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Is selling MS Windows XP illegal?





jamesmackle
I have a question... I have bought a new pc to replace my old one, and I will be selling my old hard disk (once fully formatted).

What I want to know is, can I sell the version of Windows XP Home Edition that came with it? I have the recovery disk, and I can peel the product key from the old base unit. Surely with these two things and the hard disk which it was originally sold with being formatted, I can legitimately sell these?

I've also heard that I will need to sell it with some piece of hardware for "legal" reasons as it's only supposed to be sold with a new pc... I'm confused and stupid, so any help would be appreciated!

A - Not sure if it's legal
B - Not sure if a recovery disk will install XP
C - Not sure if I need to sell with some hardware

I don't want to do anything above the law, and I don't want to rip anyone off, I just want to claw back some of the cash I layed out for two versions of XP, one of which I no longer use.
SamiTheBerber
jamesmackle wrote:
I have a question... I have bought a new pc to replace my old one, and I will be selling my old hard disk (once fully formatted).

What I want to know is, can I sell the version of Windows XP Home Edition that came with it? I have the recovery disk, and I can peel the product key from the old base unit. Surely with these two things and the hard disk which it was originally sold with being formatted, I can legitimately sell these?

I've also heard that I will need to sell it with some piece of hardware for "legal" reasons as it's only supposed to be sold with a new pc... I'm confused and stupid, so any help would be appreciated!

A - Not sure if it's legal
B - Not sure if a recovery disk will install XP
C - Not sure if I need to sell with some hardware

I don't want to do anything above the law, and I don't want to rip anyone off, I just want to claw back some of the cash I layed out for two versions of XP, one of which I no longer use.

I guess that you can sell it only with OEM. But buyer could ask if it is all ready use, because it couldn't work in other pc. So maybe you can't sell it or nobody will buy it, if they haven't un-used key already.

It doesn't depend for cd just for OEM-key.
Daniel15
Quote:
I've also heard that I will need to sell it with some piece of hardware for "legal" reasons as it's only supposed to be sold with a new pc... I'm confused and stupid, so any help would be appreciated!

Ah, that's called an "OEM" version. That means that it needs to be sold with a piece of hardware. OEM versions are cheaper versions that come with new computers. However, OEM versions can only be sold with either a new computer, or a piece of hardware.
prongs_386
well that's by a retailer, hmm if your selling it cheap asa second hand item it could be fine, im not really sure.
otiscom
If you sell the whole PC with all the original hardware there is no problem.

Selling the disk seperately with XP installed will cause a problem with Windows updates, a key is generated by the OS that identifies with certain hardware installed. If the disk were used on new hard ware this key would not identify with the new hardware!

This would mean "Windows Genuine Advantage" won't allow updates.

A recovery disk will not install the OS, it's purely for recovering broken OS's.
Nyizsa
Try searching Windows Help for piracy. I remember reading something there about re-selling Microsoft software. Something like you can resell it, as long as you include everything and destroy all your copies and so on. But your case is special: you can only sell the recovery disks to the guy who buys your computer. It won't work on an other one. (Maybe on a completely identical one?) So, it turns out that you WILL sell your Windows with hardware... Difficult, isn't it?
headlong
There are people selling all kinds of things on eBay. You can check whether there are Windows XPs there, similair to what you want to sell. If yes, you can find out how they solve your concern as well.
Animal
headlong wrote:
There are people selling all kinds of things on eBay. You can check whether there are Windows XPs there, similair to what you want to sell. If yes, you can find out how they solve your concern as well.


Just because it's being sold on eBay doesn't make it legal!
MonkeyWrench
once the disc is in use u cant use it again, so selling it onto someone would be selling something that doesnt work, you might as well forget about selling anything from microsoft, its all illegal Smile,

have u ever read the box in which it came with? it tells u all about the illegal things you musnt do with the disc.
flashmoto
OEM stands for Original Equipment Manufacturer. I'm going to use Dell as an example. Let's say you bought a dell pc today. Dell gives you windows xp installed on it. That windows xp has it's own serial number but it's oem meaning that the manufacturer has installed it for you. There are multiple advantages of having a oem windows xp, one major one is the fact that you don't need to register with microsoft everytime you reinstall it. Dell might also give you oem backup cd's so that if you system goes down, you might have to reinstall windows using that cd. These cd's don't work with hp or other computer. You need to have a specific computer to install this windows. If you sell your computer you can sell these cd's with the hardware that they came with.(in this case, it would be the dell computer)
Microsoft doesn't get involved unless the hardware number(it's generated depending on what kinds of hardware you have on the system) changes.

