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OT: New MS ruling on Windows licensing.. and it sucks. [message #65028]

Tue, 28 February 2006 09:45

Aaron Allen

Messages: 1988
Registered: May 2008

Senior Member

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http://www.flexbeta.net/main/comments.php?id=3D18469&cat id=3D5

http://download.microsoft.com/download/4/e/3/4e3eace0-4c6d-4 123-9d0c-c804=
36181742/OSLicQA.doc

Of particular interest is topic 11. =20

Education Operating System Licensing Q&A

=20

Please Note: This Q&A is provided solely for informational purposes. =
Your use of Microsoft Software Products is governed by the terms and =
conditions of your licensing agreement.

=20

For more information on licensing please visit =
http://www.microsoft.com/licensing or =
http://www.microsoft.com/education/HowToBuy.mspx=20

=20

Frequently Asked Questions

=20

1.. What is a software license?
ANSWER. A software license gives a person (or an institution) the right =
to use a software product in a particular way. The terms of the =
license agreement describe the permitted uses of the software. =
Copyright law also limits how a person may use the software. A person =
needs a license for each software program he or she installs on a =
computer.=20

=20

2.. How does copyright law apply to software licensing?
ANSWER. According to the U.S. Copyright Act, it is illegal to make or =
distribute copyrighted material (which includes computer programs) =
without specific authorization from the copyright owner. The =
unauthorized duplication of software constitutes copyright infringement, =
regardless of whether it is done for sale, for free distribution, or for =
the copier's own use.

=20

3.. What is an OEM license?
ANSWER. An "OEM" license is a license distributed by an Original =
Equipment Manufacturer, or an "OEM." An OEM is a person or company who =
builds and sells computers. Some OEMs also distribute software, =
especially operating systems such as Microsoft=AE Windows.

=20

4.. When a school or institution enters into a Microsoft Volume =
Licensing agreement (Campus Agreement, School Agreement, Academic Open, =
Academic Select), does that mean it is licensed for a full Microsoft=AE =
operating system (OS), such as Windows?
ANSWER: No. Microsoft Volume Licensing only licenses a school or =
institution for an upgrade for Windows, and sometimes for a downgrade to =
an earlier version of Windows. There are only three ways for an =
education institution to obtain a full operating system:

=A7 Acquire the Full-Packaged Product from a retail store.

=A7 Acquire a new PC with an OEM version of the operating system =
preinstalled.

=A7 Acquire an OEM license with additional hardware from your =
system builder.

=20

5.. What underlying full operating system license qualifies for =
Windows operating system upgrade licenses offered through Microsoft =
Academic Volume Licensing programs?
ANSWER. For upgrade eligibility for licenses acquired through Academic =
Open or Academic Select, refer to the current Microsoft Product List =
available at =
http://www.microsoft.com/licensing/resources/default.asp#pro dlist.

=20

In order to qualify for the Windows OS Upgrades offered through Campus =
Agreement or School Agreement, you or your users must have a valid =
license for a Microsoft Windows operating system on each PC on which the =
software is run.

=20

6.. What is the difference between OEM product and Full-Packaged =
Product (FPP)?
ANSWER. OEM products are intended to be preinstalled on hardware before =
the end user purchases the product. They are "shrink wrapped" and do =
not come in a box like the retail products do. Full-Packaged Product =
(FPP) is boxed with CD(s), manuals, and the EULA and is sold in retail =
stores in individual boxes. The End User License Agreements (commonly =
referred to as "EULAs") for OEM and FPP products are slightly different. =
One main difference is that an OEM operating system license (such as =
the license for Windows) cannot be transferred from its original PC to =
another PC. However, the FPP version of Windows may be transferred to =
another PC as long as the EULA, manual and media (such as the backup CD) =
accompany the transfer to the other PC. Also, when a customer purchases =
an OEM product, the OEM license requires the OEM to provide support for =
the product. =20

=20

7.. How do I know whether I have a genuine OEM license for my =
operating system? =20
ANSWER. Microsoft has a website that helps customers determine if they =
have acquired genuine Microsoft products at =
http://www.microsoft.com/howtotell. After reviewing the site, if you =
believe that your Microsoft product may be suspect or counterfeit, you =
should report this suspected piracy in the tool provided on the website. =
Alternatively, you may call 1-800-RULEGIT or e-mail =
piracy@microsoft.com to report any suspected counterfeit or pirated =
software.

