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post #16 of 29 (permalink) Old 2010-02-04, 07:41 AM
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^^^^
I wonder if it would have been so easy if you told him that old PC was now a server running Linux? ;-)
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post #17 of 29 (permalink) Old 2010-02-04, 06:14 PM
 
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The fact that something can be done, doesn't mean that it's legal to do it. According to the OEM license agreement, such licenses are not transferable. Can you install XP, or any other Windows version, on a different system using a OEM license key? Sure you can, and it will most likely activate with no problem if it has been more than 90 days since the last activation. But it is a violation of the OEM license agreement.

It's no different than finding ways to use an upgrade version to do a fresh install on a system with no qualifying version of Windows on it. Sure you can find a way to do it, but it is against the licensing terms.

It's no different than putting a splitter on your neighbor's cable line and getting free cable tv. It can be done, and lots of people do it, but it's not legal and technically it's theft.

This is directly from the OEM license agreement:

Quote:
Software as a Component of the Computer - Transfer. THIS LICENSE MAY NOT BE SHARED,
TRANSFERRED TO OR USED CONCURRENTLY ON DIFFERENT COMPUTERS. The SOFTWARE is
licensed with the HARDWARE as a single integrated product and may only be used with the HARDWARE. If the
SOFTWARE is not accompanied by new HARDWARE, you may not use the SOFTWARE. You may permanently
transfer all of your rights under this EULA only as part of a permanent sale or transfer of the HARDWARE, provided
you retain no copies, if you transfer all of the SOFTWARE (including all component parts, the media and printed
materials, any upgrades, this EULA and the Certificate of Authenticity), and the recipient agrees to the terms of this
EULA. If the SOFTWARE is an upgrade, any transfer must also include all prior versions of the SOFTWARE.
http://www.microsoft.com/about/legal...s/default.aspx
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post #18 of 29 (permalink) Old 2010-02-04, 06:59 PM
 
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I used to sell a lot of Microsoft software and the answer is:

If you bought a FULL RETAIL version of the O/S (i.e. the expensive version) then the license is fully transferable between systems as long as you don't run the software concurrently on different computers.

In the case of OEM software, the license belongs to the machine it was originally installed on and is not legally transferable. It is "supposed" to be a one time deal. I'm betting that Microsoft cuts some slack when transferred to another computer as it's easy to say you have the same computer and had to upgrade the motherboard as the old one got fried. Technically that's a new system but it's a tricky line for them to deal with. Ultimately, I think they're pretty good as long as they hear you indicate that it's only on one system and they're confident your not trying to install it concurrently on multiple systems. Their system also resets after "X" amount of months of NO changes to your registration I.D. and I've seen OEM versions moved to new computers with no issue simply because the old one hadn't been used or updated in some time.

One other gotcha is if the OEM O/S is a Dell, IBM, HP, Acer, etc. (branded) install vs. just buying the generic OEM O/S disk from a reseller. The big guys have the software coded and licensed to their boxes so the serial number you have probably won't work unless you move it Dell to Dell, IBM to IBM, etc. Not always the case but happens pretty often.

Cheers!

James
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post #19 of 29 (permalink) Old 2010-02-05, 11:10 AM
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Quote:
Originally Posted by barcham View Post
It's no different than putting a splitter on your neighbor's cable line and getting free cable tv. It can be done, and lots of people do it, but it's not legal and technically it's theft.
That's a terrible analogy and it's completely different. You call Rogers and ask for service and let them know your hooked onto your neighbors cable so technically your not a customer and see what happens after they have your address. I called MS and they activated my OEM copy without a hitch.
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post #20 of 29 (permalink) Old 2010-02-05, 07:20 PM
 
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Originally Posted by dezzpayne View Post
That's a terrible analogy and it's completely different. You call Rogers and ask for service and let them know your hooked onto your neighbors cable so technically your not a customer and see what happens after they have your address. I called MS and they activated my OEM copy without a hitch.
If you call Microsoft and tell them that you are moving your OEM license to a totally different computer and they will not activate it. To get them to activate it, you are required to bend the truth a bit or straight out lie.

All you have to do is go to the link I provided and you will see that an OEM license is ONLY valid on the hardware with which it was sold. There are no exceptions.
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post #21 of 29 (permalink) Old 2010-02-05, 09:30 PM
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Not true, they only ask if it is installed on any other computers, not whether this was the original computer it came with. I have several times explicitly told the MS representative that I'm installing it on a new computer but it is no longer on the old one and they have never had any issues authenticating.
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post #22 of 29 (permalink) Old 2010-02-06, 05:22 PM
 
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Look, I honestly don't care what anyone has been able to achieve when it comes to re-activating a copy of Windows. What I am telling you is directly from the EULA, the end user license agreement. If a Microsoft rep has knowingly activated an OEM license on a different system than it was sold with, they could lose their job.

I don't see why so many people have trouble understanding this. I have provided the link you need to read the license terms for yourselves. Argue all you want but the fact is that you are wrong. You do not have the right to install an OEM copy of Windows on any system other than the one it was sold with. Why do you think the license sticker is on the system and cannot easily be removed? If the license was transferable, your installation key would be printed on the manual, not on an unremovable sticker on the case.

As I posted earlier, just because you may be able to have your Windows re-activated on a different system it does not make it legal to do so.

Anyways...do whatever you want to do. Makes no difference to me.
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post #23 of 29 (permalink) Old 2010-02-06, 06:30 PM
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I take a common sense approach to software. I really don't care what the EULA says. If I buy a copy of Windows, it's mine to install where I want as long as I'm not using it concurrently. Obviously the people at Microsoft agree or they wouldn't have activated it for me.

