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I have a friend that keeps a collection of burned Windows CD's; 2000, XP, Vista which he uses to repair peoples computers with. Now he justifies this by saying he uses the CD-Key on their OEM sticker that came with their PC. As long as the installation validates the installation should be 100% legal. Is this true? I've always been under the impression you had to use the original CD/DVD that came with the computer.
Juice
Posted 2009-12-19T13:49:01.020
Reputation: 944
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It's the key that's the important thing, as long as each machine uses it's original key then you're legal. You can use the OEM key if it's available, or the key that came with the disc if they had installed a retail version of Windows. In the latter case you don't need to use the original disc as the burned installer is treated the same as the pressed disc.
NOTE: I'm not saying that you can reuse keys from other installations, as that would clearly be piracy. If you have a valid key then at some point in the past you (or the OEM) had an installation disk.
ChrisF
Posted 2009-12-19T13:49:01.020
Reputation: 39 650
3[Citation needed]. I challenge you to provide some reference that Microsoft actually allows this. – Teddy – 2009-12-20T20:52:13.663
1@Teddy - if you're installing Windows on a network you have a volume license (which I admit is not exactly this situation) but you don't have to have separate and original media for each installation. – ChrisF – 2009-12-20T21:20:04.253
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The thing that gives you the power to make a copy FOR YOUR OWN USE under U.S. law is Fair Use http://en.wikipedia.org/wiki/Fair_use . Additionally the media only provides the means for install, not the actual permission. The licence key is what allows you to actually install and use the system so while Microsoft would prefer you not go throwing copies of the cd around they can't stop you so they restrict use of the operating system by licence key, not install media. I have installed many, many copies of Windows from the same media but always used a different licence key which is legal.
– Mokubai – 2009-12-20T21:34:55.467@ChrisF: I still see no reference that Microsoft actually allows using illegally copied CDs to install Windows. (You're talking about using a single legitimate CD to install on many PCs, and that may or may not be OK depending on the volume licensing, as you say. But that was not what was the issue here.) – Teddy – 2009-12-20T21:37:06.193
@Teddy - OK - take an MSDN license. That allows me as a developer to install Windows on various machines. I only have to download the installer once, but I have to request a new key for each installation. Or if I had a retail disk I could just request a new key. All perfectly legal. – ChrisF – 2009-12-20T21:50:09.063
Teddy, do you see anywhere that Microsoft says you aren't allowed to make copies of media you legally own? Heck, when students buy licenses, we aren't even given media unless we pay extra - we have to download an iso and burn it ourselves. And yet it's still completely allowed by MS.
What's illegal is selling counterfeit CDs. Owning copies of install media is fine, you just can't go around passing them off as genuine media. – nhinkle – 2009-12-20T21:58:28.683
nhinkle: Microsoft doesn't have to disallow anything; Copyright does that. To copy anything (which includes burning a CD and/or installing into a PC) that Microsoft has the copyright for requires their explicit permission. All I'm asking for is some sort of reference that they do indeed allow this, but I'm sure such a thing does not exist. – Teddy – 2009-12-21T00:17:32.970
Mokubai: Microsoft may use a licensing key to enforce some rule they would like to have, but this is irrelevant. The question is whether they allow installations from illegaly copied CDs. Which I seriously doubt that they do. – Teddy – 2009-12-21T00:22:32.317
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@ChrisF and nhinkle, good points. MSDN and Dreamspark both allow you to burn an ISO, http://msdn.microsoft.com/en-us/subscriptions/aa948864.aspx, https://www.dreamspark.com/FAQ/Students.aspx but I still doubt that they allow you to utilize that copy for other MSDN subscribers or students. A hair splitting distinction perhaps, but that's what the OP was asking about.
– hyperslug – 2009-12-21T04:30:18.523Even though it may not be 100% legal, so far from the comments we can at least deduce that Microsoft does not tie 1 CD-Key to 1 physical CD. There are many instances where they allowed a burned copy of their software. Is it illegal to download and burn Windows 7 from MSDN and then let 50 other MSDN subscribers use that same DVD to insall Windows if their all using different keys? – Juice – 2009-12-21T12:30:59.970
1@Luminose, let's pretend the answer is yes for MSDN. The next question is, "Does this give us enough room to rationalize extending that practice towards the OEM and retail licenses?" And we already know what those licenses say. (No) – hyperslug – 2009-12-22T04:13:21.920
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Your friend is incorrect.
The licensing terms for Windows Vista seem to suggest that the single allowed backup copy is permitted for use only for reinstallation which would forbid fresh installs:
BACKUP COPY. You may make one backup copy of the media. You may use it only to reinstall the software.
Arguably, this could be interpreted as leaving room to reinstall on other machines. This interpretation of Microsoft's intent is doubtful, based on their wording regarding Windows 7. The language at the Microsoft Store explicitly states that the Windows 7 media is to be used for the licensed computer only:
The license terms for Windows 7, once accepted, permit you to make one copy of the software as a back-up copy for reinstallation on the licensed computer.
