Providing backup CD media for second-hand computers - legit?

[edadat]

Hypothetical scenario:

I have a Dell/Compaq/Lenova computer with a genuine Windows XP Home OEM COA sticker on the side, but no recovery CD. I install Windows XP Home using a generic, non-targeted, OEM CD - which happens to be a burnt CD-R from an untouched original CD - and activate it using the key on the COA sticker. If I choose to sell the computer on the second hand market, am I allowed - within the terms of the EULA - to provide the buyer with a copy of the burnt CD-R of Windows XP Home OEM, in case the buyer needs to reinstall Windows, say because of hard drive failure?

[Ponch]

Hypothetical scenario:

I have a Dell/Compaq/Lenova computer with a genuine Windows XP Home OEM COA sticker on the side, but no recovery CD. I install Windows XP Home using a generic, non-targeted, OEM CD - which happens to be a burnt CD-R from an untouched original CD - and activate it using the key on the COA sticker. If I choose to sell the computer on the second hand market, am I allowed - within the terms of the EULA - to provide the buyer with a copy of the burnt CD-R of Windows XP Home OEM, in case the buyer needs to reinstall Windows, say because of hard drive failure?

Read the bold text an I think that it is the conclusion. Strictly speaking, but that is your question, you can't sell what you don't have. Now, search that person that got all the original CDs that were supposed to come with those computers.

[edadat]

@Ponch. Thank you for your reply. The computer is licenced to run Windows XP Home OEM, therefore I can legally transfer the computer (which includes the hard drive with legit Win XP on) + licence to a third party; that much I know is correct and in accordance with the terms of the XP OEM EULA. I am talking specifically about the installation media. I would not be looking to profit from providing a CD-R; simply providing the means to restore the O/S if need be. I would have thought that Microsoft would not be concerned about the media used to conduct the install as long as the licence is valid and above board.

[cluberti]

Technically, according to the wording of the EULA, you're supposed to provide all media that came with the OEM computer including any CD/DVDs and documentation. The media you used to install Windows wasn't technically following the EULA either, and a new Windows license should have been purchased when you purchased the machine (the COA isn't the only part of the license - the media is the 2nd half, whether that be a recovery disc, the original XP install disc, or a hard-disk based image to do the recovery from). You can read a bit about that bit here (it discusses refurbished PCs, but the same things hold true for OEM software/hardware transfer at sale):

http://oem.microsoft.com/public/oem/refurb...ensingguide.pdf

Unless the sale of the machine (to you from the original owner) contained both the COA *and* the restore/recovery medium, it wasn't a legitimate transfer. I would (if you can) at least try to get the OEM to ship you (probably at a small cost) the correct recovery or restore media for that machine before selling it, if you can. Given that this happens regularly enough that we've all seen it, I don't think anyone is going to "mind" if you provide the new owner a burned copy of a non-specific OEM disc, but it's not technically a legitimate install or recovery disc.

[edadat]

@cluberti: Thanks, that certainly makes things clearer. I'm still confused by a particular clause in MS's original EULA, though:

* Back-up Copy. IF MANUFACTURER HAS NOT

INCLUDED A BACK-UP COPY OF THE

SOFTWARE WITH THE COMPUTER ON

PHYSICAL MEDIA (e.g. CD OR

PARTITIONED HARD DRIVE), YOU MAY

MAKE A SINGLE BACK-UP COPY OF THE

SOFTWARE. You may use the back-up copy solely for your

archival purposes and to reinstall the SOFTWARE on the

COMPUTER. Except as expressly provided in this EULA

or by local law, you may not otherwise make copies of

the SOFTWARE, including the printed materials

accompanying the SOFTWARE. You may not loan, rent,

lease, lend or otherwise transfer the CD or back-up copy

to another user.

To me this makes no sense. If you're not supplied with backup media by the manufacturer, then how is one supposed to make a backup? I guess you could buy Symantec Ghost or similar and take a backup that way, or borrow a friend's XP disc and back that up. What are MS implying?

[MrJinje]

To me this makes no sense. If you're not supplied with backup media by the manufacturer, then how is one supposed to make a backup? I guess you could buy Symantec Ghost or similar and take a backup that way, or borrow a friend's XP disc and back that up. What are MS implying?

OEM's add a program into their build that allows a one time backup to DVD of the recovery partition.