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Is this legal

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14 replies to this topic

#1
PROBLEMCHYLD

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If you do in fact have your Windows XP product key but you're missing your XP CD, you could argue that, since you did actually purchase XP and you have a valid product key, downloading a Windows XP CD image from anywhere should be within your rights

I bought a hard drive for my laptop C600 from a guy who had a C610 because his motherboard went out.
The harddrive had WinXP pro on there along with a legit product key from dell. That hard drive has lost its life. I still have a copy of the key but no disk.
How can I go about using WinXP Pro. I believe he's not using the key because he upgraded to vista or 7 which ever.

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#2
Yoko Ono

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If you do in fact have your Windows XP product key but you're missing your XP CD, you could argue that, since you did actually purchase XP and you have a valid product key, downloading a Windows XP CD image from anywhere should be within your rights

I bought a hard drive for my laptop C600 from a guy who had a C610 because his motherboard went out.
The harddrive had WinXP pro on there along with a legit product key from dell. That hard drive has lost its life. I still have a copy of the key but no disk.
How can I go about using WinXP Pro. I believe he's not using the key because he upgraded to vista or 7 which ever.


Sorry for Double posting please delete one. Thank you

As long as he isn't using it you can get a Windows XP Pro install disk from a friend and try reinstalling it. At worst you will have to call Microsoft and they will activate it for you.

#3
jrf2027

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I bought a hard drive for my laptop C600 from a guy who had a C610 because his motherboard went out.
The harddrive had WinXP pro on there along with a legit product key from dell.


Unless your laptop came with an XP license from the OEM (generally evidenced by an OEM sticker affixed to the machine), you're not licensed for an OEM installation.

#4
PROBLEMCHYLD

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Unless your laptop came with an XP license from the OEM (generally evidenced by an OEM sticker affixed to the machine), you're not licensed for an OEM installation.

How can I tell if its oem? The hard drive is dead and the guy I bought it from was from craigslist.
I have no way of knowing if its retail or oem untill I get a disk.All I have is the product key.

Edited by PROBLEMCHYLD, 09 February 2011 - 08:20 PM.

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#5
5eraph

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It sounds like an OEM key. OEM keys are supposed to be tied to the hardware they were originally installed on. It could be argued that the "main" part of a computer system is the motherboard; or perhaps the motherboard, processor and RAM collectively. Being a laptop, maybe it's the original shell within which everything was contained.

It doesn't matter if the key will never be used again. It should not be used on a different machine than the one it was originally bundled with.

Edited by 5eraph, 09 February 2011 - 10:25 PM.


#6
Kelsenellenelvian

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Technically you didn't buy the Windows XP license either...

I dun wanna split hairs too much but you definatly don't have a legit XP license...

#7
5eraph

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Missed this thread. I originally replied in the other one.

Nevermind. :)

Edited by 5eraph, 09 February 2011 - 10:59 PM.


#8
dencorso

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Threads merged.

#9
Ponch

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Unless your laptop came with an XP license from the OEM (generally evidenced by an OEM sticker affixed to the machine), you're not licensed for an OEM installation.

How can I tell if its oem? The hard drive is dead and the guy I bought it from was from craigslist.
I have no way of knowing if its retail or oem untill I get a disk.All I have is the product key.

You're a bit confusing about what you bought an what's dead.
Common sense tells me you bought a Dell C600 from "the guy from craiglist" which HDD is dead and an other HDD from "the guy that had a C610" with now Vista or 7 on it.
Your Dell probably has a sticker that says what version of XP it was sold with. I believe you did buy that licence with the hardware because the licence is tied to the hardware. Your best move now is to borrow from a friend (or buy from eBay) an XP cd, same version (Home or Pro, OEM or retail, probably OEM) either generic MS (using the key on your sticker) or Dell branded (using the generic Dell key that will be included in the CD).
The problem in your case is that (I'm no lawyer) the computer is sold with a licence AND the licence "comes" with the cd which can only be copied for personal backup. So the deal should have been clear at the sell, if he sold you the licence (thus including cd) or not. I think you got more than 51% of that licence. :yes:

Edited by Ponch, 10 February 2011 - 01:05 AM.


#10
PROBLEMCHYLD

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Unless your laptop came with an XP license from the OEM (generally evidenced by an OEM sticker affixed to the machine), you're not licensed for an OEM installation.

How can I tell if its oem? The hard drive is dead and the guy I bought it from was from craigslist.
I have no way of knowing if its retail or oem untill I get a disk.All I have is the product key.

You're a bit confusing about what you bought an what's dead.
Common sense tells me you bought a Dell C600 from "the guy from craiglist" which HDD is dead and an other HDD from "the guy that had a C610" with now Vista or 7 on it.
Your Dell probably has a sticker that says what version of XP it was sold with. I believe you did buy that licence with the hardware because the licence is tied to the hardware. Your best move now is to borrow from a friend (or buy from eBay) an XP cd, same version (Home or Pro, OEM or retail, probably OEM) either generic MS (using the key on your sticker) or Dell branded (using the generic Dell key that will be included in the CD).
The problem in your case is that (I'm no lawyer) the computer is sold with a licence AND the licence "comes" with the cd which can only be copied for personal backup. So the deal should have been clear at the sell, if he sold you the licence (thus including cd) or not. I think you got more than 51% of that licence. :yes:

I was sold the hard drive, screen and memory. I don't understand I got mostly everything from the computer except the cpu, motherboard cd-rom drive. Most of the part that I have on my dell c600 is from the C610. So am I good to go. I didn't mention the other parts because I didn't think it was relevant.

