No recovery disks..hard drive dead

[Knightsman]

Might have something to do with the asinine licensing Microsoft uses perhaps?

If I use a copy of an archived backup copy of an original Microsoft disk to install the software on an OEM computer that has a valid license on the side I should not have any problem doing so. The idea that it's in Microsoft's license that you can't do so is ridiculous.

I'll speak with one of the patent and copyright lawyers who are my clients about this and how easily it would be to push fair use as a defense.

(Marshall Texas just happens to be the rocket docket and is where most patent cases come in the world since our docket favors the prosecution most)

ok, again I say, i feel the same exact way you guys do.

But the facts are facts. doesnt matter if Microsofts EULA is asinine, its still there. And people should regard it the same they do with malwarebytes license. I think its asinine that Malwarebytes says you cant use it for computer repair, yet doesnt contact me back about a tech license. Does that give me the right to use it?

So we think its asinine that Microsoft says you cant use OEM media for a dell machine, does that give you the right to use it?

So we think its asinine that Dell, Hp, and the works to say you cant use their recovery disks on multiple machines, does that mean we have the right to use it anyways?

The answer is no to all three.

Does this mean if you do, your a bad person, no. It utterly crazy to buy recovery disks for every machine we get in. But we shouldnt tell someone to cheat these guys out. You all figured this out on your own, and he will also.

 

[Knightsman]

It is the truth...I would not have done it if I did not get the OK from Microsoft, of course Dell would want you to purchase the disks.

You can purchase restore disks here:

restoredisks.com/

I wouldnt buy from restore disks. I use to resell restore disks throughout the states, and learned its cheaper to just buy from the manufactors site, than theirs.

They are normally between $20 and $30, with free shipping.

 

[anth]

I agree it would be best just purchase the restore disks from the manufacture, but multiple that by the amount of manufactures, different models and OS's.

 

[MobileTechie]

Not true, call dell and ask them if you can do this. Their answer will be no.

.

It is true. I wasn't talking about what Dell would say I was talking about what happens technically.

I don't know if the OP was asking about the technical aspects or the EULA aspects, but I'm answering the technical side.

 

[Ccomp5950]

ok, again I say, i feel the same exact way you guys do.

But the facts are facts. doesnt matter if Microsofts EULA is asinine, its still there.

Unless it violates fair use, in which case you can effectively ignore the part that is invalidated by fair use. I believe this is the case. I will be speaking with a lawyer though.

So we think its asinine that Microsoft says you cant use OEM media for a dell machine, does that give you the right to use it?

If that's all you got out of my post please go back and read it. It's asinine but that doesn't change what it is and weather or not it's enforceable. I don't think it's ever gone to trial to begin with and since it's PANDEMIC judging from responses in here it's not as if there wasn't a chance for this to go to trial. Like others I'm curious if Microsoft even understands their own license.

So we think its asinine that Dell, Hp, and the works to say you cant use their recovery disks on multiple machines, does that mean we have the right to use it anyways?

No, again, the thought something is asinine does not give us the right, however if it's FAIR USE than that does. The gatekeepers (RIAA/MPAA/Microsoft/etc) all have tried to kill fair use or ignore it. If you don't believe it, look up fair use and then read the FBI warnings at the start of movies. Here is a hint, you can make archival copies legally according to fair use.

Does this mean if you do, your a bad person, no. It utterly crazy to buy recovery disks for every machine we get in. But we shouldn't tell someone to cheat these guys out. You all figured this out on your own, and he will also.

So instead you advocate lying?

"Oh no, I don't do that, you should do this"
*Goes and does "that" instead of "this"*

I'd rather be a copyright infringer than a lier. And for the record, I would download a car.

edit: rereading this I'd like to point out I'm not calling you a lier, I'm saying I don't want to appear that way.

 

[red12049]

Ah... Just love it when computer techs try to play lawyer.

So, can anyone point to ANYTHING in writing to back up their posts, especially a lawyer's opinion, a court case, or anything besides Microsoft's convoluted terminology?

Rick

 

[Elemdee]

This topic goes in the top 5 of all-time rehashed topics. It's been played out over and over on many threads in TN. /sigh.

 

[Ccomp5950]

Microsoft has never (period) brought their EULA into a court of law in the United States. They've had it used against them...

They've been beaten up over non-payment for returned software when people refuse Microsoft's EULA and rightfully try to return the software after deleting the software off of their new computer. (Zamos v. Microsoft they settled rather quickly with a non-disclosure being part of the settlement.).

Think about it for a minute, what are the repercussions of a judge finding their EULA unenforceable to end users? So now why should they ever risk such a thing?

While you are thinking about that, I'm going to install Windows 7 Home Premium OEM from a disk image I have, put their license sticker on the side of the computer they just bought and hand them an unopened software box. If Microsoft has such a problem with that, I hope they enjoy risking the enforceability of their license in my home city.

 

[SmithFamilyDesigns]

I have seen this conversation so many times, and there is a lot of legal mumbo jumbo to deal with. With OEM's you have Microsoft eula along with the OEM's eula. Personally, I don't use any restore cd's, I use OEM image disks from technet (service packs pre-installed ftw!), download drivers and don't have to worry about bloatware. For activation, customer must have COA on machine (although I typically activate via OEM SLP & cert anyway, COA must be there for appearances).

Argue if you want, ethics/morals are not enforced by eula's; they're different between EVERY person that ever clicks "Agree" without reading the whole thing.

 

[anth]

This topic goes in the top 5 of all-time rehashed topics. It's been played out over and over on many threads in TN. /sigh.

It's discussed because of the importance of it. In all honesty I believe everyone one of wants do they right thing and obey the letter of the law, but because of the gray areas we are left with trying to figure it out our selves.

For me there is not any hate towards Microsoft, they are providing me the means of paying the rent for my shop, bills, mortgage, and putting food on the table. All I want to know is the clear cut answer, so I can run my shop with confidence and sleep soundly every night with out the worry that I am breaking some kind of law.

I will call Microsoft again and see if they can actually send me a letter to clear the debate about OEM licensing and restoration disks.