Legality Question

**Martoch** · June 20th, 2005, 04:47 PM

Hey, anyone else watch 'Land of the Lost' way back?
I loved that show and they have the DVD Box collection at Best Buy.

Anyway...what was I gonna say?

Oh yeah, legality stuff!
If a client gives me a computer to format/clean install Windows XP, but doesn't have or never had the XP disc, I can simply pull their CD KEY from the system and reload it with my XP Pro disc. Same with Office, no prob.
However is it legal for me to give them a backup CD of either XP/Office and put their legal CD KEY on the disc? I mean, an XP Pro disc is and XP Pro disc is an XP Pro disc...it's the unique CD KEY that differentiates legal from illegal, right? My job isn't to investigate to see whether or not their key is legit or not, I'm just reloading their system.

So...whaddya say?

Thanks!
Mikey Mike

**sr71000** · June 20th, 2005, 04:51 PM

i believe it's illegal..but i'm not sure.

**sr71000** · June 20th, 2005, 05:04 PM

steve...you got it backwards...oem keys are interchangable...retail keys require individual disks...oem keys work with any oem disk

.

**Martoch** · June 20th, 2005, 05:09 PM

They could have purchased the computer at a garage sale for all I know...I don't ask 20 questions, I just do the computer work.

So...because I'm still a tad bit confused here...how would I know the difference and which one is legal again?

**phenious** · June 20th, 2005, 05:10 PM

If they have the cert attached to their case they should be OK. It shows it was paid for, granted you should be giving them an OEM copy. Giving them a copy of the disk is probably the no-no

**Martoch** · June 20th, 2005, 05:15 PM

Okay, so giving them copies might be illegal, but I CAN reinstall using their current keys, right?

**njolakoski** · June 20th, 2005, 05:16 PM

Originally Posted by Martoch

Okay, so giving them copies might be illegal, but I CAN reinstall using their current keys, right?

Yes

**sr71000** · June 20th, 2005, 05:18 PM

if they have the sticker, yes. If you are pulling the key (something like magic jellybean)...i'm not so sure. I think you could get away with it but i don't. I either need the sticker or 90 bucks to purchase them a new copy. If they bought a computer under the stipulation that it came with xp and did not come with either a sticker, then i tell them to find an attorney and to contact microsoft that there is someone illegally selling xp in the area...and they may be given a copy of xp for it. lol. I'm not going to stick my neck out for someone else to chop off...ya kno what i mean?

**Martoch** · June 20th, 2005, 05:21 PM

Yep, thanks!
I've only had one customer that totally wanted his system wiped, but I want only want to do things the legal way of course...this is more for future use.

$90?
I've purchased from www.9software.com. You know of any other places?
http://www.9software.com/category_s/16.htm

So if a customer bought their XP Home computer from a garage sale with NO CD's or COA, I have to tell them they are S.O.L. if they want me to format/clean install?

**sr71000** · June 20th, 2005, 05:25 PM

i buy from newegg. It's a little more expensive but i love their support and if the customer can afford 85....5 bucks more is little cost to know that things are going to get done the right way, and quickly.

**RicheemxX** · June 20th, 2005, 05:29 PM

Originally Posted by Martoch

So if a customer bought their XP Home computer from a garage sale with NO CD's or COA, I have to tell them they are S.O.L. if they want me to format/clean install?

pretty much in order to legally own the software they must have the COA

and its completely illegal for you to burn them a copy of a cd at any time!! and i believe legally they had no rights to the software to begin with as I think it states in the EULA that you must transfer the COA as well as anything else having to do with the software upon selling your computer unless you format

**Martoch** · June 20th, 2005, 05:39 PM

Originally Posted by RicheemxX

and i believe legally they had no rights to the software to begin with as I think it states in the EULA that you must transfer the COA as well as anything else having to do with the software upon selling your computer unless you format

So...they are illegally using a used computer if it did not come with the COA? How many people that sell used PC's actually have the COA and original software? I understand it's in the EULA, but I can tell you that about half of the computers that I've worked on DO NOT have any COA on them. Granted, I didn't have to format/reinstall, but still. Heck, I don't even have the COA on my own computer.

Okay, how about this...a customer asks for a system format/reinstall and they hand me cd-r discs with marker written XP Pro and a cd key and tell me they have the original at home. I need to request the original?

**RicheemxX** · June 20th, 2005, 05:52 PM

AFAIK !!!

From a legal stand point anytime you sell a computer with software installed you must also provide all COA's and CD's that go with any licensed software no matter what. When you purchase a win xp license or even say an adobe photoshop license it must stay with you and your cd not with your computer. If you transfer ownership of that computer then you have the option of removing the software or leaving it and selling the license.

As a business yes if you install software on a customers computer it must come with the original coa's and they must provide proof to you if you ask. You could be held liable for illegally installing the software....not that its likely to happen but hey why chance it.

**Martoch** · June 20th, 2005, 06:10 PM

Agreed. I don't want to take any unnecessary risks...I just picked up a broken Win ME computer and the first thing I checked for was the COA sticker.

It's there.
So I can now safely (legally) format/reinstall this thing with MY Win ME disc?

**Front242** · June 20th, 2005, 06:15 PM

Of course you could read the EULA... if you have a couple of weeks and some good lawers on retainer to interpret for you.

**sr71000** · June 20th, 2005, 06:46 PM

Originally Posted by Martoch

Agreed. I don't want to take any unnecessary risks...I just picked up a broken Win ME computer and the first thing I checked for was the COA sticker.

It's there.
So I can now safely (legally) format/reinstall this thing with MY Win ME disc?

yup

look at me...i'm starting a trend of paranoid tech....you see us all standing there wicked antsy until the computers turned and we see the coa....then all you can hear is our collective sigh of releif. lmao. You'd be surprised at just how many people out there don't have a coa....very very suprised

./edit win98 does not have a coa sticker...it'll be printed on the front of the booklet. If they do not have their software either they were not responsible enough to keep it and that's not your fault...or someone else screwed them, which is still not your fault. The best thing you can legally do for them is find the cheepest price to get a new os for them and now...they've learned something....make sure you get the coa with the computer.....it may suck this time but they learned something and won't get screwed again. you know what i mean? You also establish yourself as a fair computer tech who follows the rules....oddly...you usually gain their trust by delivering this "bad news" rather than hurting it.....lol.

as for that 9software.com stuff...how have they been for you. good quality..good shipping and everything? I need some windows disks but I don't know where to buy from

.

**EXreaction** · June 20th, 2005, 07:46 PM

Newegg
http://www.newegg.com/Product/Produc...82E16837102151

**Martoch** · June 20th, 2005, 08:45 PM

I ordered over 30 OS discs from 9software about 2 years ago (for the military) and they were great...one of the cd keys was smeared on the envelope, so I called and they were happy to issue a new cd key after customer verification. I have no compaints about them.