Man sentenced to 15 months prison for trying to help people extend the lifespan of old computers

Discussion in 'Computers & Tech' started by kazenatsu, May 2, 2018.

  1. Mushroom

    Mushroom Well-Known Member

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    And the article is biased and highly inaccurate.
     
  2. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    That is possible.
     
  3. Mushroom

    Mushroom Well-Known Member

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    It is not "possible", it is a fact.

    Give me any proof that Microsoft did not sell Windows during that, or any time period that the program existed.
     
  4. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    I did find this lengthy and complicated explanation:

    I just bought a computer from a state surplus auction. The computer came with Windows XP Home installed, and a COA attached to the case. However, there was no recovery media included with the sale. Is it legal for me to sell the computer as is? Everything I've read says that I need to include the recovery disk in order for the license to legally transfer, but I'm under the impression that the reason is so that I no longer have any copy of the software. Is this correct?


    First of all Microsoft is prohibiting OEMS from selling recovery windows XP recovery discs.
    Hard drive failure is inevitable.
    "If the original recovery media is not present, an end user can contact the original equipment manufacturer (OEM) of the PC to obtain the appropriate recovery media for a fee -- subject to availability. "

    This
    http://oem.microsoft.com/public/oem/refurb/mar_refurblicensingguide.pdf
    is hogwash and a completely disingenuous ruse.

    Secondly....
    In the refurbisher licensing guide it says...
    "A new Windows license is required for a refurbished PC if:
    (1) The refurbisher cannot obtain the original recovery media or
    (2) The PC does not have a hard-disk based recovery image.
    The refurbisher must purchase a new Windows license in order to provide the purchaser of the refurbished PC with a genuine, licensed
    version of Windows on the PC."
    That is direct conflict with the EULA that says they are an integrated product.
    That makes it a true sale
    But wait.... The EULA says it's a contract with Microsoft.... but Microsoft tells the OEM they are the Licensor
    "b. End User License Terms. You must distribute the Software pursuant to the end user license terms (“License Terms”) that
    accompany it. Under the License Terms, you are the licensor"

    Thirdly, why is it Microsoft provides instructions on how to retain the OEM pre-activation during a clean install. If you are only allowed the recovery CD or recovery partition how is that legit?
    They even tell you how to use it with sysprep.
    Nowhere is the EULA does it say original media is the only method of install and using another method invalidates the license.... whoever the license is with...
    It's easy to see that this is an attempt to baffle them with BS.

    What if I do a DOS environment install from the OEM recovery cd using WINNT32 /makelocalsource and then clone the HDD?
    I'm not a making an image of the recovery media or the post recovery state.
    Again it did not say this in the EULA when older PC's where purchased.
    "No. Only the original recovery media for a PC or the original
    hard-disk based recovery image for a PC can be used to reinstall the
    Windows product. Making unauthorized copies of recovery media
    could be considered counterfeiting the software."
    Contrary to popular belief you can't novate a contract without a valuable consideration and have it be enforceable.
    Not to mention that clause would be a complete violation of the fair use doctrine regarding back up copies.
    Selling OEM computers without the recovery disk - Microsoft Community
     
  5. Mushroom

    Mushroom Well-Known Member

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    Which is nonsense.

    From the very reference:

    Just recently I bought a used computer from a company in the area. And I picked the one out of 3 that still had the COA. One had a COA for Windows 8 (even though it had 10 installed), and the other had no COA at all (even though it also had Windows 10 installed). I bought the only one that had a COA that matched the OS installed.

    The problem is, you are trying to cherry pick sources that match your beliefs, and not the reality. I have been in the computer industry for over 40 years, and have installed thousands of versions of Windows, all the way back to 1.02R. The media is provided at purchase, if it is not available after that, that is not the responsibility of Microsoft. In the same way, when you buy a new car it is a legal mandate that it include an "owner's manual". However, how many people sell a car with such? I think in all the cars I have bought, that was only there twice.

    Is this the fault of the original company, or the final seller and buyer? I know that for most computer stores, so long as the COA is in place, they will have no problem installing any OS. I did it all the damned time. Install a basic XP OEM for example on a Gateway OEM COA. I simply had to call Microsoft tech support, and they gave me the code to authorize it.

    Not have the disk, then scream at where you got it from. Because when it was shipped new, the disks were included (or a way to create them).

    Hell, when I was building new systems it finally got to the point that I would stick the disks for all components inside the case. Because no matter how often I told people when I built a new system for them, they would tell me they simply threw them away or lost them. And more times than I can count I would have somebody bring their system in for work, and they had scraped the COA right off of the case because they thought it was "ugly".

    At which point I simply shrugged, and told them if they wanted me to reload it, that would be another $100 for a new license since they had literally thrown away the old one.

    Good rule of thumb next time, use Occam's Razor to an explanation. If it is "lengthy and complicated", especially if you are cherry picking claims, then odds are it is wrong.

    And FYI, I got my first MS Certification in NT 4.0. And even turned in a previous employer for illegally bootlegging Windows onto computers. But with him it was even worse, as he would charge the user $100 for Windows 98, then throw on a bootleg license and give them nothing. I equated that to theft, and reported him myself to OS. He got scared when the lawyers sent him a letter, but three months later resumed doing it. I quit the next week.

    In my decades in the industry, I have seen that there are a hell of a lot of crooks in it.
     
    Last edited: Apr 28, 2022
  6. BleedingHeadKen

    BleedingHeadKen Well-Known Member Past Donor

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    That sounds like a win for prosecutors, and politicians who get big bucks for their campaigns.
     

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