Windows XP on Ebay

GreatDaleness

Senior member
Sep 15, 2003
289
0
0
I am not sure if this is the right category for this or not, but here goes. I have an old p3 750 collecting dust and a friend needs a computer. Said friend isn't computer competent, so it needs to be Windows. Newegg has XP home for around $90, but ebay sellers have it for less than half that. If the seller has a good record, it is unregistered/unactivated, factory sealed, and has a Certificate Of Authenticity does that make everything legal/ok/problem free?

Also if anyone knows of a better place to get a copy, let me know. It needs to be cheap and windows XP.
 

Doomer

Diamond Member
Dec 5, 1999
3,721
0
0
cheapest way to go would be to just buy the license. That is, if you already have a copy of the CD.

eagle computers has XP Home license only for 57 bucks.
 

GreatDaleness

Senior member
Sep 15, 2003
289
0
0
so I could burn a copy of WIndows XP Home OEM that I have and send that with the license? Sounds great!
 

mcveigh

Diamond Member
Dec 20, 2000
6,457
6
81
Originally posted by: GreatDaleness
so I could burn a copy of WIndows XP Home OEM that I have and send that with the license? Sounds great!



not legal MS doesn't allow selling just the coa
 

InlineFive

Diamond Member
Sep 20, 2003
9,599
2
0
Originally posted by: mcveigh
Originally posted by: GreatDaleness
so I could burn a copy of WIndows XP Home OEM that I have and send that with the license? Sounds great!



not legal MS doesn't allow selling just the coa

Besides it has without a doubt CD Copy-Protection on it to prevent that.
 

Doomer

Diamond Member
Dec 5, 1999
3,721
0
0
You guys are clueless. The value is in the license not the media.

not legal MS doesn't allow selling just the coa

Got any other jokes? Maybe you should go check your facts.
 

tcsenter

Lifer
Sep 7, 2001
18,802
472
126
Originally posted by: Doomer
You guys are clueless. The value is in the license not the media.

not legal MS doesn't allow selling just the coa

Got any other jokes? Maybe you should go check your facts.
Correct me if I'm wrong, but did you actually just state that all one needs to make a burned copy of Windows XP legitimate is purchase a 'loose' Certificate of Authenticity (COA) for an OEM product, then accuse MCVEIGH of being "clueless" for stating that a 'loose' COA is not a valid license, only to finish this shocking demonstration of idiocy by recommending he get his facts straight?

WOW.

MCVEIGH is 100% correct. A COA is not a license and is bound to the physical product with which the COA was distributed, be it CD media or hardware. A COA 'certifies' the 'authenticity' of the Microsoft product with which the 'certificate' of 'authenticity' is distributed. Ain't that a hoot! Where they get this stuff?

If a COA is distributed without its accompanying product, it 'Certifies the Authenticity' of nothing, since it was tied to nothing. From Microsoft's OEM Licensing FAQ:
4. What is a Certificate of Authenticity ("COA")?

The Certificate of Authenticity assists you and your customers to determine whether the Microsoft software and components are genuine. The COA is included with each CD Pack and authenticates only the software components with which it is legally distributed.

Note: The COA is not the license. However, since the end user cannot be legally licensed unless the software is genuine, the COA is used as part of the process to determine whether an end user has genuine software that is legally licensed.
An additional license to install a full or upgrade version of Windows XP Home on more than one computer can be purchased.

Additional Licenses for Windows XP Home Edition

Additional Licensing Information

For qualifying products and customers, there are other ways to purchase additional licenses (Microsoft License Packs, Volume and Royalty Licensing Program participants, Direct Microsoft Customers, etc.).

But under no circumstance is there any license that could be construed to permit a person to make a copy of a Microsoft product then furnish it to a completely different person for use on a different computer. This is textbook piracy and buying 100 COAs isn't going to make it something different.
If I purchase this, all I have to do is copy a current WIndows XP home CD and use/send that?
You could do that. You'd have no more of a valid license than if I scribbled "Windows XP Home License" on a cocktail napkin then charged you 50 bucks for it, but you could do it.
 

xSauronx

Lifer
Jul 14, 2000
19,582
4
81
so how does a company buy multiple COA's? how do they advertise them, and sell them...and not get busted? it cant be hard to find companies selling the COAs, why doesnt MS go after them?
 

fredtam

Diamond Member
Jun 6, 2003
5,694
2
76
tcsenter you linked to the consumer side of microsoft. You will notice that you can't buy an OEM version there either. You can buy XP Home Full or Upgrade. Does this mean that oem products are not legal? No. They are simply for a different market segment ie. system builders. Do you think that Dell gets a CD for every computer? No. They copy and produce their own CDs and provide the customer with a COA (the pretty sticker with the key) indicating that it is a legal copy. COAs are simply additional licenses sold without the media. They must be purchased with hardware and you must have an OEM cd. They are completely legal. I use them. The fact is when you buy the OEM version you are paying for the license and not the media.

