Re: Laptop stolen; want to install XP on new laptop

From: Shenan Stanley (news_helper_at_hushmail.com)
Date: 11/29/04 

Date: Mon, 29 Nov 2004 09:41:08 -0600

Shenan wrote:
> This is only true *if* the copy of Windows XP installed on the
> laptop was an OEM, Truthfully, this sounds likely in most cases,
> but given that somehow this person bought a new (refurbished) laptop
> (NOW) and it came with Windows 98 installed on it, it is entirely
> likely their old laptop also came with an older version of the OS
> and they had indeed, purchased an upgrade version of Windows XP.
>
> *If* they had bought a retail or upgrade version of Windows XP to
> take the old laptop from Windows whatever to Windows XP, then as
> long as they still hold the license agreement for that copy - it is
> theirs to do with as they please.
>
> Not to mention that from a totally non-legal standpoint - if it has
> been more than 120 days since they activated the copy of Windows XP
> on the Internet anyway - they won't have any trouble in 99% of the
> cases.
>
> Can it be installed and the user have no trouble updating in the
> future - yes, if we were given all the information.
>
> No where did the OP explain whether or not the copy of Windows XP in
> question that was installed on the original laptop was an OEM copy
> (that came with the original laptop or they purchased and used to
> clean install Windows XP onto the original laptop) or if it was an
> UPGRADE copy or full RETAIL copy. If it was the latter, then even
> in the most obscure legal terms, they have a full right to now
> install it on another machine as for all intents and purposes
> (legally - for them) - the previous installation was undone when the
> laptop was stolen/destroyed (in legal terms.) With the OEM copy -
> it is not as clear as all that - but from a totally technical
> standpoint, unless the copy of Windows XP was suited only to the
> original laptop in some way (unlikely - but possible) - it will be
> easily installed and activated - given the 120 day activation
> timeframe has passed - and they will notice no ill effects EVER with
> updates/patches..

Carey Frisch [MVP] wrote:
> Following your logic, if the OP has the serial number of the stolen
> laptop, all they need to do is contact the manufacturer of the
> laptop, provide them with the stolen laptop's serial number, and the
> manufacturer will gladly send them a new laptop.

No.

Following my logic and the EULA, the OP purchased (if they purchased a
retail/upgrade version of Windows XP) "the right to install and use" - not
an actual product as in the case of the laptop, where they purchased an
actual physical object.

The difference is in what they purchased.

Laptop - the physical object - portable computer (obviously too portable.
*grin*).
Windows XP (Retail or Upgrade) - the right to install and use on one
computer (license).

It's harder to steal a "right to install and use" (license) than the laptop
itself. If they still have the receipt/proof of purchase/COA - then that
license for Windows XP (retail/upgrade version) is still theirs - no matter
where they decide to put it. 

-- 
<- Shenan ->
-- 
The information is provided "as is", it is suggested you research for
yourself before you take any advice - you are the one ultimately
responsible for your actions/problems/solutions.   Know what you are
getting into before you jump in with both feet.

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