Do you have examples? I need to back that statement up here at the office...
Kev. ----- Original Message ----- From: "Trevor Lauder" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Thursday, June 12, 2003 9:47 PM Subject: Re: (clug-talk) Windows on use computers, is that legal? > Well, it isn't just Microsoft here. Pretty much *any* OEM software > package no matter who it's from has pretty much the same EULA. And yes, > they can and do enforce it. Microsoft has even gone after local companies > here in Calgary that break the EULA and shut them down. > > > Mark Lane said: > > Microsoft can say whatever they want in the EULA that doesn't mean it > > legally enforceable. If I purchased the software, I purchased the > > software. > > > > On Thu, 2003-06-12 at 19:14, Kevin Anderson wrote: > >> > >> http://www.microsoft.com/canada/licensing/refurbished.mspx > >> > >> Kev. > >> > >> > >> Refurbished and Used PCs > >> > >> After an OEM software program has been installed on a PC, the software > >> may not be installed on another PC. However, the entire PC may be > >> transferred to another end user along with the software license > >> rights. > >> > >> To put it simply, OEM software is "married" to the original computer > >> system on which it was installed. When transferring the PC to the new > >> end user the original software media, manuals (if applicable) and > >> Certificate of Authenticity (COA) must be included. It is also > >> advisable to include the original purchase invoice or receipt. The > >> original end user cannot keep any copies of the software. > >> > >> A refurbished PC is a computer system that has had substantial > >> hardware modifications and a new operating system license installed. > >> The original operating system software cannot be installed on another > >> computer system because the modifications have essentially created a > >> "new" PC. > >> > >> A used PC is a computer system that has had no hardware changes, or > >> limited hardware changes. The license for OEM software on a used PC > >> may be transferred provided everything that came with the original > >> license is also transferred to the new end user (including original > >> media, COA, manuals {if applicable}, and EULA.) > >> > >> Whether you are distributing a refurbished PC with a new license or a > >> used PC with the original OEM software license, you should include all > >> applicable materials to maintain proof of license rights (including > >> original software media, COA, manuals {if applicable}, and EULA.) > >> > >> What hardware modifications may be made before a PC is considered to > >> be "new" and a new operating system license is required? > >> The OEM operating system must remain with the device that retains the > >> motherboard. Other PC components (such as RAM and hard drive) may be > >> upgraded without requiring a new operating system license. The > >> operating system may be installed on a new/replacement hard drive as > >> long as the operating system is first removed from the old hard drive. > >> > >> The right to legally transfer OEM software with a used PC is derived > >> from the EULA. It is an end user right and must be transferred with > >> the original software media, COA, Media, and manuals (if any) and > >> EULA. The end user does not keep copies of the software. If the PC is > >> sold (i.e. transferred) to a system builder (with the original > >> software media, manuals {if applicable}, COA, and EULA), system > >> builders may redistribute them since the end-user transferability > >> right is perpetual. > >> > >> My business already has a computer system licensed with Microsoft OEM > >> software. Can the software license(s) be transferred from the old > >> computer system to a new computer system? > >> No. To put it simply, OEM software is "married" to the original > >> computer system on which it was installed. OEM software cannot be > >> installed on another computer system other than the one on which it > >> was originally installed, even if the original computer system is no > >> longer in use. This is true for all OEM software - operating systems > >> and applications. > >> > >> If my business wants to upgrade a PC with new hardware components, > >> when does a new operating system need to be acquired? When would the > >> PC be considered to be "new"? > >> In general, OEM software cannot be separated from the computer system > >> on which the software was originally installed. > >> > >> The OEM operating system must remain with the device that retains the > >> motherboard. Other PC components (such as RAM and hard drive) may be > >> upgraded without requiring a new operating system license. The > >> operating system may be installed on a new/replacement hard drive as > >> long as the operating system is first removed from the old hard drive. > >> > >> Scenario: A used computer is purchased that includes the original OEM > >> operating system that was installed (Windows 98). The COA label is > >> included and provided upon purchase, but the PC does not include media > >> or documentation. Is the software on the machine legally licensed? > >> If the PC manufacturer was a system builder, the original software > >> media should have been transferred with the used computer in order for > >> the new owner to be properly licensed. The Microsoft OEM System > >> Builder License Requires system builders to provide the end user with > >> a full version of the Windows operating system via a hologram CD which > >> is transferred to the end user at the time of sale. The hologram CD > >> acts as the System Builder recovery media. This not only streamlines > >> the distribution process, it also helps fight piracy. > >> > >> Larger OEMs, such as Compaq, have direct license agreements with > >> Microsoft. For PCs shipped after April 1, 2000, they do not have to > >> include software media with their PCs to the end user, though they may > >> choose to make recovery media for the purpose of distribution to end > >> users only. They are also required to bear the cost of replication, > >> and are responsible for any piracy that occurs as a result of > >> replication. The larger OEM may have offered a hard drive based > >> recovery solution, rather than distributing software media, which is > >> why the caller may not have any media. > >> > >> A suggestion would be to check with the PC manufacturer. If the PC > >> manufacturer distributed software media and manuals with that PC when > >> it was acquired by the original end user, then those materials need to > >> be included as part of the complete software package in order for the > >> owner of this used PC to be compliant. If the PC manufacturer was a > >> system builder-the hologram CD must be distributed with the PC; even > >> if a hard drive based recovery solution was also provided. Also, the > >> Windows desktop COA is now required by all OEMs/PC manufacturers to be > >> adhered to the PC chassis during the pre-installation process. > >> > >> Please note that end users are only licensed if they were granted a > >> legal license at the time the software was distributed to them. In > >> order to be sure that end users can establish a legal license, we > >> strongly recommend they keep the following: > >> > >> i. All software and applicable software components, including the > >> original software media and manual (if applicable), > >> ii. COA, > >> iii. EULA, and > >> iv. Proof of purchase. > >> > >> > >> Why should I acquire another operating system when there is one > >> already installed on the system of the used PC I have acquired? > >> It is not always necessary to acquire a new operating system. Please > >> check what kind of license is installed on the PC and read the EULA. > >> In regards to an OEM operating system software program, a new license > >> is not required unless the computer hardware has been changed so that > >> it would be considered to be a "new" PC. The operating system must > >> remain with the device that retains the motherboard. Other PC > >> components (such as RAM and hard drive) may be upgraded without > >> requiring a new operating system license. The operating system may be > >> installed on a new/replacement hard drive as long as the operating > >> system is first removed from the old hard drive. > >> > >> This document is for informational purposes only. MICROSOFT MAKES NO > >> WARRANTIES, EXPRESS OR IMPLIED, IN THIS DOCUMENT. > >> > >> © 2003 Microsoft Corporation. All rights reserved. > >> > >> Microsoft, Visio, Windows and Windows NT are either registered > >> trademarks or trademarks of Microsoft Corporation in the United States > >> and/or other countries. The names of actual companies and products > >> mentioned herein may be the trademarks of their respective owners. > > -- > > Mark Lane <[EMAIL PROTECTED]> > > > > > > > > >
