|Copy of XP no longer used|
Can I sell it?
My old laptop recently died. I've bought a new one with XP preloaded.
Can I legally sell the now unused OEM version from my old laptop?
I can't see why not, but others have said Microsoft won't register it, has anyone done this?
OEM means not full version in ms's eyes. I tried to upgrade my media center edition to pro to get it to join a domain and couldnt. They told me I have to buy full version because pc manufaturer doesnt pay full price for it. Stinks to me.
From microsoft's eula faq:
|6. Is it legal for me to sell software that I have bought and used? |
Yes, as long as you follow the terms of transfer outlined in your license agreement. You may not rent or lease the software, but you may transfer your rights under the End User License Agreement (EULA) on a permanent basis provided you transfer all copies of the software and all written materials, including the original license agreement and the Certificate of Authenticity (COA) where applicable. For any valid transfer, the software recipient must agree to the terms of the EULA. Any transfer must include the most recent product upgrade as well as any prior versions that you have, including media and documentation.
Some people consder that this does not allow one to sell OEM versions ..MS does not make the distinction between them in their doc ..
also from MS
|"Selling/Transferring License Ownership" |
The selling or transfer of license ownership on previously activated XP OS is limited to retail versions only. OEM versions are restricted to the original computer it is installed and sale or transfer must include the computer.
If you are selling the copy of XP you removed, you will need to sell with all manuals, documentation, etc. that was originally supplied. You should also include a receipt stating you sold the copy of XP in compliance with the EULA. Steps 2 thru 4 (from FAQ#6) should also be explained to the buyer. It is not necessary for the buyer to explain anything during the phone call activation; other than it was removed in compliance with the EULA and installed on a new computer. Activation is anonymous and supplying information other than what is required will often delay the activation until documentation is faxed or snail mail verifying the transfer was in compliance with the XP EULA. If prompted to supply information other than the previously stated requirement, ask to speak to a supervisor; if you are in compliance; state that you need your new install of XP on upgraded hardware activated and you meet the required terms of the EULA agreement.
There is no requirement you must state you are a new owner of a previously activated XP.
appolgies to Bill and admins for the length of the quoted peices ..cant make them shorter without leaving room for doubt
for full details on how to stay within the EULA ..read the EULA ..there is one on every machine with doze installed ..
you can also go here [michaelstevenstech.com...]
His place is very much easier to find your way around than MS's own site info ..hope the link is OK to post? ..good info site ( english language only ) for those who need specific answers ..I have no connection to him ..
[edited by: Leosghost at 5:45 pm (utc) on Oct. 3, 2006]
Thanks for the link Leo.
It says OEM versions are linked to the computer they were supplied with and Microsoft 'probably' won't activate them.
So I can't sell my old copy :-(
The cost of XP was built into the purchase price of my old laptop. If it can't sell it I should at least be able to install it on my new PC. In effect I've paid twice for the privilege of using a Microsoft product!
|It says OEM versions are linked to the computer they were supplied with... |
So Misco$oft should be forced to buy back the software when the hardware is no longer usable. Hmm, I smell another class action lawsuit brewing...
Wading through all the various EULA documents on the Microsoft site is something I would recommend for insomniacs. ;) It's a really chore to find anything in this area over there. I couldn't find a specific document that denied the right of sale of an OEM copy of Windows, but I have heard many times that this is not acceptable. Essentially the reduced price OEM license does tie that copy of Windows to a particular machine...I just can't find the exact article that states this.
Basically, the answer is "yes" if you can find a buyer. From a legal point of view, simply offer to include the laptop in the deal. The new owner, is then entitled to "repair" the laptop by replacing it.
|From a legal point of view, simply offer to include the laptop in the deal |
Which is why people selling on Windows on ebay include a small 'piece of hardware', but will Microsoft activate the software? If there's any doubt I'll throw it in the garbage, rather than waste someonelses time.
When I buy something whether it be a car, computer, book or audio cd. I expect to be able to use it without limitations, and dispose of it how I see fit. Imagine the uproar if suddenly you couldn't give old books to charity, sell your old cd's, or you had to trade-in your car with the dealer rather than sell it privately.
Microsoft can put what they like in their EULA but the terms must be fair and not contravene local laws, I wonder whether this would really stand up in court?
Although I have a certain amount of sympathy for Microsofts piracy problem. This is going too far, I think it has more to do with preventing low priced unused software entering the market than piracy.
Provided it is sold within the same country, MS will activate it. I am certainly no fan of Microsoft, but when I've had to deal with them on the phone, the've always been helpful.
However, there is nothing to stop you phoning MS and asking them.