=20

8.. What do I do if I realize that I do not have a full license for =
Windows, or if I received a donated PC that did not come with an =
operating system license?
ANSWER. If you do not have a genuine operating system license, you can =
acquire a Full-Packaged Product (FPP) version of the product from your =
local retail store. Or you may purchase an OEM version of an operating =
system from a Microsoft System Builder, subject to the requirement that =
you purchase hardware with that OEM version of the product. At that =
time, you should receive a genuine EULA, Certificate of Authenticity =
(COA), and manual. Visit the Microsoft How to Tell website to determine =
whether you have genuine software and licensing; =
http://www.microsoft.com/piracy/howtotell.=20

=20

9.. Can I transfer my operating system license from an old PC to a new =
one?
ANSWER. Not unless it was purchased as a Full-Packaged Product from a =
retail store (i.e., Windows in a box). Current OEM licenses for all =
Microsoft operating system products are not transferable from one =
machine to another. The End User License Agreement (EULA) governs the =
terms for transfer of licenses. Some EULAs for copies of certain older =
OEM operating system products (i.e., MS-DOS=AE, Windows=AE 3.1, and =
Windows for Workgroups 3.1) distributed in 1995 or earlier may permit =
transfer of the OEM operating system software license under limited =
circumstances. (See Software Product Transfer section of your End User =
License Agreement.) =20

=20

10.. If I "retire" a PC with an OEM license on it, can I use that =
software on a new PC?
ANSWER. No. To put it simply, OEM product is "married" to the original =
PC on which it was installed. Current OEM licenses are not transferable =
from one machine to another. The software cannot be moved from PC to PC, =
even if the original PC it was installed on is no longer in use. This is =
true for all OEM software - operating systems and applications.

=20

11.. Rather than purchase completely new PCs, my organization performs =
in-place upgrades to the hardware on many of our computers. We often =
times only replace the motherboard, processor, and memory. Since the COA =
is still on the case and the OS is still installed on the hard drive, =
this computer is still licensed, right?
ANSWER. Generally, you may upgrade or replace all of the hardware =
components on your computer and maintain the license for the original =
Microsoft OEM operating system software, with the exception of an =
upgrade or replacement of the motherboard. An upgrade of the motherboard =
is considered to result in a "new personal computer." Microsoft OEM =
operating system software cannot be transferred from one computer to =
another. Therefore, if the motherboard is upgraded or replaced for =
reasons other than a defect then a new computer has been created, the =
original license expires, and a new full operating system license (not =
upgrade) is required. This is true even if the computer is covered under =
Software Assurance or other Volume License programs.

=20

12.. If I upgrade some of my PC components, do I have to purchase a =
new operating system?
ANSWER. The answer depends on the components that are upgraded or =
changed in the PC. The operating system licenses must remain with the =
device that retains the motherboard, chipsets, and chassis that include =
the serial number of the device. The operating system may be installed =
on a new/replacement hard drive as long as the operating system is first =
removed from the old hard drive. =20

=20

Please refer to the section on "Modifications to hardware and how they =
affect the activation status of Windows XP" in the following link for a =
more detailed explanation regarding specific hardware changes. The same =
hardware component changes that can be made to a PC before requiring =
re-activation of Windows XP are the same changes that can be made before =
a PC is considered to be "new" - and when a new license for OEM software =
is required.=20

=20

http://microsoft.com/piracy/basics/activation/windowsproduct activationtec=
hnicalmarketbulletin.doc

