Ethics and Windows License Stickers [duplicate]

Possible Duplicate:
Can you help me with my software licensing question?

I've come by some older laptops and want to re-install windows on them. (See my related question on an easy way to do so.) I want to do things in a legal and ethical manner. My thought was that if a computer has a Windows XP Pro COA sticker on it, then I'm allowed to (re-)install Windows XP Pro on it. [And, it seemed to me, it should be reasonable to download a disc with the OS and all the latest updates on it for that purpose, so I don't endlessly reboot or get hacked while installing the OS. This statement, I think, made people think I was interested in piracy, and I'm not.]

Anyways, it appears that there are some subtleties here, and I wanted to know what is legal, what is ethical (if it differs), and if the technology gets in the way of allowing me to do what is legal and/or ethical.

This is my current understanding:

Any computer that has a Microsoft Certificate of Authenticity sticker for a particular version of Windows is licensed to run said version of Windows, and it may be re-installed on the computer.

This is where things get a little hazy for me:

Windows installation media come in (at least) three types:

  • Retail CDs, either stand-alone or upgrade disks
  • OEM CDs, which were shipped to you by the computer manufacturer in bygone times (but nowadays you are more likely to have a restore partition)
  • Volume Licensor CDs (where a large organization uses the same serial code for every machine they install Windows on)

Is it the case that you need an OEM CD to re-install Windows on a machine? Is it ethical, but not strictly legal, to use a retail CD, and use the code on the sticker on the machine (and will the anti-piracy measures in Windows, including Windows Genuine Advantage, reject it)? Can you use an OEM CD for a different computer, provided it is the same edition of Windows? Can I re-install Windows (without paying for another license) on a machine that has a restore partition without using the restore partition? Does one have any recourse if they are licensed to use the software but do not have an installation disc? Is downloading the disc any different than borrowing one [not that I'm confident that I could find a reputable place to download from]?

Is the only real difference between an OEM CD, a Retail CD, and a Volume Licensor CD the license code it will accept?

Let me re-iterate that I have no interest in piracy; I want to do what is honourable. As I need to run Windows software, and I believe the machines are licensed for it, it seems silly to, say, install Linux and run things under WINE. The problem lies in the fact that I don't have the OEM CDs for these computers.


According to the licence document referenced by @fortheworld, if you don't have and can't obtain the original recovery solution, you have to buy a new license. That's the legal basis, and if you want to operate strictly by the rules (for instance, if you are a business and need to cover your ass really well), then you should find a way to obtain original install media, or buy another copy of windows.

On an ethical basis, I fail to see how MS deserves to get paid twice for an OEM copy of XP just because the original recovery solution is missing (or trashed by an idiot computer repair guy or failing HD). From an ETHICS standpoint, if you've got the case sticker, and it's the original PC, then there's no ethical problem with obtaining a plain-jane windows OEM CD and using the product key you have. Other posters have addressed the logistics of this pretty well.

I can't imagine a situation where you could be successfully prosecuted for having the version of Windows that matches your product key sticker installed on your PC, even if the re-install happened via 'interesting' means.


In my travels, i found this:

http://download.microsoft.com/download/9/A/9/9A90E11E-43A3-4E7E-A919-961AF15820CA/Refurbished%20PC%20License%20Guide.pdf

According to this, any PC that isn't brand new that you are performing a reinstall on is classed as a refurbished PC.

From the file:

A new Windows license is not required for a refurbished PC that has:

(1) The original Certificate of Authenticity (COA) for a Windows operating system affixed to the PC, and

(2) The original recovery media or hard-disk based recovery image associated with the PC.

The operating system identified on the original COA indicates the edition of Windows that was originally licensed for that PC and the refurbisher can use either:

(1) The original recovery media or

(2) The original hard-disk based recovery image to re-install the operating system software specified on the COA.

That's the official Microsoft definition in an easier to digest format than the EULA.