Is It Legal?

Discussion in 'Windows 64bit' started by Gary MCSE, Jun 28, 2005.

  1. Gary MCSE

    Gary MCSE Guest

    Is it legal for someone to sell XP corporate to an individual on an auction
    site?

    It seems like an inexpensive way to load XP on a bunch of your home PCs.

    Not sure of the legalities though.
    I know there was a copy going around a few years ago that didn't need
    activation but it was a pirated copy and the cd key was killed off soon
    after its release.
     
    Gary MCSE, Jun 28, 2005
    #1
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  2. Gary MCSE

    Guest Guest

    Yes its illegal. Those are open licenses and they have to be transferred
    through Microsoft's Open Licensing program. In order to do that you must be
    elligable for the program and two you would need to purchase the correct
    amount of open licenses (at least 5) depending on how many systems you have.
    So basicly selling that license over an auction site isn't legal unless
    microsoft allows the "transfer" of the open license. That is why they do not
    require activation, because in a way, microsoft is supposed to already know
    how many licenses you have. If they suspect that the open license is being
    abused then they can audit you and fine you 200% of the value of the license
    PER copy.
    Microsoft just successfully sued several companies that were illegally
    selling licenses similar to the one you are referring too. So the risk you
    take is the license is probably not valid and so you will end up paying for
    the license AGAIN plus the money you paid for the product on the auction will
    be gone because most likely the auctioneer is not legal.

    Hope that helps. :)
     
    Guest, Jun 28, 2005
    #2
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  3. Andre Da Costa [Extended64], Jun 28, 2005
    #3
  4. It's sold to anyone who want to take out a volume license. This starts with
    a minimum of 5 PCs. So if you have a houseful, Volume Licensing may be the
    way to go.
    NOTE: Windows XP supplied via the Volume Licensing programs is an UPGRADE
    License ONLY - you must have a qualifying OS on the PC to begin with.

    --

    Regards,

    Mike
    --
    Mike Brannigan [Microsoft]

    This posting is provided "AS IS" with no warranties, and confers no
    rights

    Please note I cannot respond to e-mailed questions, please use these
    newsgroups
     
    Mike Brannigan [MSFT], Jun 28, 2005
    #4
  5. Gary MCSE

    Jud Hendrix Guest

    But, how do al those spam-sites sell their software then? I thought
    there was a legal loophole to sell OEM-software!??!??

    jud
     
    Jud Hendrix, Jun 28, 2005
    #5
  6. Andre Da Costa [Extended64], Jun 28, 2005
    #6
  7. Many of them are not legal.
    With a close look, many are in other countries where it is nearly impossible
    to contact if there are problems.
    Are you willing to take a chance with your credit card to a seller when you
    may have no recourse if there is a problem?
    Buyer beware.
     
    Jupiter Jones [MVP], Jun 28, 2005
    #7
  8. Gary MCSE

    Guest Guest

    Uh no. They are full licenses and you CAN upgrade from them if you get
    software assurance.
     
    Guest, Jun 28, 2005
    #8
  9. Gary MCSE

    Guest Guest

    Exactly. And also OEM licenses are supposed to be sold only with a computer
    system which a lot of these internet sites don't abide by. And ALSO OEM
    licenses are NON-TRANSFERABLE. Once you install that license on your system,
    it stays on that system. You may be able to move it a couple of times if you
    say you made a mistake or something. Retail licenses you can transfer. The
    best thing to do is if you want a TRUE microsoft copy of Windows XP Pro 64 is
    to go down to the store and buy it in the box. If its not in the box and
    doesn't have the certificate of authenticity (the hologram) and the
    legitamite key-code sticker then you could be playing with fate and end
    having to buy the thing all over again when MS tells you you've been ripped
    off.

    Thats why if you are trying to install XP on multiple systems at home just
    go and buy a pack of Retail licenses so that way you can transfer them later
    if you want and you will have all legitimate license. Its not a huge savings
    buying them in a pack but its better than buying each one individually.

    Open licenses are really only meant for corporations because it is too
    difficult to keep track of 100 different key codes and licenses when you can
    just use one key code and buy the open license for 100.

    Here is an idea that you may like tho, there is a licensing program that
    microsoft offers called the 20/10 program (or something similar) where you
    are allowed to install a full retail license on a desktop and on a laptop so
    you can get two licenses out of one purchase but it has to be a desktop and a
    laptop, not two desktops. They put out this program to encourage travelers to
    purchase full licenses.

    I deal with microsoft licensing reps all the time and truthfully there are
    so many different licenses and little stipulations and in some cases loop
    holes that a lot of the licensing reps themselves will admit they don't know
    it off the top of their head. And a lot of times they will have a rep that
    specializes in one particular type of license (i.e. Windows Enterprise 2003).
    I mean there are CAL licenses and non-CAL licenses, and the list goes on.
     