Edit: They come in MS packaging. They are basically the OEM version of a License that you linked to.
 

mikeford

Diamond Member
Jan 27, 2001
5,671
160
106
DELL doesn't even need to supply the COA or a key, the Dell XP Pro install CD will generate a valid key as long as it detects a Dell Motherboard/etc. and also doesn't require authorization (course this may only be for "business" systems from Dell).
 

GonzoDaGr8

Platinum Member
Apr 29, 2001
2,183
1
0
DELL doesn't even need to supply the COA
Umm...Yes they do.
Do you think that Dell gets a CD for every computer? No. They copy and produce their own CDs and provide the customer with a COA (the pretty sticker with the key) indicating that it is a legal copy.
Note the bold type.
 

mikeford

Diamond Member
Jan 27, 2001
5,671
160
106
No they don't, at least some of the Dell install CDs create a key when used on a Dell computer.
 

xSauronx

Lifer
Jul 14, 2000
19,582
4
81
licensing issues:
one more reason i wish i could get enough gaming support on linux to not need ms
 

fredtam

Diamond Member
Jun 6, 2003
5,694
2
76
Originally posted by: mikeford
No they don't, at least some of the Dell install CDs create a key when used on a Dell computer.

Dell install CDs do not create keys. There is extra info stored in the bios that if present and used with a dell reinstall cd allows the bypassing of key entry and activation.
 

KhanAlf

Member
Dec 12, 2002
98
1
71
Hmm ok, so to answer the original question...well what is the short answer? I would love to know as well
 

fredtam

Diamond Member
Jun 6, 2003
5,694
2
76
Originally posted by: KhanAlf
Hmm ok, so to answer the original question...well what is the short answer? I would love to know as well

Short answer:

If the seller has a good record, it is unregistered/unactivated, factory sealed, and has a Certificate Of Authenticity it is ok/legal to purchase it on Ebay.

However I'm not sure I would buy it for old p3 750.
 

sciencewhiz

Diamond Member
Jun 30, 2000
5,885
8
81
Originally posted by: fredtam
tcsenter you linked to the consumer side of microsoft. You will notice that you can't buy an OEM version there either.

You need a qualifying hardware purchase for an OEM version. Now, IANAL, so I don't know if it is the seller or the buyer that is at at fault.

So basically, it is illegal, but you may not be at risk, legally. However, morally, I wouldn't do it.
 

tcsenter

Lifer
Sep 7, 2001
18,802
472
126
Originally posted by: fredtam
tcsenter you linked to the consumer side of microsoft. You will notice that you can't buy an OEM version there either. You can buy XP Home Full or Upgrade. Does this mean that oem products are not legal? No. They are simply for a different market segment ie. system builders. Do you think that Dell gets a CD for every computer? No. They copy and produce their own CDs and provide the customer with a COA (the pretty sticker with the key) indicating that it is a legal copy. COAs are simply additional licenses sold without the media. They must be purchased with hardware and you must have an OEM cd. They are completely legal. I use them. The fact is when you buy the OEM version you are paying for the license and not the media.
You're missing the point. The question asked here pertains to burning a copy of XP and then distributing it to another person. This is not permitted by the EULA nor the OEM System Builder Agreement. Buying 1000 COAs does not give you this permission. Even in the hypothetical event that an OEM COA is an additional license, and it is not, it would not cover an unauthorized copy of XP.

There are ways to go about getting replication (copy) rights. One is to ask Microsoft for permission. There are also certain replication rights given to participants in Microsoft's Volume licensing programs (Select and Academic).

As for your irrelevant rambling about Dell, you are not Dell.

Dell and other large OEMs have a special contractual agreement directly with Microsoft that permits them to distribute Microsoft operating systems on a royalty basis (OEM Royalty Program). Dell doesn't 'copy its own CDs', Royalty OEMs source customized Microsoft product directly from Authorized Microsoft Replicators such as IPC Communication Services.

The reason I linked to the 'consumer' side of Microsoft is, it is not possible to purchase only a 'license' to install and use an OEM operating system except through certain Microsoft Volume Licensing programs. As a system builder or end-user, there is no 'license only' for OEM software - period.

