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WINDOWSL XP PRO LICENSE STICKERS - LEGAL QUESTION.

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WINDOWSL XP PRO LICENSE STICKERS - LEGAL QUESTION. compubyte 02-03-2006
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Posted by compubyte on February 3, 2006, 5:56 pm
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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..




Posted by Charlie Hoffpauir on February 3, 2006, 6:35 pm
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On Fri, 3 Feb 2006 17:56:56 -0500, "compubyte"

>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..
>
>

I'm not a lawyer, but if you simply read the license for MS OEM
software, it says it is valid ONLY for the computer that it's
installed on. Basically, even the owner of the computer is not allowed
to change OEM software to another computer. So I'd say your tech no. 2
is correct.
Charlie Hoffpauir
http://freepages.genealogy.rootsweb.com/~charlieh/

Posted by DCA on February 3, 2006, 7:06 pm
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Charlie Hoffpauir wrote:
> On Fri, 3 Feb 2006 17:56:56 -0500, "compubyte"
>
>> 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..
>>
>>
>
> I'm not a lawyer, but if you simply read the license for MS OEM
> software, it says it is valid ONLY for the computer that it's
> installed on. Basically, even the owner of the computer is not allowed
> to change OEM software to another computer. So I'd say your tech no. 2
> is correct.
> Charlie Hoffpauir
> http://freepages.genealogy.rootsweb.com/~charlieh/


This is not recognised in EU law. MS have not prosecuted anyone in the
EU because of this. You may not get any support from MS but there is
nothing legally that prevents you from using the licences.
There have been many previous debates about this which you should google
You havent stated what country you are in but this should be enough to
answer your question as - you will not get a definitive answer

Posted by Paul Rubin on February 3, 2006, 7:45 pm
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> > I'm not a lawyer, but if you simply read the license for MS OEM
> > software, it says it is valid ONLY for the computer that it's
> > installed on. Basically, even the owner of the computer is not allowed
> > to change OEM software to another computer. So I'd say your tech no. 2
> > is correct.
> > Charlie Hoffpauir
> > http://freepages.genealogy.rootsweb.com/~charlieh/
>
> This is not recognised in EU law. MS have not prosecuted anyone in the
> EU because of this.

I have a vague memory that there was a US court decision that it's not
enforceable in the US either. The OP's best bet may be to ask on a
legal forum, or ask his own lawyer.

Posted by William P.N. Smith on February 3, 2006, 9:11 pm
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>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..

Your license says you can't separate the XP sticker license from the
computer it was sold with. Yes, even if it was never installed.

Depending on the vendor, those license stickers were probably
invalidated a year or so back when M$ realized that people were using
OEM keys and selling license stickers.

So you aren't allowed to sell the stickers separately, and they may
not work even if you do.

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