=20

13.. Am I allowed to "downgrade" with my OEM operating system =
license?=20
ANSWER: OEM Operating system licenses (with the exception of Windows XP =
Professional) do not include downgrade rights. =20

=20

The Windows XP EULA grants you a "downgrade" right, that is the right to =
install and run a previous version of Microsoft Windows. However, under =
the terms of the EULA, the Windows XP EULA remains applicable. In order =
to downgrade, it is necessary for you to accept the terms of the Windows =
XP EULA by going through the initial start-up process and accepting the =
Windows XP license. Thereafter, you (or the OEM, on your behalf if =
authorized) may delete Windows XP from the computer and install a prior =
version of Microsoft Windows. You user may not install a prior version =
unless your have deleted Windows XP from the computer system. The EULA =
specifically provides that neither the OEM nor Microsoft will provide =
support for the downgraded version or supply the media from which you =
will copy the downgraded version. You (or the OEM on your behalf) may =
use the media from any genuine Microsoft software for which it is =
legally licensed to install the downgrade software, for example: Select, =
Open, Retail (FPP) or system builder (E2E) media. (Note that the =
installation of a prior version of Microsoft Windows using media =
supplied in connection with another legally licensed computer does not =
affect the license status of such other computer (i.e. You do not have =
to delete the earlier version from the other PCs) - Microsoft is simply =
authorizing you to use this media to accomplish the downgrade on the new =
computer system.) You retain the right to reinstall Windows XP at any =
time, provided you also delete the prior version.

=20

Windows XP Professional is the only MICROSOFT OEM software product which =
grants such a downgrade right.

=20

14.. Can I transfer my upgrade (VUP [Version Upgrade], CUP =
[Competitive Upgrade], PUP [Product Upgrade], UA [Upgrade Advantage], SA =
[Software Assurance]) operating system licenses from an old PC to a new =
one?=20
Example. A customer had an older machine that came pre-installed with =
MS-DOS and Windows 3.1 and the customer then acquired a Windows 98 =
upgrade license via the Academic Select Program. If the customer =
decided to donate the machine to a charity, could he or she remove =
Windows 98 from that machine and then transfer the Windows 98 upgrade =
license to a different machine within their organization? =20

ANSWER. No. Under Academic Select and Academic Open, operating system =
upgrade licenses are tied to the machines on which they are first =
installed. If a customer acquires an upgrade license via one of those =
programs and then installs that upgrade on a given machine, the upgrade =
license is then tied to that machine and may not be transferred to =
another machine, regardless of whether or not the upgraded software is =
removed from the original machine. Upgrades are simply product upgrades =
to the original license. They do not constitute new licenses in =
themselves.

=20

15.. Do the same OEM licensing terms apply to server products as they =
do to desktop operating system products?
ANSWER. End User License Agreements (EULAs) vary among products and you =
should check the EULA for each product before installing them. In =
general, OEM server and OEM desktop operating systems have similar =
EULAs, e.g., they are generally non-transferable and there are normally =
no downgrade rights.

=20

=A9 2001-2005 Microsoft Corporation. All rights reserved. Microsoft, =
MS-DOS, Windows, and Windows NT are either registered trademarks or =
trademarks of Microsoft Corporation in the United States and/or other =
countries. =20

