[Ham-Computers] RE: Looking for XP Operating System

[Hsu, Aaron (NBC Universal)]

Since I deal with licensing issues on a regular basis, perhaps I can offer some info I've learned over the years with Microsoft (and Adobe plus a few other companies).

Microsoft's End-User License Agreements (EULAs) vary depending on the type of product and whether or not the purchase is covered under a volume contract of some sort (the volume contract terms may override standard EULA terms).

Generally, all "retail" Microsoft products - products that come in a pretty box purchased "off-the-shelf" (and often includes a manual) - are considered "retail" products.  This includes operating systems.  MS's EULA allows you to "transfer" all rights and ownership of that license to another computer as long as the product is un-installed (or destryoed in some way) from the old computer.  So, if you have a "retail" boxed version of Windows and want to transfer it to another PC, you can as long as you un-install it from the old PC first.  Same goes with applications (such as Microsoft Office).

Microsoft also sells "OEM", "Volume License", and "System Builder" versions of software.  When it comes to Operating Systems, once one of these versions is installed on a computer, it it forever married to that PC and can never be transferred to another PC.  These versions of MS products cost less than the "retail" product and the "marriage" is the price paid for the lower cost up front.  These versions are also not be sold at "retail", meaning you're not supposed to be able to buy an "OEM"/"System Builder" copy of Windows from a store.  Only the "OEM" or an authorized "System Builder" can buy/use these versions of software.  An example of an "OEM" would be a brand name vendor such as HP, Dell, IBM, Acer, etc.  An example of a "System Builder" is your local mom-and-pop computer shop or possibly a PC consultant that builds systems.  So if you purchased a computer with the Windows pre-installed, it's most likely an "OEM" or "System Builder" license that's forever married to that computer - can't be transferred.

One last thing...if you buy an "upgrade" version of software, you still need to retain the original copy in order for the upgrade to be considered a valid license.  In other words, you can't buy an "upgrade" version of Windows and then transfer the older license to another computer - the old license plus the "upgrade" license constitute a new, "complete" license (the "upgrade" license by itself is invalid).  The "upgrades" cost less as you're adding value to the existing license, not replacing it.

I won't get into the details of "selling" an old license...that's a very gray area and each vendor's EULA handles this differently.

Note: I'm not trying to be the license police nor am I a lawyer...just passing along knowledge gained over the years.  It's up to you how you wish to use this information.  =)


73,

  - Aaron Hsu, NN6O



-----Original Message-----
Sent: Thursday, April 12, 2007 8:26 AM
Subject: [Ham-Computers] Looking for XP Operating System

Hello,

I am looking for an unused XP operating system. I bought a sound card and 
need XP in order to user it.

According to Microsoft you can transfer ownership of an operating system to 
someone else as long as you do not retain and use copies of it. Maybe 
someone has upgraded to Vista and is no longer using XP.

This must be an older version of XP in which it is not tied to your 
hardware. If it is impossible for me to use it please let me know. Thanks!



Loren