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move oem license to virtual machine

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  • User profile image
    max.zander

    I want to replace a pc running running an old version of Windows in Germany. The pc will be replaced next time. I want wo buy a new one, running Vista.  Can I use the old OEM Windows license on a virtual machine (running on the new pc to run not by vista supported apps) ?

    First answer I found was:
    "Q. Can I move an original equipment manufacturer (OEM) license for Microsoft Windows Server to a virtual machine into another virtual machine? How is the situation handled?
    A. You may not transfer OEM server licenses from the original machine to a different machine. Any Microsoft Windows Server license that is preinstalled on a new computer from an OEM or that you acquire through any Microsoft Volume Licensing program is tied to the computer on which the licensed software is first installed. This applies to the initial copy that is installed on the computer and to any subsequent copies that are licensed to run with virtual machine software.

    However, if you have enrolled this license in the Microsoft Volume License agreement and purchased Software Assurance for this preinstalled license within 90 days of the original purchase, you receive the benefits, including license reassignment, associated with the Volume License program. You can then move that license from one computer to another, including to a virtual machine."

    on Microsofts Virtual Machine Technology FAQ.

    I do not understand the second part of the answer,
    and I do not think that the answer repsect german law.

    p.s.: I red that I have to paste the COA on the machine running Windows, where to put the COA on a virtual machine Wink ?

  • User profile image
    blowdart

    Basically no. OEM licenses are licensed to the machine they were supplied with.

  • User profile image
    max.zander

    blowdart wrote:
    OEM licenses are licensed to the machine they were supplied with.


    maybe in the us, but not in Germany

  • User profile image
    blowdart

    max.zander wrote:
    
    blowdart wrote:
    OEM licenses are licensed to the machine they were supplied with.


    maybe in the us, but not in Germany


    What makes you think the German OEM license is different to the UK one?

  • User profile image
    AndyC

    If you are a Volume licensing customer and you purchase Software Assurance on those licenses then you gain additional rights which allow you to move the OS license to another system. If you don't have SA, then you can't.

    Being in Germany doesn't change that.

  • User profile image
    max.zander

    blowdart wrote:
    What makes you think the German OEM license is different to the UK one?


    e.g. in Germany you can legal sell OEM without hardware and you can sell used software licenses
    I think this is not legal in US, UK I have no idea.

  • User profile image
    blowdart

    max.zander wrote:
    
    blowdart wrote:
    What makes you think the German OEM license is different to the UK one?


    e.g. in Germany you can legal sell OEM without hardware and you can sell used software licenses
    I think this is not legal in US, UK I have no idea.


    The UK should really have the same rules, EU harmonisation et al.

    You could ring the local MS licensing line, they'd tell you for certain.

  • User profile image
    GoddersUK

    max.zander wrote:
    e.g. in Germany you can legal sell OEM without hardware and you can sell used software licenses
    I think this is not legal in US, UK I have no idea.


    You can buy OEM coppies in the UK but I think they normaly send an IDE cable (or something) too to make it legal.

  • User profile image
    max.zander

    blowdart wrote:
    
    You could ring the local MS licensing line, they'd tell you for certain.


    In the EULA or if I ask MS directly the answer will be: you have to buy I new license (becuase MS is a bussiness company, thier taget is to get money, thier target is not to help me).

    My hope is that a court would give the law more priority than the EULA or the opinion  of MS.

    That is the reason I am asking here.

  • User profile image
    PaoloM

    It's very easy (if you use common sense Smiley):

    A Windows retail box+licence costs $X.

    A Windows OEM license costs $X-$Y.

    Why is that? Why can you pay less for the same bits? Because you agreed to be subject to certain limitations in exchange for paying less. One of these limitations is that the Windows license is tied to the machine you bought it with. If you rescind this agreement, you are in violation of the EULA.

    At that point, it's your country's set of laws that deal with EULA violations.

    I mean, it's really not rocket science, at this level.

    Now, if you want to start discussing what "a machine" is... well, that's a lot more trickier Smiley

  • User profile image
    PaoloM

    max.zander wrote:
    
    blowdart wrote:
    
    You could ring the local MS licensing line, they'd tell you for certain.


    In the EULA or if I ask MS directly the answer will be: you have to buy I new license (becuase MS is a bussiness company, thier taget is to get money, thier target is not to help me).

