am i breaking the law?

zooner · Post by **zooner** » Mon Nov 18, 2002 12:49 am

This question is only in theory of course!

Let's say I own two pieces of software. Yes, I bought and paid for them... have the original discs in my hand and NEVER shared them with anyone.

Anyways... what if you used a 'found under a stone' disc let's say. If I install from that disc instead because I feel it runs better... am i breaking the law? I own the license to the same product... but it's a differant disc.

any thoughts?

(if I have crossed a line, delete this without forethought. I am curious what the truth is on this one.)

Noevo · Post by **Noevo** » Mon Nov 18, 2002 12:54 am

You would still only be using 1 copy of the software for which you would have a license for. As long as you aren't using multiple copies when you only have a single license you would be fine I believe

CiscoKid · Post by **CiscoKid** » Mon Nov 18, 2002 12:55 am

I don't think you would. Mainly because the license transfer with the user. If I were to give away my LEGAL FrontPage2000 CD to a freind, they then own the license.

Faust · Post by **Faust** » Mon Nov 18, 2002 12:58 am

i would agree with Noevo.

the only thing i would add is that there are many kinds of software end-user licences. some follow the user. some follow the machine. what you think is fair and what the EULA says is fair (by using said product) can be very different.

i would read the licnece agreement first.

zooner · Post by **zooner** » Mon Nov 18, 2002 1:04 am

see that's the thing...

I only have 1 computer and still have the disc's in hand.

since I'm the same user on the same machine... very interesting.

thanks!

TEH WIN · Post by **TEH WIN** » Mon Nov 18, 2002 1:14 am

yes it would be fine. why you ask?

my school has a license for 5 copies of windows 2000.

what cd's do we use? the pirated ones you find off kazaa, burned. hell we even use the pirated keys... but as long as we have proof that we have the license... then its fine

Faust · Post by **Faust** » Mon Nov 18, 2002 1:16 am

well, the only thing i notice in the argument is that there is something is different in the CD or whatever in question (runs better than the others).

here's an example...

i have a win95. retail full version that i paid for and own legally.

i come across a copy of win98se over the internet somehow.

could i legally upgrade to windows 98se legally?

nope.

loop2kil · Post by **loop2kil** » Mon Nov 18, 2002 3:14 am

I have and own a copy of windows xp pro but use the corporate version i 'found,' so i dont have to register and deal with the M$ crap they make u deal with. I dont feel that i am stealing since i own a legit license to the software.

zooner · Post by **zooner** » Mon Nov 18, 2002 3:41 am

Originally posted by loop2kil
I have and own a copy of windows xp pro but use the corporate version i 'found,' so i dont have to register and deal with the M$ crap they make u deal with. I dont feel that i am stealing since i own a legit license to the software.

exactly!

Post by **YeOldeStonecat** » Mon Nov 18, 2002 6:50 am

Originally posted by loop2kil
I have and own a copy of windows xp pro but use the corporate version i 'found,' so i dont have to register and deal with the M$ crap they make u deal with. I dont feel that i am stealing since i own a legit license to the software.

Technically licensing for "retail" and "OEM" products are different, the Microsoft Police would have an issue there.

Faust, that's two entirely different products you have there....of course the Win95 license you own wouldn't cover a Win98 upgrade or even full version.

Zooner, really depends on what software you're talking about, as to how wrong what you're going is. Take for example some of todays games....you have a key for it...go to play online...say someone else installed using the same key...you both can't play on the internet anymore...because two keys logging in on servers will be stopped, they'll think there's a pirated copy out there.

As Teh Win points out, same exact products that you're licensed for....on some software, such as Win2K, doesn't really matter what key you use, as long as you're licensed. But other products that you'll have to register, like some versions of Office 2K, or Office XP, or WinXP, you'll find that re-registering an already registered key can take a 5 minute phone call to MS to explain and get a new key.

As for registering MS products, I really don't see how it can be such a big deal for people....takes like a whopping 5 seconds to click "next", "yes", "register"...<thank you for registering>. Even if you have to call on a land line....really not a big deal.

"Gee, that was tough!"

Needlefreak · Post by **Needlefreak** » Mon Nov 18, 2002 10:46 am

So here's my own lil question..

If the network Admin at the company you work gives you one of the several dozen copies of XP Pro they have on hand is that pirating?

