is it legal to install 2nd hand operating system

  rambus 16:02 31 Aug 03
Locked

am thinking of trying to buy a copy of windows 98se cd+license and product code.will try to buy on ebay.
the dillema is would it be legal to install and use such a system.its actually for a friend who is totaly cheesed of with windows millenium edition, but can not afford to upgrade to xp.

theres nothing illegal about it so long as the previous owner has uninstalled it. If you buy a genuine Disk with a genuine number in good faith then there is probably no cause foryou to be concerned. Windows Xp throws up a problem that you wont have to worry about as there is no on-line activation with 98 so it will work even if the seller has been a little naughty. this is not an incitement to do bad things but Microsoft are hardly going to come after a lone home user for a infringement of the rules of a legacy OS.

  bob1234 16:24 31 Aug 03

If you want legal advice, see a lawyer.

The advice above first says it is not illegal, then confirms that in fact it is illegal, but that Microsoft are not likely to chase it up !!!!

You cannot legally buy OEM or Counterfeit software and then use it.

bob if you read what i have written above you will see that i am saying it is perfectly legal provided the software is not installed on another machine, the problem here is that rambus is thinking of buying on e-bay, ie from a complete stranger and there is no way of knowing whether or not this person is still using the software. im not saying its illegal but it's a bit of a minefield, If we were talking about XP i woud advise people not to buy secondhand from someone they do not know and trust but with 98 who really cares, anyway if rambus really needs it I (and I'm sure many others here) have unused copies of 98 lying around from PC's that bit the dust long ago that he would be welcome to .

also buying OEM is perfectly legal if you built the PC

  rambus 16:36 31 Aug 03

bob1234,the advice you have given is the reason i am asking,cheaper than a lawyer.it is possible to buy a unopened and unused system on ebay, i take it that it would be ok to buy and use?

  Joe McG 16:38 31 Aug 03

rambus,

an oem copy of XP is as cheap, if not cheaper than 98.

  rambus 16:39 31 Aug 03

horiz5, thanks for feedback,nice to see that you understand where i am coming from.

  rambus 16:42 31 Aug 03

joe, just had a look on ebay, it seems if your lucky you can get 98 for around £25-£35

  pj123 17:29 31 Aug 03

Failing all of the above you can get a perfectly legal shrink wrapped CD and licence for £70 from click here not for very much longer though.

  bob1234 11:58 01 Sep 03

Hi,

Not so. Your post suggests it is OK.

OEM software (Microsoft), can only be legally installed on the original PC. That is what OEM is all about!!

Buying OEM in this situation is plain stupid and illegal. It is like the business man buying a student licenced copy of office XP at £80 instead of the £300 it would cost. All it achieves is to lul him into a false sense of security. If people choose to install illegal software, trhen so be it. I believe that individuals should have a choice and so suffer the consequences of their own actions if caught. But to suggest something is OK, wehen it clearly is not, is BAD ADVICE.

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