Quote:
The End User License Agreement (EULA) for OEM software, including Windows XP, states that the software is licensed as a single integrated product in connection with the hardware. However, it's important to remember that the end user cannot see nor accept the electronic EULA until the software is installed on a fully-assembled computer system. So, even though the original OEM software unit may have been distributed with a component, like a hard drive, it isn't until the software is installed on a fully-assembled computer system that it becomes "married" to the hardware.

In general, OEM software may not be transferred from one system to another system. However, the computer system can certainly be updated with new components without the requirement of a new software license. The only exception to this is the motherboard 1. If the motherboard is replaced 2, the computer system is deemed "new" and a new license would be required. Other PC components may be upgraded, including a hard drive. Though if the hard drive 3 is replaced/upgraded, the operating system must first be removed from the old hard drive. To restate: the operating system is "married" to the computer system on which it is originally installed.

If you haven't already, please take a moment to review a comprehensive group of OEM Licensing Questions and Answers which are specific to system builders:
https://oem.microsoft.com/worldwide/514341.asp.

The link above is for registered OEM builders.

Thank you,
The Microsoft OEM System Builder Licensing Team


^copied from a post from kurttrail posted to the msnews.microsoft.com newsgroups
Animal
This is really a tough question I suppose. As long as you're not breaching copyright (ie. keeping a copy of the OS for yourself then selling off the disks) then it should be legal. By selling it on, you would be breaking Microsoft's terms and conditions.

Last time I checked, Microsoft didn't make the law, so by fair use rights and consumer rights, you may be able to sell the software on legally.

Now for the complex part: Remember that really long text document they told you to read right before you hit the box saying "I Accept"? In there will most likely be a clause about you not transferring the software to another party. Technically, by selling it on you would not be breaking the law but you would be breaking the agreement between yourself and Microsoft. In this case, contract law would probably come into force. I think the short answer is that you wouldn't be arrested, but if Microsoft caught you, they could sue you for breach of contract. This might seem unlikely, but the agreement's so long, there's probably a clause that says "I accept that if I breach any one of these terms, Microsoft can take every single thing of value I own including my car, house, clothing and any valuable family members to be sold to the slave trade."

You just have to ask yourself is the hassle and worry worth the $50 you'd make from selling the software?
abhinav_shah
You can't sell MS Windows.


http://www.abhinav.frih.net
http://www.abhinavs.uni.cc
toronja
Yes, sure...
bassgs_17
Micro$oft is really touchy on the whole OEM thing. I believe that they severely frown upon the sales of OEM CDs by themselves, but I am not aware of the amount of legal reprocussions that can result. Sorry for the lack of help... Copyright laws and I don't get along too well. I do not pirate, but it sure does get expensive buying everything...
-Aquastrike
Vanquish
I don't see why you would have to sell it with a peice of hardware/software as I bet the company sold it without hardware/software. It's like saying 'you can't sell that mouse unless you sell it with a keyboard!' I personaly don't think you have to sell it with hardware, my brothers friend gave me a free version of Windows XP with a CD Key, i'm not sure if it's legal but oh well!
nuikku
i say no.. you don't get sell it
ocalhoun
Go ahead and sell it!
Of all the people doing so, you are unlikely to be prosecuted.
cheeta
ocalhoun wrote:
Go ahead and sell it!
Of all the people doing so, you are unlikely to be prosecuted.


may i ask why?? as its clear very much thats its a violation of ToC... so if they guy who buys the Product comes to this web site & finds that his product is pirated then?? most of all he wont b able to activate it...

so its not possible...
jonlewis_3
you cant sell the recovory disk as it is spercific to the computer it came with. It is likely to damage the other system if you try and install it else where. Also on recovery disks it is only an image of xp because microsoft got fed up of people copying recovery disks and selling them.
Donutey
Ebay really frowns on people that resell copies of windows etc... but they don't really regulate it that much...
Ashis Kumar
If UR not Bill Gates...well then its illigal for U to sell Windows!

