Re: WINDOWSL XP PRO LICENSE STICKERS - LEGAL QUESTION.

Barry Watzman wrote:

Legally, you can't sell the sticker separately and should not remove
them from the computers.

Microsoft has different "types" of Windows licenses. All of the
licenses that have stickers attached to the machine are "OEM" licenses,
although within that category, there are two subcategories (one for
large OEMs like Dell, HP, Compaq etc., and one for small OEMs, such as
local shop "system builders").

An OEM copy of windows is married to the comptuer it was first installed
on FOR LIFE. LEGALLY, it can never be moved to a different computer, no
matter what.

There are two questions which this raises that I don't know the answer to:

First, does Microsoft's "product activation" actually enforce this?
That is not clear. For non-OEM (e.g. "retail" copies of Windows), the
product activation server resets after 120 days, and also if you have a
problem, the human product activation specialists will give you a new
key if you tell them it was wiped from an old system and is being moved
to a new computer. The human specialists absolutely will not do this
for an OEM copy, although there are some other explanations that may get
you a new product key. It's not clear if the 120 day reset is applied
to PA on OEM copies by the PA servers or not. Also note that since last
February (2005), ALL re-activations of "large-OEM" (e.g. Compaq, Dell,
etc.) copies MUST be done in person with a live product activation
support specialist. OEM copies no longer activate online automatically.

Second, Microsoft has never been able to define what constitutes "the
computer" that the serial number is tied to.

I found a statement on the Microsoft site that they consider it to be the
combination of case and motherboard, however they allow motherboard
replacement for repair purposes. Whether that definition has any legal
force or not I have no idea.

In any case, legally, you can't sell the sticker separately and, in
fact, Microsoft's legal firms have specifically been targeting and going
after unauthorized sales of COA's. I can practically guarantee you that
if you put COA's on E-Bay, you will be inviting a HUGE problem to come
and visit you.

Tech2 is generally right that you can't sell the stickers. I see one
possible glimmer here, which is that if you truly never used the OS at
all, and if it never contacted the MS PA server, then one could argue
[possibly] that the "marriage" of the OS to the Hardware never actually
occured. However, the license for OEM copies of Windows (which is very
different in some regards from the license for "retail" copies) involves
THREE parties, Microsoft, the system builder (Dell or whoever) and the
end user. The bottom line is that even if the end user never used the
software, not even once, I think that there are terms in EULA that still
make it illegal to transfer the COA to any other system.

Even if this is a valid theory of law, I don't think it has been tested in
the courtroom, and the costs of testing it even if one wins are going to be
more than one is likely to make off the sale of 100 OEM stickers.

[Another consideration here is that I think that the stickers are made
in such a way that any attempt to remove them mechanically void them
anyway.]

FWIW, I've got a laptop with an OEM XP Home sticker on the bottom that seems
to be doing its best to come off, but it looks like it's going to leave a
layer of something when it does.

Tech2 is, if not exactly right in all regards, much closer to being
correct on the legalities than tech1.


compubyte wrote:
Okay to make this as short as possible ..

I have about 100 pc's that I am selling . However I have my techs wiping
the hard drives on them, and removing the Windows License Stickers on
them, so that I can decide on wether to sell those seperatly on ebay or
where ever.. because they were never used.. we bought all the pc's and
then instantly installed 2000 Pro on all of them . never activating the
Win XP Pro version
on them. ( in the future we may start using xp thou) . but anyways. the
problem is.. One of my techs (Tech 1) said to remove the stickers. and
sell
them on ebay. because they were never used and still good, my other tech
(Tech 2) said No.. that they should stay with the computers. because they
can get more money for the systems. Yet tech1 said whoever gets the pc's
may not install xp, may do what we did with 2000 pro, or put 98 on it
etc. and if they install xp . would have there own xp cd and licenses and
woudn't need ours.. Tech2 then said. We can't sell the stickers. even
thou I PAID FOR THEM and didn't use them. he's telling me they must stay
with the pc's or be thrown out?? .. I asked Tech1 to call Microsoft to
find out what the deal was, being that the stickers were never used /
activated .. and he said that MS would say "NO" automatically cuz they
would make more money..

SO my question is.. which one is right?? They are BOTH very intellegent
techs and I respect both of there opinions. but.. I do not want to "play
favorites" or side with one or the other.. BUT I want to do the right
thing.. Which I'm torn on, simply because I paid for these and was under
the impression from Tech1 since day 1. that I was wasting money
purchasing these systems with stickers, but when I contacted Compaq. they
said it would cost MORE to have the systems WITHOUT the OS on them .. so
I continued to purchase them with it..

thanks for your help to settle this dispute..




--
--John
to email, dial "usenet" and validate
(was jclarke at eye bee em dot net)
.

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