Re: Win XP Pro OEM version

Tech-Archive recommends: Repair Windows Errors & Optimize Windows Performance

From: Patrick J. LoPresti (patl_at_users.sourceforge.net)
Date: 08/24/04 

To: "Michael Steiner" <species007@gmx.net>
Date: 24 Aug 2004 10:57:03 -0400

Michael Steiner <species007@gmx.net> writes:

> On Tue, 24 Aug 2004 08:06:48 -0500, Carey Frisch [MVP] wrote:
>
> What exactly defines "the computer it was installed on"?

That's easy. It is defined by your intentions and, more specifically,
by a court's interpretation of the license.

Law is neither science nor mathematics, and it is always amusing when
engineers try to think about it.

Let's try an analogy by example. It is illegal to export weapons to
certain countries. But it is not illegal to export random little bits
of metal. So, asks our clever engineer, what if I make a gun which
can be broken into tiny little bits of metal? Then I can export each
little bit perfectly legally, and my client can reassemble the pieces
at the other end. Logically, how can I possibly be prosecuted?

Of course, if I try this and get caught, I can explain my "logic" in
court. Then the jury will find me guilty, because obviously my
intention was not to export random bits of metal; it was to export a
gun. And then I can stew in your cell, ranting about how I am the
victim of a logical fallacy.

> I mean, the computer that was delivered to the customer was equipped
> with Windows XP OEM, so far so good. But, think about the
> possibility the customer wants to insert a new graphics board, more
> RAM, a faster CPU, maybe switch the mainboard against a better
> performing one ... finally even another case for better cooling
> performance ... up to which extent is the OEM license still covering
> the "original computer"?

See, here in the real world, you always (99.9% of the time) know full
well when you are simply upgrading a component and when you are
upgrading the whole system. When you are upgrading a component, you
do not need to buy a new copy of OEM Windows. When you are upgrading
the whole system, you do. Rationalizing one as an extension of the
other to perform and end-run around the license agreement is illegal
and unethical.

Intentions make all the difference.

 - Pat

Relevant Pages

  • Re: Windows XP OEM
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    (microsoft.public.windowsxp.general)
  • Re: Kernel header files in applications and GPL issues
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