Am I Breaking the Law?


W

Wildman

About a year ago I bought a netbook that had Win 7
Starter pre-installed. The first time the netbook
was turned on I booted with an installation CD of
another OS and installed that. So Win 7 was never
booted and I did not get a refund from the maker.

Now that I am forced to upgrade my XP box, if I want
to keep support, I bought a new bare bones system
and installed Win 7 Starter using the PID from the
netbook and registered it on-line. Next I installed
a Starter to Home Premium Anytime Upgrade that I had
bought from Amazon and registered that. There were
no errors or problems.

So to my question, am I breaking the law? I don't
think I am due to fact that the PID's used were
both bought and paid for. Also, I don't feel that
this is immoral or unethical for the same reason.

Just looking for opinions here, unless there happens
to be any lawyers lurking that know U.S. copyright
laws.
 
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K

Ken1943

About a year ago I bought a netbook that had Win 7
Starter pre-installed. The first time the netbook
was turned on I booted with an installation CD of
another OS and installed that. So Win 7 was never
booted and I did not get a refund from the maker.

Now that I am forced to upgrade my XP box, if I want
to keep support, I bought a new bare bones system
and installed Win 7 Starter using the PID from the
netbook and registered it on-line. Next I installed
a Starter to Home Premium Anytime Upgrade that I had
bought from Amazon and registered that. There were
no errors or problems.

So to my question, am I breaking the law? I don't
think I am due to fact that the PID's used were
both bought and paid for. Also, I don't feel that
this is immoral or unethical for the same reason.

Just looking for opinions here, unless there happens
to be any lawyers lurking that know U.S. copyright
laws.
If you don't tell, nobody here will !!! If they are legal paid for copy's
should not be a problem. I never followed the fine print anyway.


KenW
 
R

ray carter

About a year ago I bought a netbook that had Win 7 Starter
pre-installed. The first time the netbook was turned on I booted with
an installation CD of another OS and installed that. So Win 7 was never
booted and I did not get a refund from the maker.

Now that I am forced to upgrade my XP box, if I want to keep support, I
bought a new bare bones system and installed Win 7 Starter using the PID
from the netbook and registered it on-line. Next I installed a Starter
to Home Premium Anytime Upgrade that I had bought from Amazon and
registered that. There were no errors or problems.

So to my question, am I breaking the law? I don't think I am due to
fact that the PID's used were both bought and paid for. Also, I don't
feel that this is immoral or unethical for the same reason.

Just looking for opinions here, unless there happens to be any lawyers
lurking that know U.S. copyright laws.
I'm not certain, but I think that violates MS's EULA.
 
K

Ken1943

I'm not certain, but I think that violates MS's EULA.
How ? One activated OS on one computer. I used a paid for 32/64 bit
version to upgrade to 64 bit. They made it harder with Win8, I think.
Eula's were written to confuse and don't mean crap. If the software
activates, with MS, then it's why question it ?


KenW
 
S

Stan Brown

So to my question, am I breaking the law? I don't
think I am due to fact that the PID's used were
both bought and paid for. Also, I don't feel that
this is immoral or unethical for the same reason.
I believe that you are. If I am not mistaken, pre-installed OEM
copies of Windows are licensed only to that specific computer.

FWIW, I agree with you that you're not behaving unethically.
 
W

Wildman

If you don't tell, nobody here will !!! If they are legal paid for copy's
should not be a problem. I never followed the fine print anyway.


KenW
What fine print? :)
 
W

Wildman

I believe that you are. If I am not mistaken, pre-installed OEM
copies of Windows are licensed only to that specific computer.
You are probably right but I can't check because the original
EULA does not exist.
FWIW, I agree with you that you're not behaving unethically.
Thanks and I agree.
 
C

choro

What fine print? :)
It's all that bullshit. Or didn't you know? Heads I win, tails you lose
nonsense that is the bill of fare with most software installation
conditions other than linux etc.
 
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W

...winston

Wildman said:
About a year ago I bought a netbook that had Win 7
Starter pre-installed. The first time the netbook
was turned on I booted with an installation CD of
another OS and installed that. So Win 7 was never
booted and I did not get a refund from the maker.

Now that I am forced to upgrade my XP box, if I want
to keep support, I bought a new bare bones system
and installed Win 7 Starter using the PID from the
netbook and registered it on-line. Next I installed
a Starter to Home Premium Anytime Upgrade that I had
bought from Amazon and registered that. There were
no errors or problems.

So to my question, am I breaking the law? I don't
think I am due to fact that the PID's used were
both bought and paid for. Also, I don't feel that
this is immoral or unethical for the same reason.

