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Is This Legal

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Name: puppet1984
Date: January 4, 2005 at 17:40:20 Pacific
OS: win xp
CPU/Ram: 2500+/512
Comment:

now a post below saying all he had was a system restore disk and no xp disk got me thinking.

i'm not advocating doing anything illegal and if this post is somewhat deemed that way please delete it.

i'm just bringing up what i think is interesting.

ok could you run everest home edition on a pc with only a recovery cd and obtain the windows product key for that machine.

then download an image or make a copy of a xp disk and use that key to install xp from disk. also to run sfc or anything like that.

because as i understand the law you pay for your license key not the disk.

will this be a corporate key and blocked from using a xp disk in some way or only valid to a restore disk.

just intrigued me

Athlon xp 2000+ @1.7
pc 2100 256mb ram
radeon 8500
win xp home oem
several other things
new pc on way



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Response Number 1
Name: per
Date: January 4, 2005 at 18:02:35 Pacific
Reply:

Hi Simon. Yes you can burn a copy of XP pro or home and use it for a system repair or a new install as long as the cd key you use is valid. The cd has no key attached to it. The cd MUST match the o/s being installed/repaired. The problem is with the Dell, etc. proprietary systems.


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Response Number 2
Name: XpUser
Date: January 4, 2005 at 18:05:03 Pacific
Reply:

To clarify what per meant by proprietary, the XP OS preinstalled on the PC is not the same as the native XP CD. That's why you cannot use those CDs.

i_XpUser


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Response Number 3
Name: per
Date: January 4, 2005 at 18:11:33 Pacific
Reply:

Interesting point XpUser. Will a generic xp disk work with a restore system or must it be a copy of the restore disk? HUMM! I don't know.


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Response Number 4
Name: puppet1984
Date: January 4, 2005 at 18:12:10 Pacific
Reply:

but what law is stopping me using those cds as i can obtain my license key. i have a self built system. so if you used everest to get your cd key on a proprietary system could you usually then use a xp disk is my question

Athlon xp 2000+ @1.7
pc 2100 256mb ram
radeon 8500
win xp home oem
several other things
new pc on way


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Response Number 5
Name: Terri Kaduck
Date: January 4, 2005 at 18:13:56 Pacific
Reply:

The name brand computers usually don't have a copy of the actual operating system with them when they are purchased new.
Dell, Compaq, Gateway, HP all come with one or even two recovery disks. They may have other software disks that came with the original setup, but don't always have a copy of the operating system disk. You will get the book with the certified Product Key on it to reinstall your recovery disk, but rarely will you see an actual operating system disk.

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Response Number 6
Name: XpUser
Date: January 4, 2005 at 18:18:10 Pacific
Reply:

I agree with Terri. The Recovery CD is nothing more than a key to whats locked in the hidden partition on the HD or vice versa as in case of Dell Recovery CD. Sony uses a 5GB hidden partition and Dell a very small partition.

i_XpUser


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Response Number 7
Name: per
Date: January 4, 2005 at 18:21:34 Pacific
Reply:

That was my point that Terri brought up. The proprietary computers have bought the O/S from MS for only their use. Is it really an XP O/S or only the parts that they wanted on their machines? I have worked on 1 Dell that had an actual XP generic disk with it but I am ignorant of other systems.


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Response Number 8
Name: XpUser
Date: January 4, 2005 at 18:28:47 Pacific
Reply:

The strangest thing is Sony. I asked for, paid and received a recovery CD. They sent me 8 discs. One is the Recovery CD and the rest Partition Rebuild, whereas native Windows XP consists of only 1 disc. The Partition Rebuild is necessary if the hidden partition on the HD gets corrupted or if I replace the HD.

i_XpUser


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Response Number 9
Name: per
Date: January 4, 2005 at 18:40:57 Pacific
Reply:

XpUser. As you well know the generic XP disk is one disk. There are no hidden partitions or recovery disks for it. What is the question? :))


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Response Number 10
Name: XpUser
Date: January 4, 2005 at 18:47:51 Pacific
Reply:

Generic XP is the one that every machine ought to have. Unfortunately it is not. Only the generic XP will save you from misery, help you do SFC, reinstall. and so on. Recovery CD does nothing except reinstall the whole thing. Or am i out of line as I think?

i_XpUser


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Response Number 11
Name: per
Date: January 4, 2005 at 18:56:34 Pacific
Reply:

Correcto mundo!! And if you have SP2 you should have an sp2 slipstream CD so sfc will recocgnize the i386 folder. Otherwise it will tell you it doesn't recocgnize the CD.


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Response Number 12
Name: XpUser
Date: January 4, 2005 at 19:00:45 Pacific
Reply:

As a matter of fact, I tried slipstreaming Sony recovery CD. It didn't work out so I know what will happen and what I have to do in the event of a catrastropic (?) failure.

i_XpUser


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Response Number 13
Name: per
Date: January 4, 2005 at 19:13:09 Pacific
Reply:

Yep! a full format, reinstall and get rid of the recovery partition and join the rest of us that don't have that to deal with along with being able to ghost to another hd and have a full bootable hd in the backup. :))


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Response Number 14
Name: XpUser
Date: January 4, 2005 at 19:25:38 Pacific
Reply:

I probably will do that one day. So far this PC is humnming just fine (knock on wood)

i_XpUser


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Response Number 15
Name: OtheHill
Date: January 4, 2005 at 19:34:13 Pacific
Reply:

The issue here is this. There are three kinds of windows licenses. The retail version, which entitiles you to tech support directly from MSoft. The OEM version, which was intended originally to shift the tech support to the reseller, that was selling you a computer. Both of these first two types are transferrable to a different machine. The caveat is, only one computer at a time. The third kind of license is the type that Dell, Gateway, etc. use. This license only allows you the use of the windows OS on that specific hardware configuration. The vendors bend over backward to make sure that is what happens. This is why they can sell you hardware without much upcharge for the OS. Ask one of them to provide a regular OEM copy of windows with your purchase and I guarantee the price will change.