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<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
<HTML><HEAD>
<META http-equiv=3DContent-Type content=3D"text/html; =
charset=3Diso-8859-1">
<META content=3D"MSHTML 6.00.5296.0" name=3DGENERATOR>
<STYLE></STYLE>
</HEAD>
<BODY>
<DIV><A=20
href=3D" http://www.flexbeta.net/main/comments.php?id=3D18469&catid=3D=
5"><FONT=20
face=3DArial=20
size=3D2> http://www.flexbeta.net/main/comments.php?id=3D18469&catid=3D=
5</A></DIV>
<DIV> </DIV>
<DIV><A=20
href=3D" http://download.microsoft.com/download/4/e/3/4e3eace0-4c6d-4 123-9=
d0c-c80436181742/OSLicQA.doc">http://download.microsoft.com/download/4/e/=
3/4e3eace0-4c6d-4123-9d0c-c80436181742/OSLicQA.doc</A></DIV>
<DIV> </DIV>
<DIV>Of particular interest is =
topic=20
11.  </DIV>
<DIV> </DIV>
<DIV>
<SPAN=20
style=3D"FONT-SIZE: 16pt; FONT-FAMILY: 'Franklin Gothic Medium'"><FONT=20
face=3DArial>Education Operating System =
Licensing=20
Q&A<?xml:namespace prefix =3D o ns =3D =
"urn:schemas-microsoft-com:office:office"=20
/><o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'"><FONT=20
face=3DArial> <o:p></o:p>
Please=20
Note:  This Q&A is provided solely for informational =
purposes. =20
Your use of Microsoft Software Products is governed by the terms and =
conditions=20
of your licensing agreement.<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Medium'"><o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'"><FONT=20
face=3DArial> <o:p></o:p>
<FONT=20
face=3DArial>For more information on licensing please visit <A=20
href=3D"http://www.microsoft.com/licensing"><FONT=20
face=3DArial>http://www.microsoft.com/licensing</A>=20
<FONT=20
face=3DArial>or <A><FONT=20
face=3DArial>http://www.microsoft.com/education/HowToBuy.mspx</A><=
FONT=20
face=3DArial> <SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Medium'"><o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'"><FONT=20
face=3DArial>  <o:p></o:p>
Frequently=20
Asked Questions<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Medium'"><o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'"><FONT=20
face=3DArial> <o:p></o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'; =
mso-ansi-language: EN-AU"><FONT=20
face=3DArial>What is a software=20
license?<o:p></o:p></LI></OL>
<SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'; =
mso-ansi-language: EN-AU">ANSWER.=20
A software license gives a person (or =
an<SPAN=20
style=3D"COLOR: blue"> institution) the right to use a software =
product in=20
a particular way.   The terms of the license agreement =
describe the=20
permitted uses of the software.  Copyright law also limits how a =
person may=20
use the software.  A person needs a license for each software =
program he or=20
she installs on a computer. <SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D2>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'; =
mso-ansi-language: EN-AU"><FONT=20
face=3DArial>How does copyright law apply to software=20
licensing?<o:p></o:p></LI></OL >
<FONT=20
face=3DArial>ANSWER. According to the U.S. Copyright Act, it is illegal =
to make or=20
distribute copyrighted material (which includes computer programs) =
without=20
specific authorization from the copyright owner. The unauthorized =
duplication of=20
software constitutes copyright infringement, regardless of whether it is =
done=20
for sale, for free distribution, or for the copier's own=20
use.<o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D3>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'; =
mso-ansi-language: EN-AU"><FONT=20
face=3DArial>What is an OEM=20
license?<o:p></o:p></LI></OL>
<FONT=20
face=3DArial>ANSWER.  An =
=93OEM=94 license=20
is a license distributed by an Original Equipment Manufacturer, or an=20
=93OEM.=94  An OEM is a =
person or=20
company who builds and sells computers. =20
Some OEMs also distribute software, especially operating systems =
such as=20
Microsoft=AE Windows.<o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D4>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'">When a school or institution enters into a =
Microsoft Volume=20
Licensing agreement (Campus Agreement, School Agreement, Academic =
Open,=20
Academic Select), does that mean it is licensed for a full =
Microsoft=AE=20
operating system (OS), such as=20
Windows?<o:p></o:p></LI></OL>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'"><FONT=20
face=3DArial>ANSWER: No. Microsoft Volume Licensing only licenses a =
school or=20
institution for an upgrade for Windows, and sometimes for a downgrade to =
an=20
earlier version of Windows. There are only three ways for an education=20
institution to obtain a full operating =
system:<o:p></o:p>
<FONT=20
face=3DArial><SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: Wingdings; =
mso-fareast-font-family: Wingdings; mso-bidi-font-family: =
Wingdings"><SPAN=20
style=3D"mso-list: Ignore">=A7<FONT=20
size=3D2>          =20
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'">Acquire =
the=20
Full-Packaged Product from a retail store.<o:p></o:p>
<FONT=20
face=3DArial><SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: Wingdings; =
mso-fareast-font-family: Wingdings; mso-bidi-font-family: =
Wingdings"><SPAN=20
style=3D"mso-list: Ignore">=A7<FONT=20
size=3D2>          =20
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'">Acquire a =
new PC=20
with an OEM version of the operating system=20
preinstalled.<o:p></o:p>
<FONT=20
face=3DArial><SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: Wingdings; =
mso-fareast-font-family: Wingdings; mso-bidi-font-family: =
Wingdings"><SPAN=20
style=3D"mso-list: Ignore">=A7<FONT=20
size=3D2>          =20
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'">Acquire =
an OEM=20
license with additional hardware from your system=20
builder.<o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D5>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'; =
mso-ansi-language: EN-AU"><FONT=20
face=3DArial>What underlying full operating system license =
qualifies for=20
Windows operating system upgrade licenses offered through Microsoft =
Academic=20
Volume Licensing programs?<o:p></o:p></LI></OL>
<FONT=20
