Is this illegal?

fini said:
The question is whether you have authorisation to distribute windows and whether you have authorisation to make copies.
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Off the top of my head, the OEM EULA grants you a right to make a copy for backup, which I would argue would be applicable in this case, although as I already said, I would not recommend it.
 
Tute said:
Replacement HDD, then get media off Acer or Microsoft.

The HDD should be easy enough to replace if you take off the backplates - i'm pretty sure it will be 2.5" though so watch for that.

Then just get replacement media, it might cost you a small amount but as Burnsy said, it's a better idea than chancing it with a torrent.
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how legal is it to replace the oembios files and use a royalty key? (flies through activation)
 
fini said:
EDIT: To clarify, it would be the downloading the copy off the internet, which would be unlawful. If you can find a friend who has a copy you can borrow their copy and use your key and that would be completely lawful.
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they're exactly the same thing!
 
the oem keys that manufacturers use to install their machines with, they pre-register them with ms -ie, dell will only have one key that they use for all their xp home oem pc's

-the ones printed on the case will be different to what is actually used

there are about 10 companies with royalty keys, you need the oembios file, a dell bios chip and the royalty key to make it all work


basically you can make a 'dell oem home xp' disc using a normal oem cd and the above -it will only work on the dell though
 
In which case, I have a strong feeling that it wouldn't be legal, but I'd have to spend some time to find what is specifically wrong.
 
I had same problem with my sony laptop, had done format and wiped the recovery partiton, so i phoned sony and they sent me the oem disk for my laptop which installed and legal, only thing was it still had the programs etc from 2005 when i bought my laptop so had to go through and uninstall a lot of it.
 
Burnsy2023 said:
Off the top of my head, the OEM EULA grants you a right to make a copy for backup, which I would argue would be applicable in this case, although as I already said, I would not recommend it.
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backup wouldn't be applicable in this case as you'd also be distributing. If you torrented it without uploading anything at all then that still wouldn't be good enough because you're not backing up your media, but copying someone elses. I would be very surprised if the backup right in the EULA goes any further than that already supplied under the s 50A CDPA - which only applies to lawful users - defined as a person who has 'a right to use the program'. He would not have this right over someone elses copy of the program.
 
fini said:
If you torrented it without uploading anything at all then that still wouldn't be good enough because you're not backing up your media, but copying someone elses.
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I don't think that matters as you are still a lawful user.

fini said:
which only applies to lawful users - defined as a person who has 'a right to use the program'. He would not have this right over someone elses copy of the program.
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But if you have a licence, you have a right to use the program, whether it is your copy of the program or someone else's.

But then I'm not as qualified as you so this is my personal opinion rather than professional advice.
 
Burnsy2023 said:
I don't think that matters as you are still a lawful user.... if you have a licence, you have a right to use the program, whether it is your copy of the program or someone else's.
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What matters is the right that you're given - because you're only a lawful user if you have a right to use the program. It is highly unlikely in the EULA you will be given a right to use any copy of Windows or just generally 'Windows', it'll be 'windows contained herein' or Windows will be defined to mean the programs on that CD. If the EULA limits your right to the program to that program found on the CD then you're not a lawful user if you're using/'backing up' any other version.

EDIT: Just reading through the vista EULA for the first time and looks like it was written by monkeys - more comments on it as I get through it.

EDIT2: Did you know that it defines different partitions as different devices? So you can't have vista installed on 2 partitions at once...weird.

EDIT3: 'You may use the software on up to two processors on that device at one time.'...no 4 processor system for me :(

EDIT4:'You may make one backup copy of the media' notice 'media' rather than software or program or whatever other defined term they choose to use. This doesn't affect your rights under the CDPA though of course, but you can clearly see microsoft doesn't want you backing up other people's versions over the internet lol.

EDIT5:
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any.
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To me that's them trying to link the software with the media as a single entity - though I must say this EULA really is poorly written. I've worked with some big IT names recently - and I can't think of another that would let the rubbish Vista EULA go out and get used - heck I wouldn't!

Link to EULA for those interested
 
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fini said:
EDIT2: Did you know that it defines different partitions as different devices? So you can't have vista installed on 2 partitions at once...weird.
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Yes, it licensed per installation.

fini said:
EDIT3: 'You may use the software on up to two processors on that device at one time.'...no 4 processor system for me :(
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Important distinction 1: you are licensed for 2 physical processors with unlimited cores.

And reading the XP home OEM EULA, there seems to no distinction of software on the CD as you suggest:

The
SOFTWARE includes Microsoft computer software, and may include
associated media, printed materials, "online," or electronic
documentation and Internet based services.
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fini said:
Where's that? Is that just in the XP EULA? Also see my edits above.
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No, it's not stated in the EULA, it's clarification to System Builders from MS.

I think we can agree that the EULA isn't well articulated and that in the hugely unlikely event of someone getting sued it'd be up to a judge or magistrate to decide whether the terms are enforceable. Either way, I reiterate my original advice of getting replacement media from MS direct.
 
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metamorphpwner said:
the copy you download can't be an OEM version and needs to be the same service pack. then it should all work. although your ISP mightt not like you downloading it. mine didn't like me getting another copy of vista.
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I'd tell the ISP to screw themselves especially in yourcase since MS have released downloadable images of Vista which you can download from any source, just confirm the MD5 hash and all is good.

It's exactly what I did except mine was downloaded from a torrent site when I upgraded my oem 32bit vista to 64bit ultimate :)
 
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