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Response Number 16
Name: XpUser
Date: January 4, 2005 at 19:38:13 Pacific
Reply:

The price will change upward by $200 for having Home or $300 for Pro.


i_XpUser


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Response Number 17
Name: XpUser
Date: January 4, 2005 at 19:42:21 Pacific
Reply:

Let's wind up this thread...

now a post below saying all he had was a system restore disk and no xp disk...

The answer lies somewhere in the Microsoft Partnership with the big name PC makers!

i_XpUser


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Response Number 18
Name: per
Date: January 4, 2005 at 19:49:47 Pacific
Reply:

That is one of the problems we have been dealing with on this forum. They don't say they have a Dell, HP, etc. If I see Dell, HP, etc. I do not respond because they don't have the tools to fix the problem.


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Response Number 19
Name: terii
Date: January 4, 2005 at 21:51:41 Pacific
Reply:

Just to add more fuel to the fire, if you have a Dell, use everest to obtain the CD key used for installation and then compare it to the Key printed on the sticker on the case they will be different. All major vendors use one disk with the CD key written into it and Microsoft allows them to activate it. If you have to format and reload one of these systems then you will have to use the key on the case to activate. My two cents worth as I have seen it many times.


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Response Number 20
Name: per
Date: January 4, 2005 at 21:57:09 Pacific
Reply:

Good info terii. I usually don't deal with Dell users but will keep that in mind. Thx.


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Response Number 21
Name: trdj
Date: January 4, 2005 at 22:12:03 Pacific
Reply:

In my experience with the Restore CDs, there is a valid XP key regardless of the install source... using a progam like Magic Jelly bean should reveal this Key... if the key works with a regular Full XP Pro / OEM install disk then I would say that you have a legitamate right to make a copy of an XP CD and re-format and install using the Burned OEM CD and Key that you have... It's the Key that you are paying for, not the CD... all the CDs (within the appropriate release, SP, etc.) are the same and will activate using MANY different keys (excepting what has been blocked by MS Windows Updates sites as being known hacked keys).

In opinion the ONLY benifit of the restore CDs over the OEM (and overrall I would prefer the OEM XP) is that it already has some programs like Works, Word, etc. that will install in addition to the OS as well as it will have the necessary drivers for their hardware. I may be wrong here, but in my experience, aside from these mentioned differences and the way the restore CD may partition the HD there is no other noticeable difference in the OS.

This is just my two cents though... I say if you have a valid key, install from a burned XP CD and let XP auto-detect and install your hardware drivers, or find them yourself. I am not a lawyer or a MS employee so I am not sure if this is legal or not, but it should be if you have a valid key.

- Michael


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Response Number 22
Name: wildcat
Date: January 5, 2005 at 07:39:03 Pacific
Reply:

I think the law states you are only aload to make copies of software for back up porposes only. So im not sure you can copy your XP and put it onto a differnet computer even though you are buying the key and not so much the software but then again i only have a real basic understabnding of copyright laws.

A software tech told me this, but this was a while back and so could of changed.

James


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Response Number 23
Name: trdj
Date: January 5, 2005 at 08:30:29 Pacific
Reply:

you are right about the copyright law and "backup purposes only" deal, but I am not really referring to making a backup copy here for another computer... I am wondering about the right to having ANY copy period (as most only get a restore CD or nothing at all) as long as you have legally received a valid XP Key. As Terri mentioned above, even with some manufacturers who have restore CD's they still place a legitamate XP Sticker w/ Key on the side of the computer.

My quesiton is that does this key enable a user the right to create their own copy of the XP CD in order to use along with the key (in lue of the restore or no cd at all). It seems to be that the key is all that MS is worried about and if it's legitimate then what would be the problem.

Again, not a lawyer, and yes there is a copyright law that I am priviledged enough to know about the finer points... but I do know that the law refers to royalties and such of "purchased" software, music, DVDs, etc. and in the case of XP, I am not so sure that it is the software that is being sold as much as it is the KEY. Heck if you have a legitimate Key you can call up and get MS to send you a free CD (you only pay shipping) if yours is damaged. Worked for me.

- Michael


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Response Number 24
Name: trdj
Date: January 5, 2005 at 08:36:28 Pacific
Reply:

hehehe... I have studied the copyright law a bit as I am a musician myself and was conflicted about copying music illegally (robbing artists of the royalties, etc. blah blah) and no I don't use Kazaa and every MP3 I have on my player is from a legitimate copy of the master CD I have sitting at home, but in spite of this, this line in my earlier post should have said:

"and yes there is a copyright law that I am *NOT* priviledged enough to know about the finer points..."

I wouldn't begin to be so arrogant as to think that I know all the ins and outs of such a complex law, even after having studied it for a bit.

- Michael


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