face=3DArial>ANSWER. For upgrade eligibility for licenses acquired =
through=20
Academic Open or Academic Select, refer to the current Microsoft Product =
List=20
available at <A><FONT=20
face=3DArial> http://www.microsoft.com/licensing/resources/default.asp#pro =
dlist</A><FONT=20
face=3DArial>.<o:p></o:p>
<o:p><FONT=20
face=3DArial> </o:p>
<SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'; =
mso-ansi-language: EN-AU">In=20
order to qualify for the Windows OS Upgrades offered through Campus =
Agreement or=20
School Agreement, you=20
or your users must have a valid license for a Microsoft Windows =
operating system=20
on each PC on which the software is run.<SPAN=20
style=3D"FONT-SIZE: 10pt; COLOR: blue; FONT-FAMILY: 'Franklin Gothic =
Book'; mso-bidi-font-family: Arial"><o:p></o:p>
<o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D6>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><FONT=20
face=3DArial>What=20
is the difference between OEM product and Full-Packaged Product=20
(FPP)?<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Medium'"><o:p></o:p></LI></OL>
<SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'; =
mso-ansi-language: EN-AU">ANSWER. =20
OEM products are intended to be preinstalled on hardware before the end =
user=20
purchases the product.  They are =93shrink wrapped=94 and do not =
come in a box=20
like the retail products do.  Full-Packaged Product (FPP) is boxed =
with=20
CD(s), manuals, and the EULA and is sold in retail stores in individual=20
boxes.  The End User License Agreements (commonly referred to as =
=93EULAs=94)=20
for OEM and FPP products are slightly different.  One main =
difference is=20
that an OEM operating system license (such as the license for Windows) =
cannot be=20
transferred from its original PC to another =
PC.   However, the=20
FPP version of Windows may be transferred to another PC as long as the =
EULA,=20
manual and media (such as the backup CD) accompany the transfer to the =
other=20
PC.  Also, when a customer purchases an OEM product, the OEM =
license=20
requires the OEM to provide support for the product.<SPAN=20
style=3D"mso-spacerun: yes">   <SPAN=20
style=3D"FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D7>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'; =
mso-ansi-language: EN-AU"><FONT=20
face=3DArial>How do I know whether I have a genuine OEM =
license for my=20
operating system? =20
<o:p></o:p></LI></OL>
<FONT=20
face=3DArial>ANSWER.  Microsoft has a website that helps customers =
determine=20
if they have acquired genuine Microsoft products at <A=20
href=3D"http://www.microsoft.com/howtotell"><FONT=20
face=3DArial>http://www.microsoft.com/howtotell</A>. =20
After reviewing the site, if you believe that your Microsoft product may =
be=20
suspect or counterfeit, you should report this suspected piracy in the =
tool=20
provided on the website. =20
Alternatively, you may call 1-800-RULEGIT or e-mail =
<A><FONT=20
face=3DArial>piracy@microsoft.com</A> to =
report any=20
suspected counterfeit or pirated software.<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D8>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'; =
mso-ansi-language: EN-AU"><FONT=20
face=3DArial>What do I do if I realize that I do not have a =
full license=20
for Windows, or if I received a donated PC that did not come with an =
operating=20
system license?<o:p></o:p></LI></OL>
<FONT=20
face=3DArial>ANSWER.  If =
you do not=20
have a genuine operating system license, you can acquire a Full-Packaged =
Product=20
(FPP) version of the product from your local retail store.<SPAN=20
style=3D"mso-spacerun: yes">  Or you may purchase an OEM =
version of an=20
operating system from a Microsoft System Builder, subject to the =
requirement=20
that you purchase hardware with that OEM version of the product.<SPAN=20
style=3D"mso-spacerun: yes">  At that time, you should =
receive a=20
genuine EULA, Certificate of Authenticity (COA), and manual.<SPAN=20
style=3D"mso-spacerun: yes">  Visit the Microsoft How to =
Tell website=20
to determine whether you have genuine software and licensing; =
<A><FONT=20
face=3DArial>http://www.microsoft.com/piracy/howtotell</A><FONT=20
face=3DArial>. <o:p></o:p>
<o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D9>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'; =
mso-ansi-language: EN-AU"><FONT=20
face=3DArial>Can I transfer my operating system license from =
an old PC=20
to a new one?<o:p></o:p></LI></OL>
<SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'; =
mso-ansi-language: EN-AU">ANSWER.=20
Not unless it was purchased as a Full-Packaged Product from a retail =
store=20
(i.e., Windows in a box). Current OEM licenses for all Microsoft =
operating=20
system products are not transferable from one machine to another. The =
End User=20
License Agreement (EULA) governs the terms for transfer of =
licenses.<SPAN=20
style=3D"mso-spacerun: yes">  Some EULAs for copies of =
certain older=20
OEM operating system products (i.e., <SPAN=20
style=3D"LAYOUT-GRID-MODE: line">MS-DOS=AE, Windows=AE 3.1, and Windows =
for Workgroups=20
3.1) distributed in 1995 or earlier may permit transfer of the OEM =
operating=20
system software license under limited circumstances.  (See =
Software=20
Product Transfer section of your End User License Agreement.)  =
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p></o:p>
<o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D10>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'; =
mso-ansi-language: EN-AU"><FONT=20
face=3DArial>  =
If I =93retire=94=20
a PC with an OEM license on it, can I use that software on a new=20
PC?<o:p></o:p></LI></OL>
<FONT=20
face=3DArial>ANSWER. No. To put it simply, OEM product is =93married=94 =
to the=20
original PC on which it was installed. Current OEM licenses are not =
transferable=20
from one machine to another. The software cannot be moved from PC to PC, =
even if=20
the original PC it was installed on is no longer in use. This is true =
for all=20
OEM software =96 operating systems and =
applications.<o:p></o:p>
<o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D11>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><FONT=20
