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License laws

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  #1 (permalink)  
Old 02-20-2009
Paul2009
 

Posts: n/a
License laws
Hi guys,

I have a feeling I'm posting this question in the wrong place, but
hopefully someone can point me in the correct direction.

A friend of mine has been complaining that a notebook of his didn't come
with an OEM recovery disc, but instead had a program to use to create the
disc. The company is Toshiba. I was wondering, are computer manufacturers
required by the M$ licensing laws to provide the media, or are they allowed
to just install a program to create the media?

Many Thanks.
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  #2 (permalink)  
Old 02-20-2009
BrianB
 

Posts: n/a
Re: License laws
My understanding is that as long as they provide a recovery method they are
within the rules. But I also think that they are required to provide
physical media upon request.

Brian

"Paul2009" <Paul2009@discussions.microsoft.com> wrote in message
news:690E7ECC-641F-4205-AE6D-F752A238C14A@microsoft.com...
> Hi guys,
>
> I have a feeling I'm posting this question in the wrong place, but
> hopefully someone can point me in the correct direction.
>
> A friend of mine has been complaining that a notebook of his didn't come
> with an OEM recovery disc, but instead had a program to use to create the
> disc. The company is Toshiba. I was wondering, are computer
> manufacturers
> required by the M$ licensing laws to provide the media, or are they
> allowed
> to just install a program to create the media?
>
> Many Thanks.



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  #3 (permalink)  
Old 02-20-2009
Paul2009
 

Posts: n/a
Re: License laws
Hi BrianB,

OK, well as far as the recovery request goes, if I request the media I
have to pay for the media to be made and shipped over to me or my friend. Is
that legal?

Paul.

"BrianB" wrote:

> My understanding is that as long as they provide a recovery method they are
> within the rules. But I also think that they are required to provide
> physical media upon request.
>
> Brian
>
> "Paul2009" <Paul2009@discussions.microsoft.com> wrote in message
> news:690E7ECC-641F-4205-AE6D-F752A238C14A@microsoft.com...
> > Hi guys,
> >
> > I have a feeling I'm posting this question in the wrong place, but
> > hopefully someone can point me in the correct direction.
> >
> > A friend of mine has been complaining that a notebook of his didn't come
> > with an OEM recovery disc, but instead had a program to use to create the
> > disc. The company is Toshiba. I was wondering, are computer
> > manufacturers
> > required by the M$ licensing laws to provide the media, or are they
> > allowed
> > to just install a program to create the media?
> >
> > Many Thanks.

>
>
>

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  #4 (permalink)  
Old 02-20-2009
BrianB
 

Posts: n/a
Re: License laws
I'm not a lawyer, but I suspect so. I've heard of enough places that do it.
Hopefully somebody with enough real knowledge will chime in to this thread.

Brian

"Paul2009" <Paul2009@discussions.microsoft.com> wrote in message
news:183D456F-CD61-40BD-A6DC-264091D9E7BB@microsoft.com...
> Hi BrianB,
>
> OK, well as far as the recovery request goes, if I request the media I
> have to pay for the media to be made and shipped over to me or my friend.
> Is
> that legal?
>
> Paul.
>
> "BrianB" wrote:
>
>> My understanding is that as long as they provide a recovery method they
>> are
>> within the rules. But I also think that they are required to provide
>> physical media upon request.
>>
>> Brian
>>
>> "Paul2009" <Paul2009@discussions.microsoft.com> wrote in message
>> news:690E7ECC-641F-4205-AE6D-F752A238C14A@microsoft.com...
>> > Hi guys,
>> >
>> > I have a feeling I'm posting this question in the wrong place, but
>> > hopefully someone can point me in the correct direction.
>> >
>> > A friend of mine has been complaining that a notebook of his didn't
>> > come
>> > with an OEM recovery disc, but instead had a program to use to create
>> > the
>> > disc. The company is Toshiba. I was wondering, are computer
>> > manufacturers
>> > required by the M$ licensing laws to provide the media, or are they
>> > allowed
>> > to just install a program to create the media?
>> >
>> > Many Thanks.

>>
>>
>>



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  #5 (permalink)  
Old 02-20-2009
Mike Torello
 

Posts: n/a
Re: License laws
Paul2009 <Paul2009@discussions.microsoft.com> wrote:

>Hi BrianB,
>
> OK, well as far as the recovery request goes, if I request the media I
>have to pay for the media to be made and shipped over to me or my friend. Is
>that legal?
>
>Paul.


Of course it is. Create the disc from the installed utility and move
on.


>"BrianB" wrote:
>
>> My understanding is that as long as they provide a recovery method they are
>> within the rules. But I also think that they are required to provide
>> physical media upon request.
>>
>> Brian
>>
>> "Paul2009" <Paul2009@discussions.microsoft.com> wrote in message
>> news:690E7ECC-641F-4205-AE6D-F752A238C14A@microsoft.com...
>> > Hi guys,
>> >
>> > I have a feeling I'm posting this question in the wrong place, but
>> > hopefully someone can point me in the correct direction.
>> >
>> > A friend of mine has been complaining that a notebook of his didn't come
>> > with an OEM recovery disc, but instead had a program to use to create the
>> > disc. The company is Toshiba. I was wondering, are computer
>> > manufacturers
>> > required by the M$ licensing laws to provide the media, or are they
>> > allowed
>> > to just install a program to create the media?
>> >
>> > Many Thanks.