Use of the definite article suggests it is illegal to use it on just any computer (ie., "the computer" vs "a computer").
hyperslug
Posted 2009-12-19T13:49:01.020
Reputation: 12 882
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If this is 2000 or XP- he may be lying, a bog standard retail OEM key works only with OEM keys and a Dell, HP or other manufacturers key only works (*) with the correct CD from that manufacturer.
However, I have a collection of original CDs from Dell and other manufacturers that I see on a daily basis and I use the correct edition when I see the correct licence if/when I need to do a restore.
Is it illegal - I don't think so - IANAL, but I really do not see the problem on original media if you only install on legally licensed machines - at the end of the day, if you lose the media, you pay £xx and will just get the same cd in the post.
... As for burned media, just be careful - if you do not know where it came from, you could be walking in to a lot of other problems later on.
William Hilsum
Posted 2009-12-19T13:49:01.020
Reputation: 111 572
I haven't tried it lately but I have used a Dell OEM key on a retial XP Pro installation and it activated without an issues. That was about 2 years ago. – Juice – 2009-12-19T14:35:43.567
1I installed a retail XP Pro installation on my former Dell laptop that also had an OEM XP Pro. The key does not work, it only worked with the Dell-supplied OEM disc. – Will Eddins – 2009-12-20T21:49:21.390
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Summary: It's most certainly illegal; the serial number alone is not enough.
A burned CD is an illegally made copy of an original CD. Any copying of the data on an original CD is illegal unless allowed by the copyright holder, i.e. Microsoft. An installation of the original CD to a computer is only legal because Microsoft have given their permission in this specific case. I would assume that Microsoft have not gone out of their way to explicitly allow use of illegally made CD copies to install onto a PC.
Therefore, most likely illegal.
(I am not a lawyer. This is not legal advice.)
(To those downvoting this answer without commenting: You are most likely deluding yourself because you don't want this to be true. This does not, in fact, change the reality of it. Nor does the fact that Microsoft may not be cracking down on this practice - go on, contact them and ask them for blanket permission to do this, and see what they say.)
Teddy
Posted 2009-12-19T13:49:01.020
Reputation: 5 504
@Teddy I am downvoting because your answer is not universally correct. Whether copying the installation disc is copyright infringement depends entirely on law in your jurisdiction. In many jurisdictions this is specifically allowed. – Colin Pickard – 2011-03-25T11:01:54.727
Im confused. If you install windows, use a legit cd-key, and validate windows and then shred the CD, you would still have a legal installation of windows according to MS. Why is using a burned copy any different. – Juice – 2009-12-19T17:58:11.007
1@Luminose: If I break the traffic laws while driving but do not endanger anyone, it is still illegal even though my end destination would be the same in either case. It's how you do it that matters, not (in this case) what you end up with. – Teddy – 2009-12-20T01:56:24.690
1i recently had a chat with someone at the SU staff and suggested to add 'legal matters' to the "vote to close" criteria. a: legislation is different from country to country, b: SU is dedicated to technical support. however, this request was not greeted with much enthusiasm, so i'm afraid you will have to live with the downvotes, although they are pretty nonsensical and by no means justified. personally, i resort to comments if i want to contribute to any such discussion. oh ... and +1, them downvoters can't have it their way! :) – None – 2009-12-20T02:14:27.193
1+1 b/c knowing Microsoft, I suspect this is true. Downvoters, please contribute: if you have a link showing that Microsoft sanctions the behavior in question, it would relevant to the discussion, right? – hyperslug – 2009-12-20T06:38:30.067
1Here in Italy I CAN burn a backup copy of any CD, being a music cd or an OS installation disc. But I have to use only one copy, so I could burn a copy of WinXP, keep the original disc in a proper place, and use the copy to install/reinstall/boot my licensed OS. As long as I have a license I'm free to keep my back safe. – dag729 – 2009-12-26T02:41:34.640
1@dag729, you can burn a copy of any cd YOU OWN, not just any cd you get your hands on, I guess? – Arjan – 2009-12-26T08:50:42.877
@Luminose, Arjan van Bentem has a very good point. is this possible? – studiohack – 2010-03-29T04:31:41.260
You shouldn't need the CD ever once Windows is installed unless you need to do a repair of the OS. If I remember correctly Windows copies all CAB files to the HDD during installtion, negating the need for the CD. – Juice – 2010-04-05T21:35:08.890
3Apart from this being legal or not: I think it can really get the owner into technical trouble if a somewhat different installation disc is used, even when the key is accepted. Some time later, when the cd is needed (like when installing some new hardware or whatever) Windows might reject the original disc because it does not exactly match the installed version, and prompt for the cd that was used during repair? – Arjan – 2009-12-26T08:47:12.683