Is this legal?

[pillainp]

All right then,

A pal of mine just bought a box (branded), and got a copy of Windows XP Pro SP2 with it OEM.

Now he will not be using this copy of XP since he plans to go with Linux on this machine, and has given me the XP free of cost.
The XP CD is still in its shrink-wrap with the Getting Started manual, and is complete with the COA.

My question is, would it be legal for me to install this copy of XP on one of my machines? It has not been used to install XP on any machine. The copy of XP the machine had onboard was ghosted on by the manufacturer and had not been activated yet, so the CD Key has not been used before either.

By the way, as far as I can see, this disk is just a normal XP CD but the pack is marked OEM (i.e., no customisation as with Dell, HP, etc.).

[diver203_98]

When you get an OEM copy of an OS with the system, it is "keyed" to that system. So you won't be able to use it on your machine. Meaning, that if it is a Dell, Gateway, or HP, that CD will be keyed to that machine only, because of hardware and BIOS. Also, it is still a licensed copy of XP Pro SP2, so in fact it would be also like using it on a second machine, amking it illegal according to the EULA.

[pillainp]

But that's just my point.
You see, the people that make these computers are Intel and Microsoft partners. They simply ship copies of Windows XP as OEM with their machines. These disks can (I have seen it done) be used on machines other than those they make.

The CD's are unkeyed, i.e. they are identical to Retail CD's but are marked OEM.

My question is, would it be legal for me to use such a disk to install Windows on one of my machines, since it has never been used on another machine?

[EzyStvy]

Dell cd's for example can only be used on a Dell pc cause it looks at the BIOS for certain info. Dell cd's can be used on other Dells.


"My question is, would it be legal for me to use such a disk to install Windows on one of my machines, since it has never been used on another machine?" Not sure how anyone could possibly know where it come from other than the fact the keycode is an OEM.

[Statica]

Originally Posted by pillainp All right then, A pal of mine just bought a box (branded), and got a copy of Windows XP Pro SP2 with it OEM. Now he will not be using this copy of XP since he plans to go with Linux on this machine, and has given me the XP free of cost. The XP CD is still in its shrink-wrap with the Getting Started manual, and is complete with the COA. My question is, would it be legal for me to install this copy of XP on one of my machines? It has not been used to install XP on any machine. The copy of XP the machine had onboard was ghosted on by the manufacturer and had not been activated yet, so the CD Key has not been used before either. By the way, as far as I can see, this disk is just a normal XP CD but the pack is marked OEM (i.e., no customisation as with Dell, HP, etc.).

Ok here's the thing .. Irrespective of whether the OEM CD is keyed for BIOS or any other ties, and irrespective of whether it is in its shrink wrap or not - you are not allowed to move the OS to another computer. Read this link: http://www.microsoft.com/piracy/YourPC_do.mspx

I hope this answers your question clearly.

[LA22]

I think he's trying to say this.

Say Pillainp's friend bought him/her a birthday present. This present just happened to be Win XP. What he is asking as would it be ok for him to use his birthday(Win XP) present even though it was purchased by someone else.

If I am issing the point plz tell me.

[EzyStvy]

LA22. That's no problem as long as the friend didn't get it with another system..

[Statica]

Yes you are missing the point. I'll explain it to you again -
according to Microsoft's EULA for OEM software .. if his friend gave him a present of WinXP OEM - that he had bought for another computer (obviously), then pillainp chalks up the present as a lemon, the friend as a cheapskate (this is analogy obviously) .. and goes to buy a legal copy of Windows XP.

Here's the extension to your analogy, Say you got a free box of candies with the purchase of an umbrella, and you then gifted the candies as a friend - it still doesnt make it right - and how would your friend know? Because it probably says so on the box - free with a purchase of an umbrella (Just like the XP CD says OEM on it).

Since you're asking about legality of the software that is the answer .. that is the legal answer based on what Microsoft has deemed for its OEM copies of the OS.