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Old 01-04-2004, 04:01 PM   #1
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Microsoft Legal Question

These questions have been nagging at me for a while...

We all know about proprietary machines that come with an operating system that says that it is for distrobution with that machine only...

So if you were to do considerable upgrades on your store bought proprietary machine, lets say you upgraded the entire thing, one piece at a time. At what point is this machine no longer the one that you purchased, that the operating system can be sold with?

Second question. What exactly is considered to be the machine, that is needed in order to sell the machine specific OS? I would assume it doesn't follow the same OEM guidelines as regular OEM operating systems, so then what do you have to have of the original machine in order to resell your operating system?
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Old 01-04-2004, 04:05 PM   #2
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Dell OS cd's check the bios. No Dell bios, no can install on anything else.
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Old 01-04-2004, 05:20 PM   #3
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hp also does that,
the systems that you are refering to are designed as to not allow you to upgrade anything, that is what properity is,
you cannot upgrade anything, they are a throw-away system.
you might be able to add some ram, or a cdrom drive, and if your real lucky you might be able to install a second hard drive, but that would be iffy.
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Old 01-04-2004, 05:58 PM   #4
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I'm well aware of what most dell, hp, etc. systems are like, but, I have owned several store bought systems, that have come with an OS that says its for distrobution with that system only, that have not been filled with proprietary parts, and have been completely upgradeable. So, on a system like that, when is it that the system that you purchased, that the OS is for distrobution with, is no longer the system you have due to upgrades that you have done?
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Old 01-04-2004, 06:18 PM   #5
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when you get to the point that the xp O/S will tell you you need to reactivate it and you find you need to call microsoft for a new code, and you need to explane why and what all you have done, ms will answere that question for you
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Old 01-04-2004, 07:57 PM   #6
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Quote:
Originally posted by TheJackal
I'm well aware of what most dell, hp, etc. systems are like, but, I have owned several store bought systems, that have come with an OS that says its for distrobution with that system only, that have not been filled with proprietary parts, and have been completely upgradeable. So, on a system like that, when is it that the system that you purchased, that the OS is for distrobution with, is no longer the system you have due to upgrades that you have done?
As I see it, you are trying to find your way around a legally binding EULA. The OS goes with that system regardless of what is in it. When you upgrade that system to a given point, you'll need to re-activate via Microsoft. So although the system components have changed, the system itself is still what it is.

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Old 01-04-2004, 08:06 PM   #7
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the motherboard is basically the piece that it goes with, if i understand things right.
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Old 01-04-2004, 08:34 PM   #8
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wrong
it is most of all the hardware that is in the system for the code that ms uses in there database
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Old 01-04-2004, 08:40 PM   #9
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I'm not trying to find my way around the EULA. I was just wondering if at a certain point, after several components had been upgraded, say, the entire machine, piece by piece, if this would still be considered the original machine, as required by the OS, even though, nothing would remain of the original machine after these upgrades.

Lets just say for example that we buy a Dell, this is a non-proprietary Dell, It comes with an OS, that is for distrobution with a new Dell only, however the OS is not tied to the bios in any way. Now lets say that over time I upgrade every piece of my machine, to the point that absolutely nothing remains of the original Dell, except the operating system. Now I decide to sell this system... Problem is, can I sell my OS with it, as even though what I started with was a Dell, what I have now is a totally custom built machine. So is the OS still legal? And at what point is this machine no longer considered to be a Dell?
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Old 01-04-2004, 08:45 PM   #10
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before you made it to that point, you would already have had to call MS for a new key for that system,
and then go from there.
then after more changes yould have to do it again and get another new key
so by the time you were done, you would have a new system and a new keey code for it and MS will be happy and so will you.
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Old 01-04-2004, 08:51 PM   #11
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What about if were talking about an older operating system such as Windows 95/98/ME?
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Old 01-04-2004, 09:14 PM   #12
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they do not have the activation that xp has, but the same rules apply.
it is still illigal to do it
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Old 01-04-2004, 09:17 PM   #13
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Quote:
Originally posted by bailey
they do not have the activation that xp has, but the same rules apply.
it is still illigal to do it
You've kind of lost me here, at what point though does it become illegal?
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Old 01-05-2004, 10:21 AM   #14
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TheJackal The answer is at the point Microsoft won't allow a reactivation. You are asking us for OPINIONS. The final answer lies with the customer service rep at Microsoft.

Microsoft isn't the world's largest corporation because they are stupid. Microsoft sometimes purposely turns a blind eye to less than cricket distribution such as a piece of wire for hardware compliance for OEM or not checking academic status for academic OEM purchases.

Quite frankly, I've heard that the Dell Windows XP will install just fine to another computer. But that it requires a reactivation. But whether or not it REALLY works, I don't know. Until I see it, it's only rumor. Those supposed DVD region hacks are mostly bogus hacks, so this Dell thing may be bogus also.

But assuming it will install, the reactivation is at the hands of the Microsoft customer service representative. Some may not care and give you a reactivation under any circumstance. Some may want to prove Microsoft loyality and give you a hard time!

I don't know how to decyhper those codes. They may. Who knows? If they don't activate, what are you going to do?

Last edited by RayH; 01-05-2004 at 10:32 AM.
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Old 01-05-2004, 11:33 AM   #15
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I was refering to putting w98se on several computers, you can do it but it still would be illeagle.
xp you can't do it because you cannot have two systems with the same key, and they will know it.l
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Old 01-05-2004, 02:31 PM   #16
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the OS has to be shipped with the license sticker attached to the outside of the case. As long as the sticker is on the case you can change whatever parts you choose and sell the PC with the original OS. You'll find that any OEM license will say the same thing regardless of the source. It is in no way illegal to do what you are suggesting if the sticker is still affixed to the case. This is assuming the OS is not tied to the BIOS (which i have still never seen even on a dell).
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Old 01-05-2004, 05:22 PM   #17
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Thanks OEM_Guy, that answers my question.
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