Windows Xp Server 2003 RC 5 licence Edition question

Colbaker · 12 Oct 2006 at 14:14

Hi, i have a full legal Windows Xp Server Edition RC2 with 5 licence's with OEM licence sticker and manuals which i do not want, The only problem is that how would i sell it? would i need to throw together a server to sell it with or can i sell it with a piece of hardware?

Thanks

csmager · 12 Oct 2006 at 14:21

Neither. Just sell it (providing you haven't already installed it somewhere)

Colbaker · 12 Oct 2006 at 14:23

O.k. how do i find out if it has been installed before?

stoofa · 12 Oct 2006 at 17:24

Unless you are a dealer then you're not entitled to resell OEM products as per MS's rules on OEM licenses.
Surely you must know how you got hold of this software?

Colbaker · 12 Oct 2006 at 17:51

Yeh i know how i got it and it probably has already been activated once before but not in use now, So do you think i cannot sell it unless i build a sort of low spec server which i do have the bits to do?

csmager · 12 Oct 2006 at 17:54

If you think it's already been used, then according to the license agreement it can't be used on any other PC afaik.

Burnsy2023 · 12 Oct 2006 at 21:41

How did you aquire the software? Generally OEM licenses are non re-distributable, so it would be illegal to sell it.

Burnsy

Curiosityx · 13 Oct 2006 at 01:48

You can only sell an OEM license with the machine it was supplied with. They are not for distribution or re-sale.

Of course you could but it would be illegal

Burnsy2023 · 13 Oct 2006 at 10:03

Curiosityx said:
You can only sell an OEM license with the machine it was supplied with. They are not for distribution or re-sale.

Of course you could but it would be illegal

That's not quite true, but your on the right lines.

Burnsy

Sinizterguy · 13 Oct 2006 at 10:12

They only store this activation stuff for 3 months. So if you use the same serial key 3 months later, it will automatically activate over the internet with no problems.

Legally, you cannot sell OEM licenses except with the server they came with. But what is the server they came with ? Say you upgraded everything? Just the case? The motherboard? Legally, MS says its the motherboard. But EU law does not allow MS to enforce this - which means that you can upgrade, change PCs, whatever you want as long as a single copy is only installed on one PC at a time.

If you are no longer using the license, and its not installed anywhere, nothing stopping you from selling the license except mods in forums where they insist you cant sell it this way or that way.

Burnsy2023 · 13 Oct 2006 at 13:19

Sinizterguy said:
Legally, you cannot sell OEM licenses except with the server they came with. But what is the server they came with ? Say you upgraded everything? Just the case? The motherboard? Legally, MS says its the motherboard. But EU law does not allow MS to enforce this - which means that you can upgrade, change PCs, whatever you want as long as a single copy is only installed on one PC at a time.

I have looked quite in depth about the EU Directive that you are referring to. It is by no means totally black and white, and unless you have the money to pay the legal fees to challenge a lawsuit I would strongly advise against this. No legal precidence has been set, although I would watch such a case very closely.

Sinizterguy said:
If you are no longer using the license, and its not installed anywhere, nothing stopping you from selling the license except mods in forums where they insist you cant sell it this way or that way.

And don't forget UK law.....

Burnsy