Unless a COA is distributed with a genuine Microsoft OEM 'Edge-to-Edge' Hologram CD (or the respective product it is 'authenticating'), it is worthless. It certifies the authenticity of nothing and serves as a license for nothing. The fact that 'you do it' has no bearing on whether it is legitimate or legal.

The Q & A I quoted was not from the 'consumer side' of Microsoft, it comes from Microsoft's OEM System Builder Licensing website. In case you failed to understand it the first time, here's another:
Q: WHAT IS A CERTIFICATE OF AUTHENTICITY (COA)?

The Certificate of Authenticity assists you and your customers to determine whether the Microsoft software and components are genuine. The COA is included with each CD Pack or wallet and authenticates only the software components with which it is legally distributed.

PLEASE NOTE:

The COA is not the license. The end user is responsible for keeping track of the software and applicable materials distributed with each computer system (for all software programs). The COA, Product Key in the center of the COA, and the original software are essential elements for establishing your lawful possession of the software media and to enable proper installation.
Still have trouble understanding it? Okay:
>-----Original Message-----

>I am confused. I see offered products like Win XP home
>edition, License only (no media) from some suppliers.
>How can this be legal if the license requirement is to
>provide the edge-to-edge hologramed media disk with the
>OEM software when a complete system is delivered to the
>customer?

Hello,

Thank you for your posting. Offers to distribute incomplete OEM System Builder software packages are not legal. Under no circumstances are system builders or any other vendors authorized to distribute single OEM System Builder software components.

Microsoft only authorizes its software to be distributed as a complete package, which includes the original System Builder hologram program media, the End User License Agreement, the COA (adhered to the PC chassis for Windows desktop operating systems), and the user manual (if applicable). Please note that the Certificate of Authenticity included with each OEM System Builder software package authenticates only the software components with which it is legally distributed. As mentioned, any offer to distribute an incomplete Microsoft software package (i.e. COA only) is not authorized, and any individual who was to obtain incomplete Microsoft software components would not be authorized to use the associated software or redistribute the components.

<snipped>

Thank you,

The Microsoft OEM System Builder Licensing Team
Need any more help, just let me know.
 

fredtam

Diamond Member
Jun 6, 2003
5,694
2
76
Originally posted by: sciencewhiz
Originally posted by: fredtam
tcsenter you linked to the consumer side of microsoft. You will notice that you can't buy an OEM version there either.

You need a qualifying hardware purchase for an OEM version. Now, IANAL, so I don't know if it is the seller or the buyer that is at at fault.

So basically, it is illegal, but you may not be at risk, legally. However, morally, I wouldn't do it.


Most sllers on Ebay are actually resellers/ stores. They will include a free item to satisfy the MS hardware purchase. This is also done by most resellers ie. Newegg.

Quote from Ebat auction:

What you will receive:
- Certificate of Authenticity (the sticker with your UNIQUE product key.
- Authentic Windows XP Home Edition CD
- Microsoft owner's manual.
- A non-peripheral hardware component. To comply with Microsoft and Ebay policy, a piece of computer hardware will be included with the software. This hardware can be motherboard, hard drive, video card, memory card, sound card, CPU, IDE cable, fan etc. The sales terms of this randomly selected untested hardware is "as - is" and is not returnable. There is no warranty, either expressed or implied, on the hardware piece included and, as such, is non returnable and non refundable.
 

tcsenter

Lifer
Sep 7, 2001
18,802
472
126
Originally posted by: KhanAlf
Hmm ok, so to answer the original question...well what is the short answer? I would love to know as well
The original question was the cheapest way to get a legit copy of XP.

The cheapest legit copy of XP is OEM. To be legitimate, it must include the entire software package including any accompanying sub-components. i.e. the hologram CD, the COA sticker, manual or user guide (if applicable), registration card (if applicable), etc. Buying a COA sticker by itself is no more of a license than if I scribbled "License" on a cocktail napkin and charged 50 bucks for it.

If it is an OEM branded CD, such as DELL, it may or may not be BIOS-locked. Better to get one that is not a branded version to avoid any potential headaches. Its also better to avoid OEM branded CDs since they legally cannot be separated from the computer system they were distributed with. The OEM software license is "married" permanently to the original computer system.
 

mikeford

Diamond Member
Jan 27, 2001
5,671
160
106
As I have said before, Microsoft likes to assume its word is law, and it in MANY cases is not. Plenty of people seem very happy to line up and kiss Bill Gates fuzzy behind anytime he asks you to, but I am not one of them.

I only use MS products when I have no other practical option, ditto on giving money to MS. I won't steal from MS, but I have no problem with taking advantage of any loopholes I can find.