face=3DArial><SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Medium'">Rather=20
than purchase completely new PCs, my organization performs in-place =
upgrades=20
to the hardware on many of our computers. We often times only replace =
the=20
motherboard, processor, and memory. Since the COA is still on the case =
and the=20
OS is still installed on the hard drive, this computer is still =
licensed,=20
right?<o:p></o:p></LI></OL>
<SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'; =
mso-ansi-language: EN-AU">ANSWER. =20
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'">Generally, you may=20
upgrade or replace all of the hardware components on your computer and =
maintain=20
the license for the original Microsoft OEM operating system software, =
with the=20
exception of an upgrade or replacement of the motherboard. <FONT=20
color=3D#ff0000>An upgrade of the motherboard is considered to result in =
a "new=20
personal computer." Microsoft OEM operating system software =
cannot be=20
transferred from one computer to another. Therefore, if the motherboard =
is=20
upgraded or replaced for reasons other than a defect then a new computer =
has=20
been created, the original license expires, and a new full operating =
system=20
license (not upgrade) is required. This is true even if the computer is =
covered=20
under Software Assurance or other Volume License programs.<SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'; =
mso-ansi-language: EN-AU"><o:p></o:p>
<o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D12>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'; =
mso-ansi-language: EN-AU"><FONT=20
face=3DArial>  =
If I upgrade=20
some of my PC components, do I have to purchase a new operating=20
system?<o:p></o:p></LI></OL>
<FONT=20
face=3DArial>ANSWER.  The answer depends on the components that are =
upgraded=20
or changed in the PC. The operating system licenses must remain with the =
device=20
that retains the motherboard, chipsets, and chassis that include the =
serial=20
number of the device. The operating system may be installed on a =
new/replacement=20
hard drive as long as the operating system is first removed from the old =
hard=20
drive. =20
<o:p></o:p>
<o:p><FONT=20
face=3DArial> </o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'"><FONT=20
face=3DArial>Please refer to the section on =93<SPAN=20
style=3D"mso-bidi-font-weight: bold; mso-bidi-font-style: =
italic">Modifications to=20
hardware and how they affect the activation status of Windows =
XP=94 in the=20
following link for a more detailed explanation regarding specific =
hardware=20
changes. The same hardware component changes that can be made to a PC =
before=20
requiring re-activation of Windows XP are the same changes that can be =
made=20
before a PC is considered to be =93new=94 - and when a new license for =
OEM software=20
is required. <o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p><FONT=20
face=3DArial> </o:p>
<A><FONT=20
face=3DArial> http://microsoft.com/piracy/basics/activation/windowsproduct =
activationtechnicalmarketbulletin.doc</A><o:p></o:p >
<o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D13>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'">  =
Am I allowed=20
to =93downgrade=94 with my OEM operating system license?=20
<o:p></o:p></LI></OL>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'"><FONT=20
face=3DArial>ANSWER: OEM Operating system licenses (with the exception =
of Windows=20
XP Professional) do not include downgrade rights.<SPAN=20
style=3D"mso-spacerun: yes">   =20
<o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p><FONT=20
face=3DArial> </o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'"><FONT=20
face=3DArial>The Windows XP EULA grants you a =93downgrade=94 right, =
that is the right=20
to install and run a previous version of Microsoft Windows.  =
However, under=20
the terms of the EULA, the Windows XP EULA remains applicable.  In =
order to=20
downgrade, it is necessary for you to accept the terms of the Windows XP =
EULA by=20
going through the initial start-up process and accepting the Windows XP =
license.=20
Thereafter, you (or the OEM, on your behalf if authorized) may delete =
Windows XP=20
from the computer and install a prior version of Microsoft =
Windows.  You=20
user may not install a prior version unless your have deleted Windows XP =
from=20
the computer system.  The EULA specifically provides that neither =
the OEM=20
nor Microsoft will provide support for the downgraded version or supply =
the=20
media from which you will copy the downgraded version.  You (or the =
OEM on=20
your behalf) may use the media from any genuine Microsoft software for =
which it=20
is legally licensed to install the downgrade software, for example: =
Select,=20
Open, Retail (FPP) or system builder (E2E) media.  (Note that the=20
installation of a prior version of Microsoft Windows using media =
supplied in=20
connection with another legally licensed computer does not affect the =
license=20
status of such other computer (i.e. You do not have to delete the =
earlier=20
version from the other PCs) =96 Microsoft is simply authorizing you to =
use this=20
media to accomplish the downgrade on the new computer system.)  You =
retain=20
the right to reinstall Windows XP at any time, provided you also delete =
the=20
prior version.<o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p><FONT=20
face=3DArial> </o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'"><FONT=20
face=3DArial>Windows XP Professional is the only MICROSOFT OEM software =
product=20
which grants such a downgrade right.<o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D14>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'">Can I transfer my upgrade (VUP [Version Upgrade], =
CUP=20
[Competitive Upgrade], PUP [Product Upgrade], UA [Upgrade Advantage], =
SA=20
[Software Assurance]) operating system licenses from an old PC to a =
new=20
one? <o:p></o:p></LI> </OL>
<FONT=20
face=3DArial>Example.  A customer had an older machine that came=20
pre-installed with MS-DOS and Windows 3.1 and the customer then acquired =
a=20
Windows 98 upgrade license via the Academic Select Program.  If the =

