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Pre-loading XP has ended for all new PC's -> implications to XPactivation?

 
 
XP Guy
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      27th October 2010
Many web-sources are posting articles along the lines that very recently
(Oct 22) that Microsoft has officially declared that pre-loading of XP
onto new PC's (mostly net-books these days) is no longer permitted.

Assuming that Microsoft will wait a few months for the last
sold-at-retail PC with XP to be purchased and activated, I'm wondering
if Microsoft will see this as an opportunity or a reason to either shut
down it's XP activation server - or to no longer recognize and activate
valid XP product keys that have not been previously used.

I have a lot of XP-SP2 system-builder license keys that have not yet
been used. The System-Builder version of XP is sold to (naturally)
system builders (small scale and custom PC makers) and I haven't heard
if Microsoft is making any directive to them that they must also stop
pre-loading XP System-Builder onto the machines they sell. Not that
Microsoft can really do anything to stop them - except to prevent any
new System-Builder product keys to be activated starting at some point
in the near future.

Comments?
 
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J. P. Gilliver (John)
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      27th October 2010
In message <(E-Mail Removed)>, XP Guy <(E-Mail Removed)> writes:
[]
>if Microsoft is making any directive to them that they must also stop
>pre-loading XP System-Builder onto the machines they sell. Not that
>Microsoft can really do anything to stop them - except to prevent any


(They probably can - I wouldn't be surprised if it wasn't in the
contract [EULA or whatever] somewhere.)

>new System-Builder product keys to be activated starting at some point
>in the near future.
>
>Comments?


If they do render them all void at a stroke in that way, I'd say it was
begging for piracy, from people who have paid in good faith for
something they now can't use. Especially if they don't offer any refund,
which I'd be surprised if they do.
--
J. P. Gilliver. UMRA: 1960/<1985 MB++G.5AL-IS-P--Ch++(p)Ar@T0H+Sh0!:`)DNAf

If you don't know how to orient your card to swipe it through the reader, the
checkout person will say, "Strip down, face toward me." (DNRC newsletter 1997)
 
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XP Guy
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      27th October 2010
"J. P. Gilliver (John)" wrote:

> > if Microsoft is making any directive to them that they must also
> > stop pre-loading XP System-Builder onto the machines they sell.
> > Not that Microsoft can really do anything to stop them -

>
> (They probably can - I wouldn't be surprised if it wasn't in the
> contract [EULA or whatever] somewhere.)


So you believe that if I'm a small-scale system builder, and if I've got
an inventory of XP System-Builder CD's, Booklets and product keys (that
I don't even purchase directly from Microsoft - so Microsoft doesn't
know who I am or how to contact me), that I'm supposed to stop using my
inventory of XP licenses and stop installing XP on the systems I'm
selling?

Especially since (a) It probably isin't mentioned anywhere in the EULA
that Microsoft can prohibit me (the system builder) from installing the
product, and (b) I'm technically not bound by the EULA because it's the
customer that buys the PC from me that is the "END USER" (EULA = END
USER License Agreement) and who actually activates the product (WPA).

Again, the only way that Microsoft can enforce an edict that no new
machines can be sold pre-loaded with XP is if they block the activation
of XP on those machines.

Microsoft has a database of all known previous product keys that have
been activated.

I'm sure they also know how many XP product keys exist that were sold to
VARs and System Builders that have not been used / activated. In
theory, Microsoft could prevent those product keys from being used from
this point going forward.

Naturally, whether they actually do that is an open question, with lots
of nasty / ugly consequences.
 
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J. P. Gilliver (John)
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      28th October 2010
In message <(E-Mail Removed)>, XP Guy <(E-Mail Removed)> writes:
>"J. P. Gilliver (John)" wrote:
>
>> > if Microsoft is making any directive to them that they must also
>> > stop pre-loading XP System-Builder onto the machines they sell.
>> > Not that Microsoft can really do anything to stop them -

>>
>> (They probably can - I wouldn't be surprised if it wasn't in the
>> contract [EULA or whatever] somewhere.)

>
>So you believe that if I'm a small-scale system builder, and if I've got
>an inventory of XP System-Builder CD's, Booklets and product keys (that
>I don't even purchase directly from Microsoft - so Microsoft doesn't
>know who I am or how to contact me), that I'm supposed to stop using my
>inventory of XP licenses and stop installing XP on the systems I'm
>selling?


I was purely guessing - I certainly don't know the EULA! And, as you
point out, you're not the EU. In which case it's probably in the fine
print of the contract under which you obtained them - or the contract
under which the source you bought them from obtained them (which
probably included a pass-on clause; if they didn't, your beef will be
with them).
[]
If these terms were on something you couldn't see until you open the
package (possibly years later), i. e. a so-called shrinkwrapped
contract, then there is considerable evidence that in the UK that would
come under our "unfair contract" terms legislation and would thus be
deemed invalid, but I don't know if you're in UK; even if you are, (a)
good luck in doing anything against Microsoft, (b) your contract would
be with your supplier not Microsoft anyway.

>Again, the only way that Microsoft can enforce an edict that no new
>machines can be sold pre-loaded with XP is if they block the activation
>of XP on those machines.
>
>Microsoft has a database of all known previous product keys that have
>been activated.
>
>I'm sure they also know how many XP product keys exist that were sold to
>VARs and System Builders that have not been used / activated. In
>theory, Microsoft could prevent those product keys from being used from
>this point going forward.
>
>Naturally, whether they actually do that is an open question, with lots
>of nasty / ugly consequences.


Yes, a good question. Presumably, eventually, they may rather than
actively blocking them they may just turn off the activation servers,
which of course would have the same effect.

Another interesting question: could they legally (in US anyway - I don't
think they'd be too bothered about what other jurisdictions think) put
something in the automatic update system that turns off ALL systems
running XP, in four or more years' time?
--
J. P. Gilliver. UMRA: 1960/<1985 MB++G.5AL-IS-P--Ch++(p)Ar@T0H+Sh0!:`)DNAf

If you don't know how to orient your card to swipe it through the reader, the
checkout person will say, "Strip down, face toward me." (DNRC newsletter 1997)
 
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