Is This illegal?

WeezleXX89 · Sep 29, 2006

My friend gave me a case which is emachines and it has the XP code which usaully comes with the case. If i wanted to install XP on another hard drive, is it illegal to use the key which wasnt mine in the first place?

dicecca112 · Sep 29, 2006

absolutely and besides it won't work

jcw122 · Sep 29, 2006

Yeah it won't even work anyway.

InThrees · Sep 30, 2006

It's not that clear cut. If there is no windows installation on the face of the earth using that key or that will use that key, then I believe you could use it. You do, after all, have the sticker. This is why 'replacement media' for various windows flavors is so relatively inexpensive - it's the key that is generally the expensive part.

dicecca112 · Sep 30, 2006

InThrees said:
It's not that clear cut. If there is no windows installation on the face of the earth using that key or that will use that key, then I believe you could use it. You do, after all, have the sticker. This is why 'replacement media' for various windows flavors is so relatively inexpensive - it's the key that is generally the expensive part.

how is it not clear cut. Read the EULA. to be installed on one computer. Violation of the EULA is considered piracy which the last time I checked was illegal

WeezleXX89 · Sep 30, 2006

oh ok thanks i just didnt want to break the law. thanks for advice

pik4chu · Oct 2, 2006

You CAN however reinstall XP on that machine but the keys are sold with a machine(thus you cant move it), hence the sticker

WeezleXX89 · Oct 2, 2006

meaning you would have to pay for a new sticker right?

Randyman... · Oct 3, 2006

The Case could be considered "The PC" (

). Its still the same case that License goes with (new "guts").

Its all Words!

Vaio · Oct 3, 2006

I would have to disagree with those who said it wouldn't work, if you were to try it (which would be a VERY bad thing to do. SHAME ON YOU IF YOU DO IT). I had the code from my old Vaio, and it was used on my new system until I could afford to buy a new copy of Windows XP (at which point I promptly formatted my system, installed the new copy, and destroyed the old code in a safe and legal manner).

:beer:

hafa · Oct 3, 2006

Randyman... said:
The Case could be considered "The PC" ( ). Its still the same case that License goes with (new "guts").

Its all Words!

Actually, it's the motherboard which the OEM license is attached to. As long as you use the exact same make and model of motherboard, it can technically be considered the same computer, as replacement of defective parts is allowed. Remember, however, that it's one license per machine.

More information about product activation for OEM copies of Windows XP is available here

Randyman... · Oct 3, 2006

Words. The sticker is on the Case

That's my story, and I'm sticking to it...

freakdiablo · Oct 3, 2006

so im guessing you keep building a new rig, installing the same version of windows, and just using the same case?

Randyman... · Oct 3, 2006

Nope. I have 5 legit OEM Licences, and 5 running PC's...

But one can interpret things however one wishes... Just stating my take on OEM's is all

UnseenMenace · Oct 3, 2006

Randyman... said:
Nope. I have 5 legit OEM Licences, and 5 running PC's...

But one can interpret things however one wishes... Just stating my take on OEM's is all

The Windows XP OEM licence actually states :

If the motherboard is replaced, the computer system is deemed "new" and a new license would be required.

WindowsXP OEM EULA

Im not aware of how you can have any take other than the way it is worded.. if you have a OEM case with a sticker and rebuild the system using a different motherboard to the one the system was shipped with you require a new licence !!

raven · Oct 3, 2006

Thank you hafa and Unseen for stating and quoting those specifics, I was going to post the exact same thing this morning.

So the fact of the matter is, WeezleXX89, that if you wanted to use that same eMachine computer with that license, then you would be able to. If you wanted to replace, or add a new Hard Drive and install Windows using that license code, then it would be legal. But what would be considered illegal is if you were to change the motherboard on that PC (with a new one, if the old one wasn't broken), and then reinstall Windows using the key on the sticker of the case (as per the EULA as Unseen quoted).

Also, if you wanted to read more about this, here are few threads from these forums which have already discussed this issue.

I, in the past, also had a few questions about the legalities of Microsoft licensing, and when I found out that I wasn't legally able to do what I wanted, I ran out and purchased myself a legit copy of XP at my University. It didn't cost me nearly as much as if I would have bought it at a local store, and on top of that, it sure does feel much better when you know you are running legit.

Raven

Rafjr00 · Oct 3, 2006

When in doubt...buy a new copy with a new key. :bang head

Wish Microsoft would lossen up abit.

Randyman... · Oct 3, 2006

As you were. We all have different points of view on Fair Use. I believe my point of view to be perfectly fair in the big picture (moving an OEM is fine in my eyes, running a single OEM License on multiple machines that will be used simultaneously is not). I have spent well over $500 on XP OEM Licenses, and I'm the only one who uses them! I'm sure as hell not giving Bill any more cash for a while...

MS would have you buy a new OS for every re-installation if they could! The EULA is just a bunch of words. Legal Eagles and their greedy ways

I guess you all abide by anything MS's lawyers write?

Fair Use is what I'm getting at... We have to put our foot down somewhere - if you won't, I will...

crofty83 · Oct 3, 2006

With regards to the OEM license; If I was to buy a LEGAL OEM copy of Windows XP Pro and install it on a system thats a year old. Would that be legal or illegal?

hafa · Oct 3, 2006

Randyman... said:
Fair Use is what I'm getting at... We have to put our foot down somewhere - if you won't, I will...

Actually, the Fair Use Doctrine "allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review."

The EULA agreed to upon installation is a binding contract limiting the specific use of the license purchased. The fair use doctrine does not come into play for the use of a licensed product, since the use of said product does not qualify as a fact or idea: "facts and ideas are separate from copyright—only their particular expression or fixation merits such protection"

You may put your foot down if you wish, but doing so publicly may be the equivalent of putting it down into a pile of a noxious substance otherwise known as a lawsuit.

Is This illegal?

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