    Well, that's your answer.

    max.zander wrote:
    My hope is that a court would give the law more priority than the EULA or the opinion  of MS.

    That is the reason I am asking here.

    You should ask a court or a lawyer, not a bunch or geeks about this.
     
    And again, you agreed to the EULA. You are bound by contract law. That's not a point in discussion, the only thing is if there is a difference in how contract laws are implemented in different countries.

  • User profile image
    max.zander

    PaoloM wrote:
    

    max.zander wrote:
    My hope is that a court would give the law more priority than the EULA or the opinion  of MS.

    That is the reason I am asking here.

    You should ask a court or a lawyer, not a bunch or geeks about this.

    My hope was, to find a "geek" knowing how to set up a cost efficeient windows pc in germany, I underestimate the complecity.
     
    PaoloM wrote:
    
    And again, you agreed to the EULA. You are bound by contract law. That's not a point in discussion, the only thing is if there is a difference in how contract laws are implemented in different countries.


    only the parts of EULA agree with the local law. Microsoft from US, so thier EULA maybe conform to USs law, not to german law

  • User profile image
    GoddersUK

    max.zander wrote:
    
     
    only the parts of EULA agree with the local law. Microsoft from US, so thier EULA maybe conform to USs law, not to german law


    I'm sure the EULA on the German locale version agrees with German law. If you were using a US version on the other hand...

  • User profile image
    max.zander
  • User profile image
    max.zander

    I found on
    http://download.microsoft.com/download/2/0/3/203c0eed-2b16-4b2c-b93c-e3359ec445e4/Anti_Piracy_2_pager.pdf">http://download.microsoft.com/download/2/0/3/203c0eed-2b16-4b2c-b93c-e3359ec445e4/Anti_Piracy_2_pager.pdf">http://download.microsoft.com/download/2/0/3/203c0eed-2b16-4b2c-b93c-e3359ec445e4/Anti_Piracy_2_pager.pdf


    Darf Windows als OEM- und System-Builder-
    Lizenz von einem PC auf einen anderen über-
    tragen werden?
    Nach den Microsoft-Lizenzbestimmungen ist es nicht erlaubt,
    Microsoft Windows 2000 Professional (und ältere Betriebssystem-
    Versionen) der Lizenzformen OEM und System-Builder von alter
    Hardware auf neue Hardware zu übertragen. Die Unbundling-
    Restriktion wurde für deutschsprachige Betriebssysteme erst mit
    den Versionen von Microsoft Windows XP abgeschafft.


    in english:

    "Can a OEM or a SB license be transfered from one PC to another ?
    Microsofts license terms do not permit Microsoft Windows 2000 Professional (and older versions) of OEM and SB licenses to transfer from old to new hardware. The "Not Bundling" (strange word?!) restriction of german language OS is disestablished not until Microsoft Windows XP."

    sounds like the transfer from old PC to VM is legal at least for german WinXP and Vista ?!

  • User profile image
    cheong

    The 17th statement of WinXP EULA states that if parts of the EULA is found illegal under law of your country, that part doesn't apply but the rest of EULA is still effective. (So one illegal restriction imposed by EULA won't render the EULA ineffective by contract law.)

    If German law does not allow bundling requirement, that part of EULA have no effect in Germany.

    But according to the second last paragraph of EULA, if you buy the software from U.S. (like ordering a DELL machine oversea with OEM version installed), you have to follow EULA of U.S. (because the purchase is made oversea, the law governing purchase at that country applies) and cannot use Germany law to circumvent it?

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  • User profile image
    max.zander

    cheong wrote:
    
    But according to the second last paragraph of EULA, if you buy the software from U.S. (like ordering a DELL machine oversea with OEM version installed), you have to follow EULA of U.S. (because the purchase is made oversea, the law governing purchase at that country applies) and cannot use Germany law to circumvent it?


    I will call dell

  • User profile image
    RichardRudek

    There are differing "types" of OEM. There are manufacturer-specific versions, like the ones shipped by Dell, IBM, etc. These ones will NOT work on anything other than the original brand of PC. It has something to do with the OEM BIOS thing included with the Windows distribution. So if you were to Disk Image this across to a virtual machine, I would fully expect it to complain about it not being on the specific brand of system it was licensed for, and stop working.

    But there is a "generic" OEM version, which is not as cheap as the OEM-specific, and these will probably work on a VM. But then you run into the license/legal stuff...


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