On Wednesday 02 March 2011 18:39:20 Tzadik Vanderhoof wrote:
> The OEM also states that you can buy a computer with Windows
> pre-installed, and if you don't agree with the OEM, and do not use
> Windows at all (i.e. you wipe out Windows and install another OS),
> you have the right to return the disks and get a refund from
> Microsoft for the value of Windows.  People have actually received
> this money.  I think there are court cases pending against Microsoft
> because they make this process difficult.
> 
> On Wed, Mar 2, 2011 at 10:50 AM, geoffrey mendelson <
> 
> geoffreymendel...@gmail.com> wrote:
> > On Mar 2, 2011, at 5:22 PM, Elazar Leibovich wrote:
> >> The fact you got installation discs, doesn't mean its
> >> legal/permitted by MS to install them on any computer you want.
> > 
> > It depends. From what I understand of the EULA (which you can
> > easily find on their site if you want to read it) if you buy an
> > OEM version of Windows from Microsoft, you can install it on
> > another computer if the one you bought it with is replaced by the
> > new one. For example, if your motherboard dies, and you buy a new
> > computer instead of a new motherboard.
> > 
> > However it is not legal to install it on another computer if the
> > first one still exists or has it installed.
> > 
> > It's also legal to install it in a virtual machine as long as that
> > virtual machine is run only on the computer it was bought for, and
> > only is used by the person who is using the computer. So those
> > virtualization packages which let you run multiple monitors and
> > keyboards require a separate license for each virtual machine.
> > 
> > The OEM versions included by a manufacturer, e.g. HP, are
> > different. What is included and how is up to them. Most only
> > include an install partition on the hard drive, and install
> > Windows from that. They usually include a program to make install
> > disks, but the disks can only install on that particular model (it
> > checks BIOS signature) and wipe any drive they are used on.
> > 
> > Usually these are not upgradable. For example we bought a Packard
> > Bell computer instead of an HP because HP included 32 bit Windows
> > and we needed 64. To get it on the HP we would of had to buy the
> > full retail version.
> > 
> > The OEM can include a sicker with a "magic number" to do an install
> > if the BIOS signature changes, but they cost more and are often no
> > longer done. Note that the BIOS specific versions of Windows will
> > not install in a virtual machine without the magic number.
> > 
> > As far as buying a laptop without Windows, I highly recommend
> > against it. You are not going to save very much, probably around
> > 100 NIS, and it really lowers the resale/gift value. It's just a
> > question of whether or not you think you will sell it before it
> > becomes so obsolete no one wants it.
> > 
> > Geoff.
> > 
> > --
> > Geoffrey S. Mendelson,  N3OWJ/4X1GM
> > Those who cannot remember the past are condemned to misquote it.

All very interesting.

I suspect that a cometent lawyer could make a case that the combination 
of the limitations described in this thread (which seem to me reasonable 
in themselves) coupled with MS policies enforced to punish or discourage 
vendors that wish to sell computers sans Windows, amount to restraint of 
trade, and are therefore themselves illegal. I think the same attorney 
could also demonstrate the same for the regioning policy for DVDs. Such 
a lawyer would have streets named for him in cities all over the world, 
not to mention roses.

But all that is a horse of a different wheelbase, and not what the OP 
wanted to know.
-- 
Stan Goodman
Qiryat Tiv'on
Israel

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