Just looking for opinions here, unless there happens
to be any lawyers lurking that know U.S. copyright
laws.
All Windows installation disks contain the files detailing the EULA.
- i.e. its on your original media and on the hard drive in the Windows
folder
C:\Windows\System32\license.rtf

and also in the following folder
C:\Windows\System32\en-US\Licenses\
- the above contains a folder for all versions of Windows 7 released
(including Starter)
i.e. C:\Windows\System32\en-US\Licenses\OEM\Starter

<qp>
2. INSTALLATION AND USE RIGHTS.
a. One Copy per Computer. The software license is permanently
assigned to the computer with which the software is distributed.
That computer is the “licensed computer.â€
</qp>


The EULA usage rights for all OEM versions of Windows 7 when prepackaged
with the computer is the same.
- for use solely on the system (permanently assigned) with which it was
provided. Transfer rights are available when you transfer
the software directly to a third party only with the licenced computer

If the netbook came with a preinstalled OEM version of Windows 7 the
above would apply.
When an OEM system is upgraded using the Anytime Upgrade the following
applies

<qp>
b.Windows Anytime Upgrade License. If you upgrade the software using
Windows Anytime Upgrade, your proof of license is identified by
• the genuine Microsoft Certificate of Authenticity label for the
software you upgraded from, ***and***
• the genuine Microsoft proof of purchase label from the Windows Anytime
Upgrade Kit you used to upgrade. Proof of purchase may be subject to
verification by your merchant’s records.
</qp>
i.e. the OEM license assigned to original licensed computer continues to
apply to the licensed computer (and only to the licensed computer) in
conjunction with the upgrade license after upgrading the licensed
computer to a higher level Windows o/s.

Thus no matter how or what is accomplished the OEM licence for a
pre-built computer with a Windows version remains permanently assigned
to the original licensed PC.

*****Note:
Legality and what is 'technically feasible' are two different things.

Likewise 'Licensing' and Copyright' are also two different things.
Copyright
- The owner of a copyright can control reproduction, preparation of
derivative work, and distribution of copies of the work. i.e. authors
like Microsoft can benefit from their creation by controlling who uses
it and how.
Licensing
- A license allows copyright owners to direct how the product can be
used, and allows them to willingly extend (lend) some of the copyright
rights. e.g. licenses like Windows allow use for personal purposes;
however, to redistribute the software permission and additional
licensing fees may have to be paid to the copyright owner (fyi -
redistribution is different than transfer)
 
W

Wildman

It's all that bullshit. Or didn't you know? Heads I win, tails you lose
nonsense that is the bill of fare with most software installation
conditions other than linux etc.
Yes, I know. I was using sarcasm.
 
W

Wildman

All Windows installation disks contain the files detailing the EULA.
- i.e. its on your original media and on the hard drive in the Windows
folder
C:\Windows\System32\license.rtf

and also in the following folder
C:\Windows\System32\en-US\Licenses\
- the above contains a folder for all versions of Windows 7 released
(including Starter)
i.e. C:\Windows\System32\en-US\Licenses\OEM\Starter

<qp>
2. INSTALLATION AND USE RIGHTS.
a. One Copy per Computer. The software license is permanently
assigned to the computer with which the software is distributed.
That computer is the “licensed computer.â€
</qp>


The EULA usage rights for all OEM versions of Windows 7 when prepackaged
with the computer is the same.
- for use solely on the system (permanently assigned) with which it was
provided. Transfer rights are available when you transfer
the software directly to a third party only with the licenced computer

If the netbook came with a preinstalled OEM version of Windows 7 the
above would apply.
When an OEM system is upgraded using the Anytime Upgrade the following
applies

<qp>
b.Windows Anytime Upgrade License. If you upgrade the software using
Windows Anytime Upgrade, your proof of license is identified by
• the genuine Microsoft Certificate of Authenticity label for the
software you upgraded from, ***and***
• the genuine Microsoft proof of purchase label from the Windows Anytime
Upgrade Kit you used to upgrade. Proof of purchase may be subject to
verification by your merchant’s records.
</qp>
i.e. the OEM license assigned to original licensed computer continues to
apply to the licensed computer (and only to the licensed computer) in
conjunction with the upgrade license after upgrading the licensed
computer to a higher level Windows o/s.

Thus no matter how or what is accomplished the OEM licence for a
pre-built computer with a Windows version remains permanently assigned
to the original licensed PC.

*****Note:
Legality and what is 'technically feasible' are two different things.

Likewise 'Licensing' and Copyright' are also two different things.
Copyright
- The owner of a copyright can control reproduction, preparation of
derivative work, and distribution of copies of the work. i.e. authors
like Microsoft can benefit from their creation by controlling who uses
it and how.
Licensing
- A license allows copyright owners to direct how the product can be
used, and allows them to willingly extend (lend) some of the copyright
rights. e.g. licenses like Windows allow use for personal purposes;
however, to redistribute the software permission and additional
licensing fees may have to be paid to the copyright owner (fyi -
redistribution is different than transfer)
Thank you for your detailed reply. I wasn't aware that the
license file's name had changed. That explains why I could
not find the EULA.
 
M

mechanic

But the MSFT licence/activation database/system is the only
enforcement system there is (no?). In this case the OP seems to have
no problems, or even moral worries, so let sleeping dogs lie, I say.
 
C

choro

But the MSFT licence/activation database/system is the only
enforcement system there is (no?). In this case the OP seems to have
no problems, or even moral worries, so let sleeping dogs lie, I say.

The sage has spoken. And spoken well!--
choro
*****
 
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D

Desk Rabbit

But the MSFT licence/activation database/system is the only
enforcement system there is (no?). In this case the OP seems to have
It's the only one we know about ;-)
 

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