P.S.
The dell c600 I already had but when my screen got cracked
I bought the screen and other parts from the guy on craigslist.
I didn't bother to ask if the key was OEM or Retail.
Heres the link about my cracked screen
http://www.msfn.org/...post__p__910909

it is true, that it violates the EULA... how ever, depending on the circumstances it may be legal. I have a computer which I bought, came with a copy of XP and a key. My sister destroyed the CD and I now needed to format my computer. Well I wasn't going to pay more money for Xp, so I went a head a got my hands on a new copy of XP SP3 (My comp came with SP2) by downloading it. (Technically this is legal as Microsoft does not and never had distributed this product directly to its costumers, they only sold keys. As long as you use a legal key which you paid for, the source of the software doesn't mater. ) my key did not work for the product. So I did this, makes no difference. If I had downloaded the right product I would have activated it right away (took just about the same amount of time) and then upgraded to what I currently have atm.


Edited by PROBLEMCHYLD, 10 February 2011 - 11:20 AM.

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#11
flyhigh427

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so yall are saying the windows doesnot go with the computers?

#12
Ponch

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got my hands on a new copy of XP SP3 (My comp came with SP2) by downloading it. (Technically this is legal as Microsoft does not and never had distributed this product directly to its costumers, they only sold keys. As long as you use a legal key which you paid for, the source of the software doesn't mater. )

"doesn't matter"... as long as it is not illegally downloaded or copied. Which you did. Any download from Windows from other site than MS is illegal (because its the same as an illegal copy). Copying a media from or for someone else is illegal as well. Either you understand that or you don't. We keep telling people to not download Windows. I'll stop here.

Edited by Tripredacus, 10 February 2011 - 04:11 PM.
hid this post if possibly misdirected


#13
Tripredacus

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it is true, that it violates the EULA... how ever, depending on the circumstances it may be legal. I have a computer which I bought, came with a copy of XP and a key. My sister destroyed the CD and I now needed to format my computer. Well I wasn't going to pay more money for Xp, so I went a head a got my hands on a new copy of XP SP3 (My comp came with SP2) by downloading it. (Technically this is legal as Microsoft does not and never had distributed this product directly to its costumers, they only sold keys. As long as you use a legal key which you paid for, the source of the software doesn't mater. ) my key did not work for the product. So I did this, makes no difference. If I had downloaded the right product I would have activated it right away (took just about the same amount of time) and then upgraded to what I currently have atm.


The downloading of an OS isn't about whether or not you have a COA or license. Its more related to a product that is only legally available from one source. As everyone breaks their Windows EULA by modifying their OS, but even more so by redistributing it outside of official channels.
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#14
Yoko Ono

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In my experience all you have to do is install with a OEM copy of Windows and see if it activates if it does no problem. Even if you call MS they are pretty lenient just tell them you changed out a motherboard and they will set you up with activation. You can only try.

#15
cluberti

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For those of us in the United States and/or covered by US law, copying a Windows source or downloading it from anywhere other than Microsoft, a licensed OEM, or a licensed reseller, is technically illegal - it's a violation of copyright. The sale of an OEM machine *must* include everything (software-wise) that shipped with it, including the disc (or recovery partition intact), the COA sticker, and any other documentation or product materials for Windows, Office, and/or any other OEM software purchased with the machine. Any sale without this is technically not considered a legal transfer of the license, which is in violation of the EULA. If you are in another country and covered by the laws there, they may be different. They usually are not, but it's always best to check. Given I do not know a lot about laws in, for example, Belgium or Brazil, I do not feel confident enough to say for sure if this is entirely illegal in places such as those. It is likely, but one should always verify against their own country's laws before deciding one way or the other.

Going forward, whether or not someone would choose to do something like this on their own time is not for us to decide, but to answer the parent's question, yes, doing such a thing is indeed illegal in the United States (given this person listed their location as such, this would apply to them). The OEM copy of Windows on an OEM computer is tied to that computer only, and the OEM must provide (to the original purchaser) either installation media or a recovery partition that can be used in lieu to reinstall the OS.

Again, we are not the internet police, so I won't comment one way or the other on what people do in their own time outside of MSFN. However, in the interest of keeping things here legal (we are based in the US, and governed by US law) and following our own rules, I am closing this thread. Since the OP wasn't specifically asking *how* to bypass security, and whether or not something was legal or not, I am not providing any warnings this time. However, do note that further discussion of illegalities that violate our forum rules will result in moderation. Thank you to everyone for complying with this request.

[Closed].
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