>>
>>
>>

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  #6 (permalink)  
Old 02-20-2009
Paul2009
 

Posts: n/a
Re: License laws
Thanks Mike/BrianB,

My main reason for asking is if he complains again to me I can state the
law and the fact that he's wrong and Toshiba aren't breaching any laws by
doing so. Any ideas where I can fine any terms that apply to this?

"Mike Torello" wrote:

> Paul2009 <Paul2009@discussions.microsoft.com> wrote:
>
> >Hi BrianB,
> >
> > OK, well as far as the recovery request goes, if I request the media I
> >have to pay for the media to be made and shipped over to me or my friend. Is
> >that legal?
> >
> >Paul.

>
> Of course it is. Create the disc from the installed utility and move
> on.
>
>
> >"BrianB" wrote:
> >
> >> My understanding is that as long as they provide a recovery method they are
> >> within the rules. But I also think that they are required to provide
> >> physical media upon request.
> >>
> >> Brian
> >>
> >> "Paul2009" <Paul2009@discussions.microsoft.com> wrote in message
> >> news:690E7ECC-641F-4205-AE6D-F752A238C14A@microsoft.com...
> >> > Hi guys,
> >> >
> >> > I have a feeling I'm posting this question in the wrong place, but
> >> > hopefully someone can point me in the correct direction.
> >> >
> >> > A friend of mine has been complaining that a notebook of his didn't come
> >> > with an OEM recovery disc, but instead had a program to use to create the
> >> > disc. The company is Toshiba. I was wondering, are computer
> >> > manufacturers
> >> > required by the M$ licensing laws to provide the media, or are they
> >> > allowed
> >> > to just install a program to create the media?
> >> >
> >> > Many Thanks.
> >>
> >>
> >>

>

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  #7 (permalink)  
Old 02-20-2009
Mike Torello
 

Posts: n/a
Re: License laws
Paul2009 <Paul2009@discussions.microsoft.com> wrote:

>Thanks Mike/BrianB,
>
> My main reason for asking is if he complains again to me I can state the
>law and the fact that he's wrong and Toshiba aren't breaching any laws by
>doing so. Any ideas where I can fine any terms that apply to this?


Tell your friend to look it up himself online. It's not in any "law"
per se, it's in the agreement between Microsoft and the OEM.

Also tell him to make the freaking discs before something happens and
he's unable to.


>
>"Mike Torello" wrote:
>
>> Paul2009 <Paul2009@discussions.microsoft.com> wrote:
>>
>> >Hi BrianB,
>> >
>> > OK, well as far as the recovery request goes, if I request the media I
>> >have to pay for the media to be made and shipped over to me or my friend. Is
>> >that legal?
>> >
>> >Paul.

>>
>> Of course it is. Create the disc from the installed utility and move
>> on.
>>
>>
>> >"BrianB" wrote:
>> >
>> >> My understanding is that as long as they provide a recovery method they are
>> >> within the rules. But I also think that they are required to provide
>> >> physical media upon request.
>> >>
>> >> Brian
>> >>
>> >> "Paul2009" <Paul2009@discussions.microsoft.com> wrote in message
>> >> news:690E7ECC-641F-4205-AE6D-F752A238C14A@microsoft.com...
>> >> > Hi guys,
>> >> >
>> >> > I have a feeling I'm posting this question in the wrong place, but
>> >> > hopefully someone can point me in the correct direction.
>> >> >
>> >> > A friend of mine has been complaining that a notebook of his didn't come
>> >> > with an OEM recovery disc, but instead had a program to use to create the
>> >> > disc. The company is Toshiba. I was wondering, are computer
>> >> > manufacturers
>> >> > required by the M$ licensing laws to provide the media, or are they
>> >> > allowed
>> >> > to just install a program to create the media?
>> >> >
>> >> > Many Thanks.
>> >>
>> >>
>> >>

>>

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  #8 (permalink)  
Old 02-20-2009
Curious
 

Posts: n/a
Re: License laws
Many PC vendors such as HP do exactly the same thing as Toshiba is doing and
have done this for several years.
You have a choice either purchase a set of recovery disk from the vendor or
use the Create Recover DVDS" application that is contained on your system.

"Mike Torello" <torellom@chicoplt.com> wrote in message
news:5hqtp4lsk9pitd7s4j4gi9rt2tv64dmsqn@4ax.com...
> Paul2009 <Paul2009@discussions.microsoft.com> wrote:
>
>>Thanks Mike/BrianB,
>>
>> My main reason for asking is if he complains again to me I can state
>> the
>>law and the fact that he's wrong and Toshiba aren't breaching any laws by
>>doing so. Any ideas where I can fine any terms that apply to this?

