Gregory Golin wrote:
Be advised that BartPE has legality issues.

We  extensively use WinPE in conjuction with a proprietary product in
our factory. As it is based on WinXP Pro, it has many limitations in
terms or RAM detection. We asked our vendor if we could build a BartPE
from a Win2k3 distro. A long, uneasy silence on their end was followed
by an explanation - doing so would be breaking the EULA.
Oh well.

Just FYI.

Generalities as the first line, and "doing so would be breaking the EULA" as an "explanation", without more references bother me a lot.


From the BartPE website, here's further info.

http://www.nu2.nu/pebuilder/

Legal information

This section will give you legal information about BartPE and prevent illegal usage...

In the Technet Webcast about Windows PE a Microsoft Program Manager (not calling any names) says: "BartPE is an unlicensed version of WinPE and of Windows XP. Something to we really encourage people to stay away from because it is actually an improperly licensed version of Windows".
(forward to time 0:59:49)


Let me explain what is going on here:

1. BartPE is an unlicensed version of WinPE and of Windows XP.
This is not correct, BartPE is not WinPE and will never be WinPE. BartPE builds from Windows XP or Server 2003 files. BartPE is not built from any WinPE file and does not use any files that belong to Windows PE!
Note: Previous versions of PE Builder did instruct the enduser to download certain WinPE network components from the internet when enabling the network support, but v3.0.30 and higher have built-in network support.


2. Its actually an improperly licensed version of Windows.
When BartPE is not used in a correct way this can be true (see below).



When using BartPE you should know that:

1. It is legal to make a "backup copy" of ANY files from your original Windows XP/2003 media to another media.
2. It is legal to add any other files you wish to the backup media.
3. It is not legal to use a BartPE CD and an installed Windows XP/2003 both at the same time under the same Windows XP/2003 EULA.
4. It is not legal to change any binary files in the process according to the Windows XP/2003 EULA. This makes "winlogon" and "bootscreen" hacks illegal.
5. A BartPE image is (and I quote) "not a properly licensed WinPE". This means that if you want to have a licensed WinPE, you cannot use BartPE. However, you can use a BartPE image under the license of the Windows XP/2003 EULA that came with the BartPE XP/2003 source media.



I feel that, considering the above, Microsoft cannot say that BartPE is illegal. If you don't break the rules of (3), (4), (5) and you don't make more than one BartPE CD without having more than one Windows XP/2003 license, you can use it any environment.


The PE Builder download archive does not include any plugins that will break any of the rules show above. But you must be careful with plugins created by others!

More information:

* Your local Microsoft Windows end-user license agreement (c:\WINDOWS\system32\eula.txt)
* PE Builder license file
* Technet Webcast about Windows PE (timestamp 0:59:49 and 1:19:48)
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