But that doesn't mean U can sell Doors they are copy protected too Laughing
I like there music! Very Happy
AffroThund3r
I would say that if you are selling it with a product key, and that product key will only be used on that machine that it is OK.

I would say that it is your copy to sell, as long as you are not using on your new machine I can't see any issues. i think that the only problem Microsoft would have is if you carried on using that copy of windows on your new machine and left if on the machine you were selling and therefore using the one copy twice.
gonzo
yes if its the retail version
no if its oem -- plus most oem disks are "locked" to a particular vendor hardware
haris3
If thay one serial number has already been used and installed on a system and you went online, you can't use that serial again on a different machine. Each machine has its own id number. Only unused keys can be used. So i guess you would not be able to use it.
appsapps
Like stated before...that copy of XP is married to the pc it was installed on. If you are now selling that pc, you should include all disks that belong to it at no extra charge.

This would mean all the driver cd's that came with it, and the recovery disks.

Now about that copy of XP you bought and how to recover some of the costs: raise the price of the pc, and throw it in for 'free', since nobody but the person that buys that pc can use it any way.

I seriously doubt that it would be considered to be illegal. It never was illegal in the past to sell the OS that is installed on the pc with the pc, as long as you gave the original cd with it and didn't keep any copies of it for your own use.
ChargerBear
The post that said that the windows disc is married to the computer was right. Some things that were said like the disc wont work on other computers is wrong. The OEM(original eqipment manufacture) belongs to the computer that it was sold with. Some people might dispute the sold part of that statment, but even OEM versions cost money. The buyer is paying for the OS(opererating system) in the price of the computer. You can install an OEM version of windows on a different computer and it will install, but that changes your name from user to pirate. To keep being a user and staying on the good side of the law, the OEM windows XP product key number that came with the computer, needs to stay with that computer. On the computer I'm using, I bought it on the internet and when it arrived I didn't realize it didn't come with the windows XP home disc until it crashed. Then I realized it. I reinstalled winXP home with an OEM disc that I got with a different computer that I bought. The product code sticker from the original disc was stuck to the bottom of my computer. When the installation program asked me for the product code, I put the code in from the sticker on my computer, instead of the code that I received with the disc that I used. Windows XP was installed and I have gone to windows update. Windows update has a new authentication program that checks to see if your using a pirate version or an authorized version. I passed the test and was able to update through update. The bottom line is that if you sell the computer and you sell the OEM discs W/the product code seperately to be used on a computer that is not the original equipment that the product code was issued to you are a software pirate. The product code number for the OEM Version of windows has to be given to the person that buys the computer. If that number is sold to 1 or more people that dont have the the original equipment, then you are a pirate.
Hogwarts
Yeah, I think it would be as long as you have not registered the CDKey, it's legit, the cd is not burned, it's not stolen, you don't plan to use it after you have sold it etc.
KHO
lf you read the EULA (End User License Agreement) it pretty clearly states that you do not actually own that copy of Windows, you are basically just renting it in a sense. If you owned it after purchasing it, you could sell it/ modify it at will, and it would be open source if you owned it after you bought it. However, to keep us extreemely limited, they meerly "rent" it to us. So yes, it is illegal to re-sell it Neutral
lukebacon
EULA is right...it will tell you all you need to know, although from experience on MS they wont let you resell, particularly if it's OEM. Bear in mind that OEM software is linked to much more than just the hard drive, it can include motherboards, CPUs, and even drives in the original machine.

As far as recovery discs go-they vary hugely, but in general they are simply restoring the computer back to how it was when you bought it, basically a clean install of windows with a few extra bits of the manufacturers software and drivers etc. If you have one of these, then this is the only way to reinstall windows. Bear in mind also that, as well as being special OEM versions, these CDSwill ONLY work with the computer they were provided with, they are really specific and using them with any other mahcine will probably screw it up completely! (so they are even worse to sell on!)
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