Re: Microsoft bullying letter :(

On Sun, 20 Dec 2009 06:15:46 -0800 (PST), Gary Baldi <tim.richards@xxxxxxx> wrote:

On Dec 20, 9:17 am, "Niel J Humphreys"
<ad...@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx> wrote:
Orignally posted in an IT newsgroup but it was mentioned in that thread this
may be of interest to some people in uk.legal so...

Had a legal letter from MS flop on my doormat yesterday morning by Special
Delivery. They had an 'agent' make a test purchase of one of my EBay items
which was installed with a legit XP install with correct COA on the machine
(It passes both activation and Windows Cenuine Advantage online test).
However because their 'forensic testing' showed I did not use the original
restore CDs and neither did I supply them with the machine they are
threatening to sue me unless I pay them £2500 compensation. Also they are
basically saying that the COA (OEM Branded) was sold to the OEM for the
OEM's use only and I did not have the legal right to use the keycode on it
for the installation.

Obviously I may have to cave in to their bully boy tactics and cough up (We
all know what happened to Paul of IT Dealers when MS came knocking on his
door) but I will speak to them on Monday and see if I can talk them down as
I did sell the machine in good faith - though I realise ignorance is no
excuse etc. Expensive lesson, I never realised it was 'MS illegal' to sell a
machine without the original restore media or intact recovery partition.

However it looks like MS are recruiting people to do test purchases so watch
out anyone selling PCs or laptops. The delivery address for mine was in
Swindon, I can provide the full address for anyone's reference if you email
me direct.

Niel H
Snowdon Computers Ltd

It's a bit of a grey-ish area (when it suits Microsoft).

You hear lots of stories about "it's not the physical media, it's the
COA that determines whether you're legally licensed".

But OEM equipment is a different puppy. If, for example, (and I'm not
suggesting this is what you've done!) you've installed an HP OEM OS
onto, say, a Dell and have entered the Dell key from the COA then yes
it'll validate, yes it'll pass WGA. But it's also equally likely that
doing so falls foul of MS's OEM licensing.

...and of course the person selling the PC, especially if not the original owner, may well not be
bound by their licensing terms in the first place - how can anyone prove who clicked the 'I agree'
button?
.

Relevant Pages

  • Re: OT - Software License Question
    ... That is an OEM copy. ... Now, the copy you got is Dell branded, so the COA may or may not work.. ... Go ahead and install it... ... package around this disk. ...
    (rec.games.pinball)
  • Re: Microsoft bullying letter :(
    ... which was installed with a legit XP install with correct COA on the machine ... basically saying that the COA (OEM Branded) was sold to the OEM for the ... The delivery address for mine was in ...
    (uk.legal)
  • Re: 1 XP Pro CD with 2 lic. keys on 2 computers?
    ... I did what you said and it says OEM, but my COA ... Product Keys are not simply tied to the disk, they are tied to the type of ... A full install OEM disk has it own set of PKs, ...
    (microsoft.public.windowsxp.general)
  • Re: Features of OEM version of Windows XP Pro?
    ... Make sure you purchase what is referred to as a "FULL OEM" CD. ... secondary) HD and install XP there using a "FULL OEM" CD. ... >Will this version allow me to make repair installs without erasing all disk ... This COA will also contain holograms. ...
    (microsoft.public.windowsxp.general)
  • Re: PC hangs during activation and non-activation
    ... As you have a new OEM OS license, it sounds like you are trying to do ... license, the OS will not be tied to the old MB, so it should install just ... since windows won't start.? ... How to Perform a Windows XP Repair Install ...
    (microsoft.public.windowsxp.setup_deployment)