If I buy a DVD and I want to watch a movie on my PSP I don't go out and buy it again on UMD. I rip my DVD and shrink it to fit.

If I want to spend a couple weeks at the cottage and want my Bell TV I don't buy a new plan. I take my receivers with me.

If I was walking down the street tomorrow with a brand new movie I just bought and you walked up to me, punched me in the nose, took it and ran I would probably torrent that movie instead of buying it again. Far as I'm concerned you're the criminal, not me.

Everyone has a sense of entitlement up to a point. Neither of these scenarios will ever land me in jail or court.
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post #24 of 29 (permalink) Old 2010-02-07, 11:52 AM
 
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First of all, you never buy software. All you purchase is the license to use it. When you buy a system with Windows pre-installed, you are not buying Windows, you are buying a computer with a Windows license to use it on that computer, and that computer only. If you buy a boxed version of Windows, then yes..you do have the right to install it on any system you wish as long as it is only installed on one system at a time.

And I know that none of us ever expect to be brought into court for torrenting anything, but it can and has happened to a good number of people in the rest of the world. And it's very expensive when it does. If the laws in Canada change, which they eventually will, the same thing could happen here to any of us.

The one comment I have for those who don't pay for their software is that if you don't pay for it, you have no right to complain about the price and use that as a reason for piracy. I'd love to have a Ferrari but I can't afford it. Doesn't give me the right to steal one.
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post #25 of 29 (permalink) Old 2010-02-18, 10:35 PM
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Here's an interesting that happened to me with Windows 7.

I installed W7 Pro OEM 32 bit on my new rackmount server. My worry was that the software that ABSOLUTELY had to work would not run properly under a 64 bit environment, so I decided to purchase the 32 bit OEM version.

This week, a few things happened. I managed to scrounge enough information to discover that I COULD use the 64 bit version after all. But I didn't have the install disc.

Interesting information. All versions of W7 64 bit except the OEM include the 32 bit installation disc in case you need to fall back on it. The 32 bit W7 versions however don't include the 64 bit version, OEM or not.

But here's the clincher. The license key you purchase doesn't care if your W7 installation is 32 or 64 bits. All it cares about is that it matches the version you've bought (Home, Pro, Ultimate, Full, Upgrade, OEM...). This is also reflected in the pricing, where there's no difference between the 32 and 64 bit versions of the package you decide to install.

So I emailed Microsoft to try and get a 64 bit W7 Pro OEM alternate media DVD. They told me I could order it from the Canadian order desk, for which they gave me the phone number.

Surprise! Microsoft doesn't have alternate media discs of the OEM versions. They have it for everything else, but not the OEMs. I emailed back the rep. I previously contacted, but she couldn't authorize a shipment.

So I found and downloaded the disc's ISO from the Internet (original disc image only, no cracks included), burnt it, and installed the 64 bit version.

My original purchased license key was accepted and passed WGA.

In all my dealings with Microsoft, no one said that I couldn't legally install the 64 bit OEM version. In fact, the first email I received from the Microsoft rep. clearly stated that I could switch to the 64 bit version with no problems, and this after I clearly stated that I had an OEM version of the disc. All they couldn't do was ship me an alternate OEM media disc.

The disc image I downloaded is useless without a valid license key, which I already had, and which was to be used only on the same machine that had the 32 bit version. Even the license sticker only indicates Windows 7 Professional OEM with no distinction between 32 or 64 bits.

I told Microsoft I found another source for the alternate media disc, but never told them exactly where I got it. It'll be interesting to see how they respond to that, if they ever do.

So. Legal? Illegal? Gray area? From my point of view, I'm perfectly legit. I've paid for the license with my computer purchase, and I have the invoice to back it up along with all the emails.
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post #26 of 29 (permalink) Old 2010-02-18, 10:59 PM
 
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As far as the license key is concerned, there is no difference between 32 and 64 bit versions. You should also have no problems re-installing and re-activating Win 7 on the same system as long as you haven't made any major hardware changes between installs. You are perfectly legal in doing what you did. You could have done the same thing if you had a friend who let you borrow his 64 bit install disc.

OEM versions of Windows only come with one disc, either 32 or 64 bit, but the key can be used with either version. There is also no difference in the key when it comes to language versions. The full retail versions of Windows 7 come with both 32 and 64 bit discs. I am not sure if the upgrade versions do, however but I believe they do.
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post #27 of 29 (permalink) Old 2010-02-20, 08:07 AM
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Got a response from them last night. They included instructions on different ways to activate the license key if ever I had any trouble with it. I replied that I had successfully installed and activated the 64 bit version with the original license key and that everything was working fine. I then thanked them for their help.

So for anyone who's wondering, it doesn't matter where you get the Windows 7 installation disc. As long as the disc and the license key are for the exact same edition of Windows 7, it'll work. The number of bits is not a factor.
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post #28 of 29 (permalink) Old 2010-03-06, 09:40 PM
 
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Quote:
Originally Posted by Francois Caron View Post
Got a response from them last night. They included instructions on different ways to activate the license key if ever I had any trouble with it. I replied that I had successfully installed and activated the 64 bit version with the original license key and that everything was working fine. I then thanked them for their help.

So for anyone who's wondering, it doesn't matter where you get the Windows 7 installation disc. As long as the disc and the license key are for the exact same edition of Windows 7, it'll work. The number of bits is not a factor.
I thought that was common knowledge... Vista was the same. License is good for 32 bit or 64 bit
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post #29 of 29 (permalink) Old 2010-03-07, 12:29 AM
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I've never purchased Vista on its own; it was already pre-installed on two of my computers. So I never knew about the free upgrade option.

Everything is still working fine on the new system.
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