Re: No reinstall disk/files for refurb pc

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"tmd0309" wrote
"Bruce Chambers" wrote:

tmd0309 wrote:
> "Bruce Chambers" wrote:
>
>> tmd0309 wrote:
>>> Hi, all:
>>>
>>> (I asked a version of this question on another forum yesterday, so >>> pls
>>> forgive the doublepost if you read it, but it seems it wasn't >>> reaching
>>> experts, so I'm trying again here, more concisely)
>>>
>>> I just bought a refurbished laptop from a little, local shop. The >>> guy at
>>> the shop put a fresh installation of windows XP Pro, SP2 on it.
>>>
>>> I believe that I have a legal copy of the OS
>>
>> Based on what you've said below, I'd have to conclude that you most
>> definitely do not have a legitimate license.
>
> Even though the MS.com "is my software legal" process told me it is?
>


Even so. It may test as legitimate, but if you cannot repair or
re-install it, you still haven't received a fully legitimate license
from the vendor.


>> To determine what kind of license was used to install WinXP on the
>> laptop, simply look at the Product ID (on the My Computer > Properties >> >
>> General Tab). If it contains the letters "OEM," he used an OEM CD to
>> perform the installation.
>
> My Computer > Properties > General shows:
>
> Microsoft Windows XP
> Professional
> Version 2002
> Service Pack 2
>
> So... what does this mean?
>


It means that you have WinXP Pro SP2, which you'd already told us.
What does the Product ID read? The Product *ID* is created during the
installation process and is prominently displayed on the General
Properties tab of the My Computer icon. It is a 20-character number in
the format of 99999-999-99999999-99999. If you have an installation
created by using an OEM CD, the Product ID will be alphanumeric, in the
format of 99999-OEM-9999999-99999.


Oh, ah, sorry, I misunderstoof! -- Got it now: it's not OEM; it's 640. So
he's not selling OEM licenses, right? So he's not obligated to give me media?


>
> I expect you don't mean to suggest that it didn't?


On the contrary....


> I mean, I have an OS,
> and he claims it's legit, so yes, it was included in the price, right?
>


What does your receipt or invoice say? Does the receipt/invoice
specifically state that an operating system, and/or any other software,
is included in the purchase? If not, you don't have a leg to stand on,
legally.


Heh. The receipt says "1 - kit 1781"
So that's that?

Maybe *I'm* the pirate, for running software to which I have no license - if
he didn't sell it to me, I don't own it, right? ;^(

It goes back to what your agreement was with the seller. For there to be a legitimate transfer of license, there needs to be included an installation CD or some other means to restore the system such as a recovery or a partition, hidden or otherwise, on the hard drive with an image of the drive as received.

Whether he is in breach of your agreement depends on the terms of that, and what he agreed to do. If you didn't ask or specify, or he didn't make any promises about what the sale would include, then I would say you are out of luck - caveat emptor.

Assert your rights as a buyer through complaint, camping out in his store until he fixes it, accost every customer that comes in to tell them he is a scam artist, picket outside the store, go to your local version of the Better Business Bureau, report a fraudulent sale to the local police, and/or take him to small claims court. You are the only one who can take control here, looking for some documentation online or in a newsgroup won't do it.

If you won't assert your rights then either buy another copy of XP or just find someone who has the same version, is it generic OEM, and Home or Pro, then make a copy of their CD, and be done with it.

--
Rock [MS-MVP User/Shell]

.



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