OT: Microsoft Windows License Question

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OT: Microsoft Windows License Question

Postby HockeyTownUSA » Tue, 18 Nov 2003 09:44:05 GMT

Most everyone here is quite PC and O/S saavy, so maybe you can help decipher
the appropriate license interpretation.

I own a Windows98SE CD with a product key (license). I also have a laptop
that I purchased a year or so ago without any Windows CD, however the laptop
came with a Windows98SE product key, so I used that license when I installed
Windows98SE using the CD I already had. Now I am selling the laptop, and I
know I am in my right to have Windows98SE installed on it using the product
key that came with the laptop, but is it ok to supply a copy of the Win98SE
disk I have, granted the new user uses the product key?

From what I get out of the EULA, this should be legal, considering that (1)
the EULA allows one copy of software for archival purposes and (2) when
transferring a license you must surrender any and all material related to
that license (including backup copy). Granted my copy came from another CD,
but the laptop still holds a legal license.

Here's how the pertient EULA items read:

(1)
Back-up Copy. If Manufacturer has not included a back-up copy of the
SOFTWARE PRODUCT with the COMPUTER, you may make a single back-up copy of
the SOFTWARE PRODUCT. You may use the back-up copy solely for archival
purposes. Back-up Utility. If the SOFTWARE PRODUCT includes a Microsoft
back-up utility, you may use the utility to make the single back-up copy.
After the single back-up copy is made, the backup utility will be
permanently disabled. Except as expressly provided in this EULA, you may not
otherwise make copies of the SOFTWARE PRODUCT, including the printed
materials accompanying the SOFTWARE.


(2)
Software Product Transfer. 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, you transfer all of the SOFTWARE
PRODUCT (including all component parts, the media and printed materials, any
upgrades, this EULA and, if applicable, the Certificate(s) of Authenticity),
and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT
is an upgrade, any transfer must also include all prior versions of the
SOFTWARE PRODUCT.


Thanks for anyone that can help clarify this.




Re: OT: Microsoft Windows License Question

Postby scott s. » Tue, 18 Nov 2003 10:50:33 GMT

"HockeyTownUSA" < XXXX@XXXXX.COM > wrote in




Can't give you anything authoratative, but I would be cautious, since
the laptop license may not cover the identical product as the retail
box version (we know that is the case for Win XP, frinstance).  I
take it the retail box was a full version, not an upgrade version with 
the sniffer on it?

From a m{*filter*}perspective, I don't think I would have any problem 
doing this, since it seems consistent with the rights granted by 
the license.

scott s.
.

Re: OT: Microsoft Windows License Question

Postby HockeyTownUSA » Tue, 18 Nov 2003 11:00:40 GMT

The retail Win98SE I have is the FULL version not upgrade. The license on
the laptop mentions "Windows 98SE" specifically and not OEM only. I have had
OEM licenses before and it had OEM in the product key.










Re: OT: Microsoft Windows License Question

Postby erimies » Tue, 18 Nov 2003 19:26:35 GMT

On Sun, 16 Nov 2003 19:44:05 -0500, "HockeyTownUSA"
< XXXX@XXXXX.COM > posted:


slightly ot, I have a hp computer that has a win98 recovery cd. can I buy
the xp pro upgrade? will it work with the recovery win98 cd?

Re: OT: Microsoft Windows License Question

Postby Cobblers! » Wed, 19 Nov 2003 01:08:40 GMT

On Sun, 16 Nov 2003 19:44:05 -0500, "HockeyTownUSA"




No. You can't legally supply a *copy* of the disk. You would have to
give them the original disk and destroy any copies you mayy have in
your possesion. You are legally only allowed to have one install per
installation disk. You can purchase extra licenses from MS for one
installation disk though. At least you can with XP. But considering
what thay charge for an extra license you as well just buy a new copy.

Re: OT: Microsoft Windows License Question

Postby The Devil's Advocaat » Wed, 19 Nov 2003 07:48:58 GMT





decipher
laptop
installed
I
product
Win98SE

Just out of interest...  Can any of you lawyers out there tell me whether
Microsoft's decision to stop support of W98SE in January has any relevance
here?



Re: OT: Microsoft Windows License Question

Postby HockeyTownUSA » Wed, 19 Nov 2003 09:47:09 GMT

Good question. If official support is stopped, does this mean everyone else
is SOL? I mean once you own a license, you should own it for life! They
should open availability of the software for download given you have a valid
license. Don't ask me how you would do that, but something to that effect.











laptop
and



Re: OT: Microsoft Windows License Question

Postby Jay Williams » Mon, 01 Dec 2003 08:14:08 GMT

I don't think so.  I'd love to see a bill passed that would eliminate IP
interests in abandonware, but there isn't one so far.  Maybe someone who
specializes in copywrite law can educate us on that.










laptop
and



Re: OT: Microsoft Windows License Question

Postby Jay Williams » Mon, 01 Dec 2003 08:16:05 GMT

I suggest you write your congressional representatives and ask for a bill to
be passed putting a twilight on copyrighted software once the software is no
longer in production, similar to patent law.





else
valid








whether
relevance



Similar Threads:

1.Microsoft Windows License Question

If the laptop has the Windows Product Key Sticker on it, that IS  a valid
license.

AK

"HockeyTownUSA" < XXXX@XXXXX.COM > wrote in message
news: XXXX@XXXXX.COM ...
> Most everyone here is quite PC and O/S saavy, so maybe you can help
decipher
> the appropriate license interpretation.
>
> I own a Windows98SE CD with a product key (license). I also have a laptop
> that I purchased a year or so ago without any Windows CD, however the
laptop
> came with a Windows98SE product key, so I used that license when I
installed
> Windows98SE using the CD I already had. Now I am selling the laptop, and I
> know I am in my right to have Windows98SE installed on it using the
product
> key that came with the laptop, but is it ok to supply a copy of the
Win98SE
> disk I have, granted the new user uses the product key?
>
> From what I get out of the EULA, this should be legal, considering that
(1)
> the EULA allows one copy of software for archival purposes and (2) when
> transferring a license you must surrender any and all material related to
> that license (including backup copy). Granted my copy came from another
CD,
> but the laptop still holds a legal license.
>
> Here's how the pertient EULA items read:
>
> (1)
> Back-up Copy. If Manufacturer has not included a back-up copy of the
> SOFTWARE PRODUCT with the COMPUTER, you may make a single back-up copy of
> the SOFTWARE PRODUCT. You may use the back-up copy solely for archival
> purposes. Back-up Utility. If the SOFTWARE PRODUCT includes a Microsoft
> back-up utility, you may use the utility to make the single back-up copy.
> After the single back-up copy is made, the backup utility will be
> permanently disabled. Except as expressly provided in this EULA, you may
not
> otherwise make copies of the SOFTWARE PRODUCT, including the printed
> materials accompanying the SOFTWARE.
>
>
> (2)
> Software Product Transfer. 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, you transfer all of the SOFTWARE
> PRODUCT (including all component parts, the media and printed materials,
any
> upgrades, this EULA and, if applicable, the Certificate(s) of
Authenticity),
> and the recipient agrees to the terms of this EULA. If the SOFTWARE
PRODUCT
> is an upgrade, any transfer must also include all prior versions of the
> SOFTWARE PRODUCT.
>
>
> Thanks for anyone that can help clarify this.
>
>
>


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