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Is this legal?

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CondorMan

Technical User
Jan 23, 2005
211
GB
Hi everyone

I have two laptops, each running XP Pro SP2 and there's a manufacturer's recovery disc which will install their own version of the OS (different manufacturers). I decided to ditch one of these so I purchased and installed a standard XP Pro SP2 OEM disc because I wanted access to the Recovery Console and other tools that it contains. The laptop manufacturers refused point blank to let me have a disc which contains the Recovery Console etc.

I know that I can only install the OEM on one laptop, but what about using the OEM disc to install the Recovery Console, along with the tools, on the laptop which is still running the manufacturer's version of the OS? Does this contravene the licence agreement? My guess is that the licence relates only to the OS but I may be wrong. Needless to say, I didn't read the EULA in detail, so apologies if the answer to this question lies hidden somewhere in this small print!

 
I'm not sure what the lawyers would say, but I have always figured that the whole thing behind the copywrite stuff is that as long as you have paid for your license to run specific software on a specific CPU, then the license has been satisfied. So, you have now paid for 3 licenses for two computers, what's the problem?
 
I have also not read the full EULA (all 10,000 pages) so don't have a definitive answer. Having used MS for a long time, I am cognisant of what the legals have tried to prevent via the EULA. That is specifically the piracy of the OS kernel in this instance.

My stance, while not positive about full legality, is that like you I insure that I have the right to the OS via purchase or inclusion. That the tools to manage are more of 'package ware', while not free, are intended to be used to manage functions and are normally OS specific. i.e. recovery console is not an app that you could pirate and use for a MAC OSX box.

I would venture to say that the laptop mfg refusal to provide is for their reasons and not from a limitation of their license. I could be incorrect on this.

MS's whole deal on this is that they receive fair value for each installation and to curb piracy. I don't think they desire to limit the tech community form the tools to assist in maintenance & repair.

rvnguy
"I know everything..I just can't remember it all
 
Wow - it seems that it's not as straightforward as I had hoped! It seems that you both agree that it's OK to use the tools and recovery console on more than one PC simultaneously. It goes without saying that this is not acceptable wrt the OS.

@Vic - Yes, I have paid for three licences, but that's 2 discs without Recovery Console, tools etc., and one with.

@rvnguy - It's annoying that the laptop manufacturers have refused access to recovery tools and I've no idea why this should be. I've seen several posts where others have tried to twist the arm of manufacturers and the result has always been the same. Unfortunately, I don't know of a "mainstream" laptop manufacturer that will sell a laptop without an OS installed. If so, I'd get that and install my own. I know that I could build a desktop or have one built and I wouldn't be constrained in this way but this isn't feasible for a laptop.

Thanks for your comments.
 
I have and know individuals that "build' their laptops. Also have seen some available with & without the OS. Probably due to the beginning acceptance of LINUX or BSD.

ASUS makes 'barebones' laptops and there are several vendors for them: If you are ion the market in the future you copuld look into these. This is only one of many that handle the ASUS line



rvnguy
"I know everything..I just can't remember it all
 
There shouldn't be any problem with the Recovery Console as Microsoft offer it as a separate download to all and sundry.

"The password is not valid" error message appears when you log on to Recovery Console in Windows XP

How to obtain Windows XP Setup boot disks


The laptop drivers hopefully will be available on the manufacturer's site.

Wiping Out Special "Recovery" Partitions, Pt. 1
 
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