Re: Legality of software "handmedowns"

From: Bruce Chambers (bruce_a_chambers_at_h0tmail.com)
Date: 07/28/04


Date: Wed, 28 Jul 2004 07:01:04 -0600

Greetings --

"Dave" <dave@yahoo.com> wrote in message
news:8MFNc.22590$Wv4.2211@okepread03...
> I have a few questions about passing old Microsoft software -
operating
> systems, mostly - to friends/family:
>
> 1) My roommate will soon have her own computer. Can I legally
install my
> Windows XP disc on her machine as well as mine? Is it a "one copy
per
> household" policy, or does she have to shell out a ridiculous $200
too?
>

    Just as it says, right on the box, you'll need to purchase a
separate WinXP license for each computer on which you install it.

    As it has *always* been with *all* Microsoft operating systems,
it's necessary (to be in compliance with both the EULA and U.S.
copyright law http://www4.law.cornell.edu/uscode/17/117.html), if not
technically) to purchase one WinXP license for each computer on which
it is installed. (Consult an attorney versed in copyright law to
determine final applicability in your locale.) The only way in which
WinXP licensing differs from that of earlier versions of Windows is
that Microsoft has finally added a copy protection and anti-theft
mechanism, Product Activation, to prevent (or at least make more
difficult) multiple installations using a single license.

    You can buy additional licenses, assuming you have a retail
license. Naturally, Microsoft cannot sell additional OEM licenses. Be
aware, however, that you'll probably pay more this way than you would
if you were to buy a second copy of WinXP from a discount retailer;
Microsoft will only offer you a 15% discount off their MSRP.

Additional Licenses for Windows XP Home Edition
http://www.microsoft.com/windowsxp/home/howtobuy/addlic.asp

Additional Licenses for Windows XP Professional
http://www.microsoft.com/windowsxp/pro/howtobuy/addlic.asp

    But there's nothing requiring your roommate to have the same OS on
her computer as you have on yours, so it becomes entirely a matter of
choice. If she doesn't want to "shell out a ridiculous $200," she
doesn't have to. She's free to use whatever other OS she wants, or
can afford. Linux, for example, is free.

> 2) I'm thinking of buying Office 2003, and passing 2000 off to a
friend.
> When I am no longer using a Microsoft software product, and I wish
to hand
> it off to someone else, what must I/he/she do to "keep the product
in legal"
> use?
>

    Assuming the Office 2K license is a retail license, simply be sure
to include the installation CD, Product Key, Certificate of
Authenticity, and all other documentation in the "hand-off." Of
course, if the Office 2K license is an OEM license, you'll also have
to include to computer with which it was originally purchased. An OEM
license, once installed, is not legally transferable to another
computer under any circumstances. The only legitimate way to transfer
the ownership of an OEM license is to transfer ownership of the entire
PC on which it is installed.

Bruce Chambers

-- 
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