Can I sell my copy of Windows XP Home

  rdh660 15:12 23 Oct 2005

I am not sure whether this is the right forum for advice to this question but here goes.
I have an O.E.M version of Windows XP Home which I bought from a reputable internet retailer. I installed it on a new computer, activated it etc and have used it for some time. The computer has now been disposed off as it was fairly old and my new machine already has Windows XP installed. Is it legal for me to sell the original copy of Windows as it is no longer installed on any computer or do I just have to write it off?

  josie mayhem 15:40 23 Oct 2005

A version that is OEM, means that it is only legal when it is still being used with what ever the original manufacture equipment was.

so it you brought it a piece of kit that could be transfered into another computer you would be able to sell both that piece if kit and windows together..

But how do they know what the O.E.M was?

  PaulB2005 15:41 23 Oct 2005

Nope. OEM dies with the hardware. Retail copy is transferable i believe.

  sharkfin 16:09 23 Oct 2005

I think it would be okay to transfer to another computer as long as the original computer has been disposed of or it has been unistalled. Theres no difference in OEM and retail apart from MS support i think so it will activate okay. If you aren't able to activate, then give MS a call and they should be able to help.

  rdh660 16:30 23 Oct 2005

Thanks for the help everybody.
I bought the operating system from Ebuyer as OEM version and they supplied it on it's own without any other hardware etc. The machine I originally installed it on has been scrapped completely. I think I will try contacting Microsoft and see what they say. Seems a bit unfair if the software has to be disposed of given the above criteria.
Thanks again for the help.

  alan227 16:44 23 Oct 2005

OEM is tied to one machine even if that machine is scrapped so it cannot be transfered, only the retail version can be reused if the origonal computer was scrapped.
So the answer is no it cannot be resold.

  rdh660 16:54 23 Oct 2005

Thanks for the additional information Alan.
I am a bit confused as I was sold the operating system without it being tied to anything at all and from a reputable retailer.... I already had the computer.
In one of the answers above it says that OEM software can be sold tied to piece of hardware rather than a particular machine... does that mean as long as it is installed on any machine alongside that specific piece of hardware no matter what that may be it is legal?


  Starfox 17:03 23 Oct 2005

"does that mean as long as it is installed on any machine alongside that specific piece of hardware no matter what that may be it is legal? "


  rdh660 17:08 23 Oct 2005

Thanks Forum Editor.
That clarifies the situation. Looking around the online stores it seems that an awful lot of them offer Windows OEM versions as standalones and not installed on a machine and are I guess thus at odds with Microsofts policy. At least even though the result is not what I hoped for I know not to buy standalone OEM software in the future and will have to simply bin my copy of windows..... just my luck .
Thanks for all the help forum members .
Best regards

  freaky 17:09 23 Oct 2005

But I think the FE's post correctly sums up the issues involved.

  Forum Editor 17:09 23 Oct 2005

an OEM copy of Windows should only be sold preinstalled on a new computer,or with a 'non-peripheral' piece of computer hardware. Microsoft has defined non-peripheral as meaning something that is essential to the running of a PC - items such as memory, mice, keyboards, internal drives, graphics cards, etc., but not software or printers, scanners etc. The licence 'dies' with the computer in which the hardware is installed - no computer, no licence.
The fact that you were sold the software as a standalone is certainly at odds with Microsoft's declared licencing policy, and in any case you are not permitted to sell the software on.

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