Or, it might not be a bad idea to ask M$

Don Guillett
SalesAid Software
[EMAIL PROTECTED]
----- Original Message ----- From: "Rick Glazier" <[EMAIL PROTECTED]>
To: <[email protected]>
Sent: Wednesday, October 11, 2006 1:34 PM
Subject: Re: Selling Used Windows XP


It depends, mixed in...

From: "James Maki"
clipped
Can I legally sell a used and previously activated copy of Windows XP Pro
(SP1 Upgrade edition) that has been removed from the computer and is not in use (and it has been over 6 months since activation)? The MS site says it is
okay to transfer to a new computer, but it is worded as a situation where
the original purchaser transfer from one computer to another, not a sale to
a third party.

If it is a retail upgrade package, I would say sell it...
If the old computer is a POS, throw it in and let them have the whole thing "as is"... (The software people love that phrase and use it all the time to protect themselves...)
(FWIW, I have never seen or used an Upgrade Package OR read that EULA...)

If there is "no computer", I'd still say it was "OK" because they never "required" you to register and they always said they would not know who you were if you did not... It would be pretty lousy of them to punish you FOR registering, by not letting to unload something "movable", just because of that... JMHO...
I do not remember ever hearing about an OEM upgrade package, (IIRC),
so that should not enter into it...

This is where it gets tricky:
If there IS a computer involved, if it was an upgrade to an OEM machine,
the basis to the upgrade can not (supposedly) be move also... The Upgrade would have to "upgrade" something on the "new" machine that was legal and upgradable, OR something legally movable from the old machine too...
(Or some other broken down non-OEM OS machine, to be used as a basis...)
The basis of the upgrade must be legal on the new machine in either case, and all disks (the upgrade and the upgraded OS, if any) must be transfered to the new machine, (if any). (Otherwise, a re-install would not be possible later...)

I have 2 copies of XP Pro and 1 of XP Home with all original packaging that
are just sitting gathering dust since I purchased a MAPS subscription
several years ago. It would be nice if I could recoup some of my expenses :)

I'm going to assume that the copies listed above are NOT part of the MAPS package...
If NOT, I see no reason you should not get rid of them... (And fast...)
I would show the new owners how to make a slipstreamed "SP2" disk of the
left-over OSs so you (or they) can do a cleaner install...
You might throw in that service as part of the original installation IF you do it for them... You would still have to give them the factory disk AND the slipstreamed disk!

FWIW, It seems legal to me, and, in the expected volume, should not raise
any red flags, even if it *was* questionable...

If you try to sell them on EBay or somewhere, be ready for LOTS of questions
and maybe even being "locked out" by MS... (I only heard of this.......)
I would SKIP any talk of making a slipstreamed CD in this type of situation...
(Let them make their own...)

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