Re: License Practices Question about replacing OEM Install
- From: "Paul G. Tobey [eMVP]" <ptobey no spam AT no instrument no spam DOT com>
- Date: Tue, 31 Jan 2006 16:05:56 -0700
No, what doesn't work is that you are not licensed to redistribute the OS
and you are, in fact, doing that. You don't have an OEM license agreement
in place with MS, right? I'd say that you're in the wrong if you just
change the contents of the OS and reship the hardware. Again, there's an
easy and quick fix for this: buy the plain board from the reseller with no
CE license and properly license it.
Anyway, my opinion is that you are *not* an authorized distributor of the
license and whether the piece of hardware is licensed or not isn't the
point.
Paul T.
"Hans Zassenhaus" <HansZassenhaus@xxxxxxxxxxxxxxxxxxxxxxxxx> wrote in
message news:ED9D7C06-D7EC-4F41-89FD-63A73DA35482@xxxxxxxxxxxxxxxx
> IANAL, YANAL :-)
>
> Our reseller will put 'Win CE Core' and we are creating a 'Win CE Core'
> platform. So it is indeed a one-for-one swap. It seems the spirit is
> met
> and it would certainly be unfair to make someone by two copies of Windows.
> But I do need to figure out where to get a specific answer. Is it known
> that
> if one creates a platform that one becomes a third party installer?
>
> You see, if we can rely on the reseller's license, then we do not have to
> worry about managing the licenses ourselves which while not arduous is a
> process that we could eliminate. Having the Reseller not install Win CE
> would mean then that we have to boot load the boards ourselves which would
> be
> awful.
>
> I think the trouble will be related to our reselling what we buy from the
> reseller.
>
> I've got two phone calls in and an email. If I hear anything I'll follow
> up
> here.
>
> Thanks for a prompt reply.
>
> "Paul G. Tobey [eMVP]" wrote:
>
>> My read on it is that you'd need a new license of the appropriate type to
>> match what's in the OS. If that's a problem, you should be able to get
>> your
>> reseller to remove CE from the device. Naturally, you'll have to consult
>> a
>> lawyer for a real legal opinion...
>>
>> Paul T.
>>
>> "Hans Zassenhaus" <Hans Zassenhaus@xxxxxxxxxxxxxxxxxxxxxxxxx> wrote in
>> message news:A01BC27E-D112-44C6-A0E2-3EE67DBB99DC@xxxxxxxxxxxxxxxx
>> > Got a quick question:
>> >
>> > We are purchasing single board computers from a Microsoft Reseller who
>> > is
>> > shipping the SBCs with Windows CE 4.2 Core pre-installed. The COA
>> > (cert
>> > of
>> > authenticity) is included with the SBC. In fact, there is a cute
>> > little
>> > COA
>> > sticker on the CF Card Slot.
>> >
>> > We are going to modify Windows CE 4.2 Core (turn on/off services, add
>> > our
>> > binary) platform with platform builder using our SBC Reseller's board
>> > support
>> > package. Can we re-install this customized platform back onto the SBC
>> > that
>> > we
>> > purchased? If we do that, does the SBC Reseller's original license and
>> > COA
>> > still apply? Or do we have to purchase a new Win CE Core license and
>> > throw
>> > out the old one?
>> >
>> > The SBCs that we purchase from our MS Reseller are being embedded in a
>> > utility appliance of ours. Do we then have to do anything special
>> > regarding
>> > the license for our customers?
>> >
>> > The reason why I'm asking this here is that I have received
>> > insufficient
>> > answers elsewhere, and hope to get some help from someone who has
>> > practical
>> > experience with this type of licensing issue.
>> >
>> > Thanks a bunch!
>> >
>>
>>
>>
.
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