    Guest, Jun 28, 2005
    #9
  10. Andre Da Costa [Extended64], Jun 28, 2005
    #10
  11. Andre Da Costa [Extended64], Jun 28, 2005
    #11
  12. The Liceses sold under Volume Licesnes Agreements ARE UPGRADE ONLY !
    see
    http://www.microsoft.com/uk/windows/licensing/default.mspx
    and
    http://download.microsoft.com/downl...-963A-F90D7200D223/G02941_IS_Comm_TearPad.pdf

    What is a Microsoft Volume License Agreement?

    A Microsoft® Volume License Agreement is an economical way for organizations
    to
    acquire multiple licenses for software. There are four types of Volume
    License Agreements
    available, including Open, Select, Enterprise, and Enterprise Subscription.

    Volume License Agreement = Windows Desktop Upgrade Only
    Volume License Agreements, purchased with or without Software Assurance,
    never
    cover the initial full Windows® Desktop operating system (OS) license. They
    only
    cover Windows Desktop OS upgrade licenses. Windows upgrades are designed to
    upgrade previously acquired full Windows licenses only.

    --

    Regards,

    Mike
    --
    Mike Brannigan [Microsoft]

    This posting is provided "AS IS" with no warranties, and confers no
    rights

    Please note I cannot respond to e-mailed questions, please use these
    newsgroups
     
    Mike Brannigan [MSFT], Jun 28, 2005
    #12
  13. Incorrect

    Also see

    http://www.microsoft.com/uk/windows/licensing/howtouse.mspx
    Volume licensing only covers Windows operating system upgrades
    Some people think that having a Volume Licence Agreement means they don't
    need to buy a licence for Windows when they want to install it on a new PC.
    This is not true. Volume licences can only be used to cover the upgrade of a
    PC once it has the initial operating system already installed. This is true
    of ALL types of volume licence agreement, including academic agreements.

    --

    Regards,

    Mike
    --
    Mike Brannigan [Microsoft]

    This posting is provided "AS IS" with no warranties, and confers no
    rights

    Please note I cannot respond to e-mailed questions, please use these
    newsgroups
     
    Mike Brannigan [MSFT], Jun 28, 2005
    #13
  14. Andre Da Costa [Extended64], Jun 28, 2005
    #14
  15. Andre Da Costa [Extended64], Jun 28, 2005
    #15
  16. Gary MCSE

    Jud Hendrix Guest

    That's already a sign :)
    No way! :)

    jud
     
    Jud Hendrix, Jun 29, 2005
    #16
  17. Gary MCSE

    Guest Guest

    Listen. I HAVE an open license of XP with Service Pack 1 and it is a full
    license on the disk.

    Are you telling me that if a corporation decides to wipe 15 systems they
    have to go and get every individual disk and key that came with each 15
    systems? Yeah right.
    I think what you are thinking of is a volume license WITH software
    assurance. It is also possible to get an open license without software
    assurance so if you were correct there would be no such thing.
     
    Guest, Jun 29, 2005
    #17
  18. No - the media on the disk is not the issue here. The LICENSE is only for
    upgrade so you must have a valid license for a version of Windows previously
    installed on each PC that you intend to upgrade or reinstall to Windows XP.
    The MEDIA will allow a clean install as you also have reimaging rights under
    the volume licensing agreement.
    So IF you buy some VL copies of Windows XP you may only cleanly install them
    to the PC IF the PC previous had a properly licensed and qualifying OS
    installed and still valid prior to the deployment of the new XP image (and
    that qualifying license then becomes part of the XP license.)

    As a rule VL customers rarely buy XP licenses as the most cost effective way
    is to buy a PC with an OEM XP license then buy software assurance at the
    true up phase. (Other wise you are paying for an OEM OS and then an upgrade
    to the same OS etc)


    --

    Regards,

    Mike
    --
    Mike Brannigan [Microsoft]

    This posting is provided "AS IS" with no warranties, and confers no
    rights

    Please note I cannot respond to e-mailed questions, please use these
    newsgroups
     
    Mike Brannigan [MSFT], Jun 29, 2005
    #18
  19. Gary MCSE

    Guest Guest

    Ok now that makes more sense. Since most business are not in the business of
    manufacturing their own computers it would be extremly unusual for a company
    to do a fresh install on a system that has never had an OS before.
     
    Guest, Jun 29, 2005
    #19
  20. Gary MCSE

    Intel_Fan Guest

    I think I understand the OS VL scheme now but how about the Office Suites.
    Do they follow the same rules?
     
    Intel_Fan, Jun 29, 2005
    #20
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