customer decided to donate the machine to a charity, could he or she =
remove=20
Windows 98 from that machine and then transfer the Windows 98 upgrade =
license to=20
a different machine within their organization? =20
<o:p></o:p>
<SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'; =
mso-ansi-language: EN-AU">ANSWER.<SPAN=20
style=3D"COLOR: red"> =20
No.  Under Academic Select and Academic Open, =
operating=20
system upgrade licenses are tied to the machines on which they are first =

installed.  If a customer acquires an upgrade license via one of =
those=20
programs and then installs that upgrade on a given machine, the upgrade =
license=20
is then tied to that machine and may not be transferred to another =
machine,=20
regardless of whether or not the upgraded software is removed from the =
original=20
machine.  Upgrades are simply product upgrades to the original =
license.=20
They do not constitute new licenses in themselves.<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p></o:p>
<o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D15>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'; =
mso-ansi-language: EN-AU"><FONT=20
face=3DArial>Do the same OEM licensing terms apply to server =
products as=20
they do to desktop operating system=20
products?<o:p></o:p></LI></OL >
<FONT=20
face=3DArial>ANSWER. End User License Agreements (EULAs) vary among =
products and=20
you should check the EULA for each product before installing them. In =
general,=20
OEM server and OEM desktop operating systems have similar EULAs, e.g., =
they are=20
generally non-transferable and there are normally no downgrade=20
rights.<o:p></o:p>
<o:p><FONT=20
face=3DArial> </o:p>
<SPAN=20
style=3D"FONT-FAMILY: 'Franklin Gothic Book'">=A9=20
2001-2005 Microsoft Corporation.  =

