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Licensing question: XP OEM to VS guest

Source: microsoft.public.virtualserver
Sent: 05/05/2008
From: "Dave Harry" <(email address - cut out)group>
Message:

I already understand that OEM means the licence stays with the hardware.
Sell the PC, the OS goes with it, etc.

But what about in virtualisation? OEM EULAs don't touch on that.

If I have a XP OEM box running that I'd simply like to virtualise to reduce
running computers, may I do that?
I'm happy to wipe or otherwise destroy the original device as necessary.

--
Dave Harry

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Related Messages

Re: Licensing question: XP OEM to VS guest

Sent: 05/05/2008
From: Paul Adare <(email address - cut out)>
Message:

On Mon, 5 May 2008 15:24:01 +1000, Dave Harry wrote:

No, in terms of a EULA it is not. The virtual hardware is not the same as
the physical hardware.

Not exactly, no.

You don't own the software, you own the right to use the software in
accordance with the EULA. Just because you don't feel that the EULA is fair
when applied to your specific solution doesn't mean that you don't have to
abide by it.
Setting aside the EULA, depending on the hardware vendor, the OS in
question maybe BIOS-locked to the original OEM's BIOS so you may not be
able to install in a virtual machine at all, or, if you can install it, you
may not be able to activate it.

--
Paul Adare
http://www.identit.ca
Every program in development at MIT expands until it can read mail.

Show quoted text

> "Bill Grant" <not.available@online> wrote in message
> news:(email address - cut out)...
>
>> The "hardware" in a vm will not be the same as the "hardware" of the
>> original install so the anwer will be no, you cannot install the OEM
>> version in a vm, even if that vm is running on the hardware you bought
>> with the OEM licence.
>
> In that situation, of course the hardware is the same.
> "Hardware" is the physical machinery and despite how it *appears* to the
> guest OS, it's still the same physical computer.
> If I have paid for software then I have a right to use at least one instance
> of it on the computer I purchased it with.
>
>
> But in my situation I want to virtualise another machine so I can turn it
> off.
> It seems a bit of a wasted effort if I have to buy another license just to
> do that.

Re: Licensing question: XP OEM to VS guest

Sent: 05/05/2008
From: "Bill Grant" <not.available@online>
Message:

If the EULA doesn't specically mention virtual machines then you can
assume that they are included in the definition of "computer" in the EULA.

The "hardware" in a vm will not be the same as the "hardware" of the
original install so the anwer will be no, you cannot install the OEM version
in a vm, even if that vm is running on the hardware you bought with the OEM
licence.

"Dave Harry" <(email address - cut out)group> wrote in
message news:u$pz$(email address - cut out)...

Show quoted text

>I already understand that OEM means the licence stays with the hardware.
>Sell the PC, the OS goes with it, etc.
>
> But what about in virtualisation? OEM EULAs don't touch on that.
>
> If I have a XP OEM box running that I'd simply like to virtualise to
> reduce running computers, may I do that?
> I'm happy to wipe or otherwise destroy the original device as necessary.
>
> --
> Dave Harry

Re: Licensing question: XP OEM to VS guest

Sent: 05/05/2008
From: "Dave Harry" <(email address - cut out)group>
Message:

"Bill Grant" <not.available@online> wrote in message
news:(email address - cut out)...

In that situation, of course the hardware is the same.
"Hardware" is the physical machinery and despite how it *appears* to the
guest OS, it's still the same physical computer.
If I have paid for software then I have a right to use at least one instance
of it on the computer I purchased it with.

But in my situation I want to virtualise another machine so I can turn it
off.
It seems a bit of a wasted effort if I have to buy another license just to
do that.

--
Dave Harry

Show quoted text

> The "hardware" in a vm will not be the same as the "hardware" of the
> original install so the anwer will be no, you cannot install the OEM
> version in a vm, even if that vm is running on the hardware you bought
> with the OEM licence.

Re: Licensing question: XP OEM to VS guest

Sent: 05/07/2008
From: "Dave Harry" <(email address - cut out)group>
Message:

"Paul Adare" <(email address - cut out)> wrote in message
news:no53ihoqvcli.g3q1eletjhyq$(email address - cut out)...

I disagree. The hardware is unchanged. The *HARD* ware is physical.
You are considering virtual hardware as if it is real hardware and it is
not.
Sure it LOOKS different t the OS but that is irrelevant to the license. The
computer is the same computer.

---Quote from EULA----
The term "COMPUTER" as used herein shall mean the HARDWARE, if
the HARDWARE is a single computer system, or shall mean the
computer system with which the HARDWARE operates, if the
HARDWARE is a computer system component.

1. GRANT OF LICENSE. Manufacturer grants you the following
rights, provided you comply with all of the terms and
conditions of this EULA:

* Installation and Use. Except as otherwise expressly
provided in this EULA, you may install, use, access,
display and run only one (1) copy of the SOFTWARE on
the COMPUTER.
----

I'd like to see you find a court that would rule that I could not install
one instance on the same hardware I purchased the software with.
Granted, there may be problems with product activation based on the
*apparent* differences.

No arguments there.
I was making the point that this effort would not be worth the cost.
Unfortunaltely, this was what I actually wanted to do.

--
Dave Harry

Show quoted text

> On Mon, 5 May 2008 15:24:01 +1000, Dave Harry wrote:
>
>> "Bill Grant" <not.available@online> wrote in message
>> news:(email address - cut out)...
>>
>>> The "hardware" in a vm will not be the same as the "hardware" of the
>>> original install so the anwer will be no, you cannot install the OEM
>>> version in a vm, even if that vm is running on the hardware you bought
>>> with the OEM licence.
>>
>> In that situation, of course the hardware is the same.
>> "Hardware" is the physical machinery and despite how it *appears* to the
>> guest OS, it's still the same physical computer.
>
> No, in terms of a EULA it is not. The virtual hardware is not the same as
> the physical hardware.
>> If I have paid for software then I have a right to use at least one
>> instance
>> of it on the computer I purchased it with.
>
> Not exactly, no.
>
>>
>>
>> But in my situation I want to virtualise another machine so I can turn it
>> off.
>> It seems a bit of a wasted effort if I have to buy another license just
>> to
>> do that.
>
> You don't own the software, you own the right to use the software in
> accordance with the EULA. Just because you don't feel that the EULA is
> fair
> when applied to your specific solution doesn't mean that you don't have to
> abide by it.
> Setting aside the EULA, depending on the hardware vendor, the OS in
> question maybe BIOS-locked to the original OEM's BIOS so you may not be
> able to install in a virtual machine at all, or, if you can install it,
> you
> may not be able to activate it.

Post Reply | This is Spam! | Mark as Spam

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