Compaq sued over restore partition!

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vk2amv

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Oct 23, 2002
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Ahh no.
I remember reading somewhere in the windows EULA thatyou can only use a OEM copy of windows with the machine you bought it. I would think it is different for the retail version but the OEM version legaly you cant use it on another machine. Insanely stupid but true.
AREA_51

'It's only when you look at an ant through a magnifying glass on a sunny day that you realise how often they burst into flames'
 

Crashman

Polypheme
Former Staff
Actually you can make it legal by putting the old hard drive in the new machine. You see, what sonstitutes a "new machine" is not clearly defined. You could replace every part in your HP and it would still be considered the original machine. But if you DROP your completely original HP and wreck the case, you can put it into a new case and it's still the "original machine". And of course, if you put your old pre-loaded Dell hard drive in a new machine, you are not required to format the drive, you can use it as is, and fix the configuration in Device Manager! So now, say the following happens:

1.) Your Dell fries a hard drive. You put in a new one. It's now a "Dell" hard drive for the purposes of licensing.
2.) Later, you fry your board. You now need a new board. but you can't afford a Dell board, so you buy an ATX board, case, and power supply. You transfer the other hardware, so it's still the licenced machine.
3.) One by one, the other parts die and are replaced. Since one single part doesn't disqualify the machine, your licence is in tact. But soon, you find you have NOT ONE original Dell part in the machine!

OK, here's another (less extreme) example: You want to upgrade your HP. You buy a standard replacement board. Now, the HP restore disk no longer works! But because it's the same machine except for the board, you still have the license. What to do? Borrow a copy of an original Windows OEM CD, and use your original license! After all, the license is for that machine!

Look at Gateway towers: They are standard ATX. You can put any board you want in them. The license in most situations is a sticker ON the CASE! Put any hardware you want in there, the license is still valid, but the restore CD will no longer work once you replace the board! So you are forced to borrow a standard Windows OEM CD!

<font color=blue>Watts mean squat if you don't have quality!</font color=blue>
 

vk2amv

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I did not know that infomation. But you have managed to point out how truly insane some of the things in the EULA are.
AREA_51

'It's only when you look at an ant through a magnifying glass on a sunny day that you realise how often they burst into flames'
 

Crashman

Polypheme
Former Staff
The closest thing I can find to a licensed "part" is the case, simply because so many companies put a sticker on the case. But...you are entitled to replace a damaged case!

Look at the parts OEM License resellers are requiring you to buy, to "qualify" your purchase...a hard drive or a motherboard. At that rate, if you REALLY wanted to play it safe, you'd simply put the old hard drive from your OEM system into the new system as extra storage.

<font color=blue>Watts mean squat if you don't have quality!</font color=blue>
 

knowan

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Actually licensing agreements aren't legal. How would you feel if you went to McDonalds, bought a Big Mac and after you had paid for it opened it up inside was a notice that this Big Mac is for display purposes only and isn't legal to eat? Then when you try to return it you were told that since it was opened it cannot be returned?

If the license is printed on the outside of the box then it is legal. If there is no way to view the license until after you have paid for the software then it is not legal. It's only legal if you agree to the license BEFORE you pay for the software.

Don't get all excited though as the software is still protected by copyright laws. You can hack, mod and do whatever you want to the software and it all falls under fair use, but you cannot copy, sell copies, or sell your mods. And if you ever do break the license and get caught you'll still need some pretty good lawyers, cause trust me, no software company is about to let all it's licenses be termed illegal in a court of law. They'll try like the devil to let the judge rule that there is an implied license that everyone is aware of before they make the purchase.

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