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RE: [NTO] Swap WinXP Between Two PCs

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  • Jason Wellband
    Ray, Legalities aside, I m not even sure you *could* do this even if you didn t mind being illegal. If both versions are OEM versions, then they are usually
    Message 1 of 6 , Oct 23, 2003
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      Ray,

      Legalities aside, I'm not even sure you *could* do this even if you
      didn't mind being illegal. If both versions are OEM versions, then they
      are usually bios-locked to the particular machine they came with.

      If the XP pro is an upgrade, then you can upgrade the xp home machine to
      pro, however legally, you cannot use the xp home anywhere.

      Hope this helps

      Jason

      ---

      Sent with Jason's laptop

      : -----Original Message-----
      : From: R Shapp [mailto:ras45@...]
      :
      :
      : Hi Brian,
      :
      : Thank you for the quick response.
      :
      : <<OEM software is bound to the PC or equipment it is sold with.>>
      :
      : I wasn't aware of that.
      :
      : <<if you sold your PC (old one) to another person, the
      : license goes with it.
      : >>
      :
      : I have no intention of selling either PC. I just want to use
      : them both in my
      : home for different purposes. Is it still illegal to do the
      : swap? I paid the
      : full retail price to Dell (the older PC in January, the newer
      : one bought this
      : week). Microsoft got their fee both times, and I'm perfectly
      : willing to
      : comply with all of Microsoft's registration requirements.
      :
      : If my goal of swapping the operating systems is flat-out
      : illegal, I'll cease
      : my inquiry, but if the conditions of use I propose may fall
      : into a special
      : (permissible) category, then my next request is for contact
      : info at Microsoft
      : where I can seek permission to proceed. Technical questions about
      : accomplishing the swap will come later.
      :
      : Thanks for your help.
      :
      : Ray Shapp
      :
      :
      :
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    • Brian Binder
      Hi Brian, I wasn t aware of that.
      Message 2 of 6 , Oct 24, 2003
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        Hi Brian,

        <<OEM software is bound to the PC or equipment it is sold with.>>

        I wasn't aware of that.

        <<if you sold your PC (old one) to another person, the license goes with
        it.
        >>

        I have no intention of selling either PC. I just want to use them both
        in my
        home for different purposes. Is it still illegal to do the swap? I
        paid the
        full retail price to Dell (the older PC in January, the newer one bought
        this
        week). Microsoft got their fee both times, and I'm perfectly willing to
        comply with all of Microsoft's registration requirements.

        It still is illegal to do the swap. I understand that you don't want to
        sell the PC to another person, but it was just an easy example. OEM
        makes it easy for manufacture's to distribute the software, because
        whoever the rightful owner of the hardware is, is also the rightful
        owner of the software.

        And in all honesty, that rightful owner is Dell. You paid for a
        license, but it is still OEM. If it was 'retail', you could do whatever
        you want, including your proposed plan you are discussing here. It's
        not the price that makes it retail, it's the actual media.

        (Example) If you did sell the PC and decided to keep the WinXP distro
        that existed on the PC being sold, it would be unlawful. (I'm going
        down this path for a reason) You paid (to my understanding) for the
        license when you bought the PC, but the license = OEM. This means that
        if you sold that machine but still had a second installation (of XP) on
        the PC, you would be committing a crime.

        OEM stinks because even though you are paying for it, it's a rented
        license that works with your machine in specific. If you sold it, just
        make sure to include the price of the software in the selling price.
        OEM ensures that whoever purchases the hardware from you gets the OEM
        distributed software with it. I can't really say 'ensures' but I think
        you know what I mean. People begin to hate OEM (or have already)
        because they pay for the extra price of getting XP Pro instead of home
        (for instance) and then they sell the machine and that price THEY paid
        goes with the machine because it's bound by OEM license agreement terms.
        That's why I said when and if you were to ever sell that machine, make
        sure to include the price of the OS as well. It makes no nevermind that
        the buyer has his own license of Windows XP Pro (if so). They still get
        the license bound to the machine, so sell that as well.

        Brian
      • R Shapp
        Hi Brian, Thank you for the clarification. Ray Shapp
        Message 3 of 6 , Oct 24, 2003
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          Hi Brian,

          <<It still is illegal to do the swap.>>

          Thank you for the clarification.

          Ray Shapp
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