After all I PAID for all the ideas in Windows when I bought my first mac back in 1985, all that MS added were bugs and security holes.
 

fredtam

Diamond Member
Jun 6, 2003
5,694
2
76
Originally posted by: tcsenter
Originally posted by: fredtam
tcsenter you linked to the consumer side of microsoft. You will notice that you can't buy an OEM version there either. You can buy XP Home Full or Upgrade. Does this mean that oem products are not legal? No. They are simply for a different market segment ie. system builders. Do you think that Dell gets a CD for every computer? No. They copy and produce their own CDs and provide the customer with a COA (the pretty sticker with the key) indicating that it is a legal copy. COAs are simply additional licenses sold without the media. They must be purchased with hardware and you must have an OEM cd. They are completely legal. I use them. The fact is when you buy the OEM version you are paying for the license and not the media.
You're missing the point. The question asked here pertains to burning a copy of XP and then distributing it to another person. This is not permitted by the EULA nor the OEM System Builder Agreement. Buying 1000 COAs does not give you this permission. Even in the hypothetical event that an OEM COA is an additional license, and it is not, it would not cover an unauthorized copy of XP.

There are ways to go about getting replication (copy) rights. One is to ask Microsoft for permission. There are also certain replication rights given to participants in Microsoft's Volume licensing programs (Select and Academic).

As for your irrelevant rambling about Dell, you are not Dell.

Dell and other large OEMs have a special contractual agreement directly with Microsoft that permits them to distribute Microsoft operating systems on a royalty basis (OEM Royalty Program). Dell doesn't 'copy its own CDs', Royalty OEMs source customized Microsoft product directly from Authorized Microsoft Replicators such as IPC Communication Services.

The reason I linked to the 'consumer' side of Microsoft is, it is not possible to purchase only a 'license' to install and use an OEM operating system except through certain Microsoft Volume Licensing programs. As a system builder or end-user, there is no 'license only' for OEM software - period.

Unless a COA is distributed with a genuine Microsoft OEM 'Edge-to-Edge' Hologram CD (or the respective product it is 'authenticating'), it is worthless. It certifies the authenticity of nothing and serves as a license for nothing. The fact that 'you do it' has no bearing on whether it is legitimate or legal.

The Q & A I quoted was not from the 'consumer side' of Microsoft, it comes from Microsoft's OEM System Builder Licensing website. In case you failed to understand it the first time, here's another:
Q: WHAT IS A CERTIFICATE OF AUTHENTICITY (COA)?

The Certificate of Authenticity assists you and your customers to determine whether the Microsoft software and components are genuine. The COA is included with each CD Pack or wallet and authenticates only the software components with which it is legally distributed.

PLEASE NOTE:

The COA is not the license. The end user is responsible for keeping track of the software and applicable materials distributed with each computer system (for all software programs). The COA, Product Key in the center of the COA, and the original software are essential elements for establishing your lawful possession of the software media and to enable proper installation.
Still have trouble understanding it? Okay:
>-----Original Message-----

>I am confused. I see offered products like Win XP home
>edition, License only (no media) from some suppliers.
>How can this be legal if the license requirement is to
>provide the edge-to-edge hologramed media disk with the
>OEM software when a complete system is delivered to the
>customer?

Hello,

Thank you for your posting. Offers to distribute incomplete OEM System Builder software packages are not legal. Under no circumstances are system builders or any other vendors authorized to distribute single OEM System Builder software components.

Microsoft only authorizes its software to be distributed as a complete package, which includes the original System Builder hologram program media, the End User License Agreement, the COA (adhered to the PC chassis for Windows desktop operating systems), and the user manual (if applicable). Please note that the Certificate of Authenticity included with each OEM System Builder software package authenticates only the software components with which it is legally distributed. As mentioned, any offer to distribute an incomplete Microsoft software package (i.e. COA only) is not authorized, and any individual who was to obtain incomplete Microsoft software components would not be authorized to use the associated software or redistribute the components.

<snipped>

Thank you,

The Microsoft OEM System Builder Licensing Team
Need any more help, just let me know.


I have never spoken to a microsoft employee who knows what they are talking about.
I stated that an OEM cd was necassary.I did not say that it was ok to rip a copy. I have never had a problem with a coa/additional license. Ask them what you get when you purchase an additional license. Ask them if you are a system builder where you would buy an additional license. Is MS the only place to buy an additional license? I have asked all these questions as a system builder and structured my post accordingly. Maybe you should report me to the MS anti-piracy team and we'll figure this whole thing out.

Edit: Also when you buy a COA/Additional License you recieve a license agreement and manual. The only thing missing is the CD.
 
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