter is the resolution if the user does not agree with the EULA. Several years ago Microsoft was challenged by computer buyers with preinstalled Windows. The buyers wanted a refund because they wanted to install Linux instead. There is also the matter of agreeing to not hold the software make responsible if harm is done by using the software. Someday someone is going to challenge this and win.

 

[nweaver]

The CD used to install is (mostly) irrelevant. If you have an older HP that came with an OEM XP Home (no SP) and bought a new one that came with and OEM XP Home w/SP2, you are just fine useing the SP2 disk to install windows on the old computer, as long as you use the key for the old computer. The important thing is the license/key. They SHOULD be unique for each install, unless you have purchased a volume license.

 

[dclive]

If that opinion is correct, people here are breaking the law left and right when they buy an OEM copy, then upgrade their motherboard - per MS that's a new computer and they need to purchase a new copy of XP.

I'd like to see a case on this one.

 

[nweaver]

May not stand up in court under pressure (not really tested yet) but it IS the EULA and you DO agree to it when you install windows.

 

[AlricTheMad]

True,
However since you can't read the EULA until you turn the PC on.........................
The EULA is generaly not available in such a way as to keep the PC and dump the software without agreeing to the EULA after reading it.

 

[egkenny]

You can read the EULA on the Windows XP Installation CD: \I386\Eula.txt

During installation you are given a chance to read the EULA. You then must hit F8 to agree with it and continue.

After instalation you can find the EULA on the Windows XP Boot drive (C:
\Windows\System32

If you disagree with the EULA and do not install the software (or make a copy of it) you have no recourse but to return the software and get a refund. How many retailers are willing to refund money for opened software? Otherwise Microsoft would have to be willing to refund the money for it. I have not heard of anyone doing either.

 

[dclive]

Yes, but the question is - is that legal? No one doubts the EULA says exactly what you've said it does - we all know it's there and anyone can read it if they dig a bit.

If someone sells me a spade and says I can use it to dig only one pool and can't use it to dig any other pools, is that legal? Is it moral? Is it rational?

Even if they sell more expensive spades that are the same, in which they would "allow" me to dig more than one pool? How does that change anything?

Do they have the right to designate to me what I can and cannot dig with that spade?

Note I'm not asking for, say, a warranty of suitability saying the spade will be good for digging more than one pool - after all, perhaps it's a cheaply made spade that could break after the first pool, but in any case, I should be able to dig whatever I want to dig with it, right?

(Let's ignore, for the moment and the sake of argument, piracy.)