Re: [OS:N:] Open source software similar to PartitionMagic

[<charles macdonald hrdc-drhc gc ca>]

>Even if he has a recover CD he should still have
> a certificate bundeled with the computer that has
> his OEM license number, or he can use the one
> from the CD he borrows. Again this is covered
> under his license with MS. He has the right
> to have a copy loaded on his computer, it doesn't
> matter what media he uses to 
>get it installed.

Would that that were to be true.. 

In the unique world that is a Microsoft EULA, that like many other logical 
statements seems to be somewhat turned around.

If you "re-image" a PC, ie install any version of windows other than the one 
it came with, (this includes the same version number from a different source) 
you require a fresh windows licence.  Microsoft sells handy site packs for 
so-much for every computer on site (even the ones that don't run windows) 
which allow you to perform such "upgrades"

If you buy computers in bulk, and routinely re-image them (so that they all 
have the same things installed - many corporate site do this) you are still 
expected to buy them with a version of windows, which you may then wipe 
without ever booting it.  If you don't get a version pre-installed, your site 
licence which covers "upgrades" only does not apply, and that PC is 
considered to not have a windows licence.  Under this sort of site licence 
you could install the SIte version of windows as long as the PC was counted 
in the number of licenced systems on the site.  (remeber that even the HP-UX 
and Red Hat systems have to have a windows licence fee paid under this plan 
as I am given to understand it.)

SO if you have a PC that comes with a "restore" CD, that is the only way to 
put windows on that PC without buying an "upgrade".  And as has been pointed 
out the XP file system is undocumented except for developers who have signed 
a NDA that prohibits them from releasing open source products.  That is why 
some commercial distributions of Linux will actually bundle Partition Magic, 
witha  one computer licence.

I put "upgrade" in quotes above, because you can buy a WIndows XP licence 
upgrade corpoate site licence, and then use it to install Windows 98/ME. (the 
so called "Downgrade clause")   But AFAIK, you can ONLY buy the XP licence..

NOW - IANAL.... But I wonder how much of this would stand up in court.  Of 
course it would have to be decided afresh in each juridiction.

I really don't speak here for anyone other than myself and all that jazz, 
Charles MacDonald - Labour Information Management
< My own Opinion unless Otherwise Credited >