View Full Version : Selling a PC with preinstalled software is it legal
mechanic2001
26th January 2003, 04:25 PM
Hi
I have got enough bits to make another PC but I dont have another operating system to put on it. I have a 98se disc and the certificate of authenticity but that is for my PC if I put this on the one I build what is the legal aspect when selling it I have been told you can sell stating the software installed is for evaluation only is this correct or is ther another way around this prob with out buying another operating system as this would make selling the PC to expencive for what it is.
Thanks for replys in advance
Bursar
26th January 2003, 05:27 PM
You cannot supply any software preinstalled on a PC if you are not also going to be supplying a license.
Even if you weren't selling this PC, I'm fairly sure it would be illegal for you to use the same OS on two (or more PCs). You need a license for each machine.
I say fairly sure, as MS changed their licensing for some bits of software so that you can legally have it installed on a desktop and a laptop at the same time, providing you don't use both at the same time. I don't think that applies to the OS though. I think it's just Office XP. I'm prepared to be corrected though :)
If you sell your license with the PC, then you won't have a license and will be using Windows illegally.
You could always sell it with a blank hard drive and let the buyer sort it out.
If it's a friend/family member buying it, then you could offer to do the install for them once they've bought the software.
NickBrownsFan
26th January 2003, 06:04 PM
Yep, as far as I know if you sell the PC with Windows on it you must delete all copys of the program on your computer and give them the license,disk and key. Probably would be better to grab a free version of linux and install that or as as above just a blank HDD.
CyberdynSystems
27th January 2003, 03:28 AM
If the sale is more important than you retaining a Windows Licnese,.. the sale or transfer of the license IS legal. Sell the PC with the Win98se,.. include the license and manual etc. Then Get yourself a new version of WinXP.
Oh,.. P.S.
If you only sell the hardware to your client,.. but you happen to be unsuccessfull in deleting existing software from the hard drive,.. you have not broken any laws. So long as it is expressly the hardware that is being sold. It is then up to the next party to deccide if they wish to use the software unlicensed. This would only apply in the case of used hardware though.
BigBen
27th January 2003, 09:28 AM
Does anyone actually pay any attention to this law? :D
Regards
Gunslinger
27th January 2003, 10:39 AM
Originally posted by BigBen
Does anyone actually pay any attention to this law? :D
Regards
At work we have to - the potential penalties are too high.
All redundant systems we dispose of either have their original licensing material and have the OS clean installed, or have their hard drives wiped and clean formatted. Bear in mind that if the copy of Windows/Office is an OEM copy that came with the machine ("For Sale only with a New xxxxx PC") it isn't transferrable to any other hardware. If you bought it separately you decide which machine it lives on... ;)
Although the situation is theoretically the same for home systems, I can't see any organi$ation trying to pursue you to recover the lost revenue (unless of course you are getting rid of several systems a month, but in that case it is probably a business... :rolleyes: )
:gunsling:
CyberdynSystems
27th January 2003, 05:30 PM
Big Ben,.. I don't. :D
But Mechanic asked what the laws were, so we do our best to answer,.. :)
Selling a PC with preinstalled Software is Legal assuming that you do not retain a copy for yourself.
The rest is up to the parties involved.
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