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From: C on 16 Nov 2009 11:29
Daave wrote:
> C wrote:
>> Pegasus [MVP] wrote:
>>> "Chente" <Chente(a)discussions.microsoft.com> wrote in message
>>> news:07E100C8-66CE-4F65-A6CA-98EDA5D57163(a)microsoft.com...
>>>> If I bought a Dell Computer with XP pre installed (got the disk
>>>> anyway) and
>>>> that machine is dead, can I install this XP in a new HP machine
>>>> purchased recently?
>>> Sorry, you can't. OEM licences are married to the machine on which
>>> the product was installed. Divorce is not possible.
>>>
>>>
>> Correction: *branded* OEM versions are married to the machine, not
>> generic OEM versions; and, although the EULA of same prohibits it, it
>> is possible.
>
> I suppose we could extend the metaphor and call that "cheating." ;-)
>
>

:-)

C
From: Tim Slattery on 16 Nov 2009 12:51
Anteaus <Anteaus(a)discussions.microsoft.com> wrote:

>
>I take it the HP has Vista, and that is why... :(
>
>Licence-wise you're not supposed to do that, but physically it will usually
>work so long as:
>
>It's a real XP CD, and not a 'recovery disk' (A real CD has an 'i386' folder
>on it)
>
>You have a valid COA key from the old computer, and this is not being used
>elsewhere, and has not been re-activated recently.

I don't think so. This is a Dell OEM version, and therefore is pretty
surely BIOS-locked to the Dell that it came with. It wouldn't work on
any other computer.

--
Tim Slattery
Slattery_T(a)bls.gov
http://members.cox.net/slatteryt
From: Ken Blake, MVP on 16 Nov 2009 14:03
On Mon, 16 Nov 2009 07:47:02 -0800, Chente
<Chente(a)discussions.microsoft.com> wrote:

> If I bought a Dell Computer with XP pre installed (got the disk anyway) and
> that machine is dead, can I install this XP in a new HP machine purchased
> recently?



There are two issues here--the "can I" issue, and the "may I" issue.

Taking the "may I" issue first, no, you may not. The biggest
disadvantage of OEM versions is that their license ties them
permanently to the first machine they are installed on and they may
never be installed on any other machine.

Regarding the "can I" issue, most OEM versions provided with OEM
computers are BIOS-locked to the particular computer and will not
install on a different one.

Almost certainly your Dell is BIOS Locked, so in your case, you *may*
not and you *can* not.


--
Ken Blake, Microsoft MVP (Windows Desktop Experience) since 2003
Please Reply to the Newsgroup
From: VanguardLH on 16 Nov 2009 14:34
C wrote:

> Pegasus [MVP] wrote:
>
>> Chente wrote ...
>>
>>> If I bought a Dell Computer with XP pre installed (got the disk
>>> anyway) and that machine is dead, can I install this XP in a new HP
>>> machine purchased recently?
>>
>> Sorry, you can't. OEM licences are married to the machine on which
>> the product was installed. Divorce is not possible.
>
> Correction: *branded* OEM versions are married to the machine, not
> generic OEM versions; and, although the EULA of same prohibits it, it
> is possible.

Doesn't matter whether branded or not. An OEM version sticks to the
first host on which it is installed. That you buy the generic OEM
version doesn't alter that you then become the OEMer (system builder)
doing the install. If the host on which you install the OEM version
gets stolen, lost in a divorce settlement, burned up in a fire, smashed
under the tires of a car or hurled off a cliff, or impaled by a rhino,
you lose the OEM license if you lose the host on which it was installed.
However, the OEM license does not forbid you to upgrade or repair your
host (which can be extensive).

It really isn't that difficult to differentiate the license (which is a
contract to which you agreed) versus the software. You would be
violating the *license* if you installed the OEM version on a different
host. If you don't agree to the contract, don't use the software.
From: C on 16 Nov 2009 19:33
VanguardLH wrote:
> C wrote:
>
>> Pegasus [MVP] wrote:
>>
>>> Chente wrote ...
>>>
>>>> If I bought a Dell Computer with XP pre installed (got the disk
>>>> anyway) and that machine is dead, can I install this XP in a new HP
>>>> machine purchased recently?
>>> Sorry, you can't. OEM licences are married to the machine on which
>>> the product was installed. Divorce is not possible.
>> Correction: *branded* OEM versions are married to the machine, not
>> generic OEM versions; and, although the EULA of same prohibits it, it
>> is possible.
>
> Doesn't matter whether branded or not. An OEM version sticks to the
> first host on which it is installed. That you buy the generic OEM
> version doesn't alter that you then become the OEMer (system builder)
> doing the install. If the host on which you install the OEM version
> gets stolen, lost in a divorce settlement, burned up in a fire, smashed
> under the tires of a car or hurled off a cliff, or impaled by a rhino,
> you lose the OEM license if you lose the host on which it was installed.
> However, the OEM license does not forbid you to upgrade or repair your
> host (which can be extensive).
>
> It really isn't that difficult to differentiate the license (which is a
> contract to which you agreed) versus the software. You would be
> violating the *license* if you installed the OEM version on a different
> host. If you don't agree to the contract, don't use the software.

Tell me something I don't know. Read my post again where I wrote:

"and, although the EULA of same prohibits it, it is possible." And,
indeed, if you are willing to go what many say is against the EULA, it
most certainly is.

Why you have to inject some kind of self imposed morality whether it is
acceptable or not to violate an EULA is not relevant to the matter at
hand, nor is your advice as to what one should thing when agreeing to a
contract or not.

That said, you mentioned that upgrading is acceptable and can be
"extensive". With that logic, you can upgrade a screw from your old
computer and all other hardware could be new. In short, this part of
EULA is worthless because it does not state what a computer is or isn't
and probably is the reason MS has never taken anyone to court over it.

C
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