I dont DL any pirated games,apps,nothing..I dont even DL music anymore..If the software has been bought and paid for by that company and they decide to give you a copy, thats illegal?

monkeyhead · Post by **monkeyhead** » Mon Nov 18, 2002 11:45 am

heres my thougts.... you buy a license to use OS XYZabc....

your saying you want to use something else cause you feel it runs better but say it is the same.... if it is not exactly the same XYZabc OS, then it is illegal... now why you would want to use something else other than what you bought would mean, well they are not the same.....

ok so now my thoughts.....

youve purchased an OS XYZabc, but want to use OS XYZabd, they are both extremely similar, but are different in some small way.... the company probably wont care cause you have purchased a license... and chances of them coming after you are minimal, especially since you did purchase something from them....

although illegal, i think they would rather prosecute someone who does not own any licenses and is using it on multiple PC's, rather than you in your situation

Faust · Post by **Faust** » Mon Nov 18, 2002 4:42 pm

Faust, that's two entirely different products you have there....of course the Win95 license you own wouldn't cover a Win98 upgrade or even full version.

i know what you mean, YoSC. i intentionally used 2 very different products with the same name to illustrate the point. a person could say "i own a copy of/licance to windows", and just ignore the fact that they are two very different versions (95 and 98se) of the same product (windows).

anyways, whether very similar or very different, the products are (obviously) different. XP home and XP corporate? Photoshop 7 and Photoshop 5? two different products with two different licences.

Thorazine · Post by **Thorazine** » Mon Nov 18, 2002 11:54 pm

EULA stuff is always so confusing and it's meant to be. This guy makes an interesting point about how crazy it's getting at the end of his article.

http://www.pbs.org/cringely/pulpit/pulpit20021114.html

I only know of MS stuff so that's the only EULA I can comment on. Well the GNU too, but that's a tad easier to understand.

Technically your in violation of the EULA if it's a MS product. The original OS and any upgrades are the only OS that should be on that machine. I guess if you purchased a full new version, that would be ok to load. However, once you did, the license for that OS is bound to that hardware.

To be legit, you have to have purchased an OEM or Retail version of the software for a given box. The OEM and Retail versions are identical in terms of the fact that they are the only way to obtain a "full" version of the product. The "found" corp keys that everyone used before SP-1 were key given through the MOLP (Microsoft Open License Program). These licenses are upgrades to OEM or retail machines. This little tidbit of info is often times overlooked by many admins/IT staff.

Technically, you cannot transfer the OS from one machine to another. Lots of public schools are getting nickelled and dimed over this by MS. The admins are taking donations and loading MOLP licensed versions which is a no-no. A full OEM or retail version must be loaded. K-mart is getting kicked in the tail over this one too, trying to sell bluelight.com and MS is f'ing with them over the license transfer.

But the chances that MS or anyone for that matter coming after you is better than winning the lottery I'll bet. Unless of course your standing in front of MS's offices in Redmond yelling "I steal your software and use it on my home computer." And even then they'd probably only haul you outta there for trespassing.

Oh and Needlefreak, if the company bought new copies of the OS and gave them to you prior to installing them on machines. That's cool. But if the same OS is on an office system then that's a violation.

zooner · Post by **zooner** » Tue Nov 19, 2002 12:10 am

To be legit, you have to have purchased an OEM or Retail version of the software for a given box. The OEM and Retail versions are identical in terms of the fact that they are the only way to obtain a "full" version of the product. The "found" corp keys that everyone used before SP-1 were key given through the MOLP (Microsoft Open License Program). These licenses are upgrades to OEM or retail machines. This little tidbit of info is often times overlooked by many admins/IT staff.

that's exactly what I did. I purchased said software for this box. I was having a hardware problem and kept reinstalling the software. I've already called the company once to reactivate it and if I had continued on would have called them up to 4 more times within one week.

I thought it might be related to said software, so I used a questionable version of the same software for the same box... I only have one. I finally discovered my problem, and it was a hardware issue that's totally cleared up now. The only difference between real software and questionable is that it includes an update.

although illegal, i think they would rather prosecute someone who does not own any licenses and is using it on multiple PC's, rather than you in your situation

That's why I was curious if what I was doing is illegal at all. It would be 'questionable', but it is teh same version. It contains a freely downloadable update, but otherwise it's the exact same thing on the same rig.