>
> Tell your friend to look it up himself online. It's not in any "law"
> per se, it's in the agreement between Microsoft and the OEM.
>
> Also tell him to make the freaking discs before something happens and
> he's unable to.
>
>
>>
>>"Mike Torello" wrote:
>>
>>> Paul2009 <Paul2009@discussions.microsoft.com> wrote:
>>>
>>> >Hi BrianB,
>>> >
>>> > OK, well as far as the recovery request goes, if I request the media
>>> > I
>>> >have to pay for the media to be made and shipped over to me or my
>>> >friend. Is
>>> >that legal?
>>> >
>>> >Paul.
>>>
>>> Of course it is. Create the disc from the installed utility and move
>>> on.
>>>
>>>
>>> >"BrianB" wrote:
>>> >
>>> >> My understanding is that as long as they provide a recovery method
>>> >> they are
>>> >> within the rules. But I also think that they are required to provide
>>> >> physical media upon request.
>>> >>
>>> >> Brian
>>> >>
>>> >> "Paul2009" <Paul2009@discussions.microsoft.com> wrote in message
>>> >> news:690E7ECC-641F-4205-AE6D-F752A238C14A@microsoft.com...
>>> >> > Hi guys,
>>> >> >
>>> >> > I have a feeling I'm posting this question in the wrong place,
>>> >> > but
>>> >> > hopefully someone can point me in the correct direction.
>>> >> >
>>> >> > A friend of mine has been complaining that a notebook of his
>>> >> > didn't come
>>> >> > with an OEM recovery disc, but instead had a program to use to
>>> >> > create the
>>> >> > disc. The company is Toshiba. I was wondering, are computer
>>> >> > manufacturers
>>> >> > required by the M$ licensing laws to provide the media, or are they
>>> >> > allowed
>>> >> > to just install a program to create the media?
>>> >> >
>>> >> > Many Thanks.
>>> >>
>>> >>
>>> >>
>>>

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  #9 (permalink)  
Old 02-21-2009
Bruce Chambers
 

Posts: n/a
Re: License laws
Paul2009 wrote:
> Hi guys,
>
> I have a feeling I'm posting this question in the wrong place, but
> hopefully someone can point me in the correct direction.
>
> A friend of mine has been complaining that a notebook of his didn't come
> with an OEM recovery disc, but instead had a program to use to create the
> disc. The company is Toshiba. I was wondering, are computer manufacturers
> required by the M$ licensing laws to provide the media, or are they allowed
> to just install a program to create the media?
>
> Many Thanks.



This isn't a matter of "License Laws," of which I've never heard.
However, contract law and copyright law can come into play, sometimes.

Microsoft requires its licensed OEM computer manufacturers to
provide a means of returning the computer to its original, ex-factory
state. The particular method of recovery, however, is left entirely to
the discretion of each individual computer manufacturer.

Legally, the OEM has met it's contractual obligation to Microsoft
by providing a means of returning the PC to its ex-factory state,
whether it's a Recovery CD or a Recovery Partition. They are not
legally obliged to provide a true installation CD as part of the sale.
Reputable, customer-service aware OEMs do provide a full OEM
installation CD, that does permit custom installations and repairs.
However, many uncaring OEMs, such as eMachines, Compaq, HP, and Sony, in
an effort to save pennies and reduce their support costs by having to
hire support people that need only say "Boot from the Recovery CD to
return your PC to its original condition," provide only a CD bearing a
disk image of the hard drive as it left the factory.

Essentially, it boils down to "You get what you pay for."

The computer's manufacturer will have provided your friend some
means of returning the computer to it's original, ex-factory state.
Tell him to read the documentation that came with the computer, or check
the manufacturer's support web site, and follow the
instructions/procedures provided.


--

Bruce Chambers

Help us help you:
http://www.catb.org/~esr/faqs/smart-questions.html

http://support.microsoft.com/default.aspx/kb/555375

They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety. ~Benjamin Franklin

Many people would rather die than think; in fact, most do. ~Bertrand Russell

The philosopher has never killed any priests, whereas the priest has
killed a great many philosophers.
~ Denis Diderot
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  #10 (permalink)  
Old 02-21-2009
Bruce Chambers
 

Posts: n/a
Re: License laws
Paul2009 wrote:
> Hi BrianB,
>
> OK, well as far as the recovery request goes, if I request the media I
> have to pay for the media to be made and shipped over to me or my friend. Is
> that legal?
>
>



In most places, certainly. However, to be certain, consult a local
attorney for information about the pertinent laws in your locale.


--

Bruce Chambers

Help us help you:
http://www.catb.org/~esr/faqs/smart-questions.html

http://support.microsoft.com/default.aspx/kb/555375

They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety. ~Benjamin Franklin

Many people would rather die than think; in fact, most do. ~Bertrand Russell

The philosopher has never killed any priests, whereas the priest has
killed a great many philosophers.
~ Denis Diderot
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