All rights reserved. =20
Microsoft, MS-DOS, Windows, and Windows NT are either registered=20
trademarks or trademarks of Microsoft Corporation in the <?xml:namespace =
prefix=20
=3D st1 ns =3D "urn:schemas-microsoft-com:office:smarttags" =
/><st1:country-region=20
w:st=3D"on"><st1:place w:st=3D"on">United =
States</st1:place></st1:country-region>=20
and/or other countries. =20
<o:p></o:p></DIV></BODY ></HTML>

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[Message index]

		OT: New MS ruling on Windows licensing.. and it sucks. By: Aaron Allen on Tue, 28 February 2006 09:45
		Re: OT: New MS ruling on Windows licensing.. and it sucks. By: EK Sound on Tue, 28 February 2006 10:05
		Re: OT: New MS ruling on Windows licensing.. and it sucks. By: Aaron Allen on Tue, 28 February 2006 10:26
		Re: OT: New MS ruling on Windows licensing.. and it sucks. By: Tony Benson on Tue, 28 February 2006 10:40
		Re: OT: New MS ruling on Windows licensing.. and it sucks. By: Aaron Allen on Tue, 28 February 2006 15:38
		Re: OT: New MS ruling on Windows licensing.. and it sucks. By: Mike Claytor on Wed, 01 March 2006 09:28
		Re: OT: New MS ruling on Windows licensing.. and it sucks. By: jef knight[1] on Fri, 03 March 2006 09:12

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