# Cheap software on Amazon.com - legal? **URL:** \ **Category:** Factual Questions\ **Created:** [March 17, 2005, 1:37am UTC](https://boards.straightdope.com/t/cheap-software-on-amazon-com-legal/294902 "2005-03-17T01:37:01Z")\ **Posts on this page:** 14\ **Page:** 1
**Author:** ![ElectricZ](https://avatars.discourse-cdn.com/v4/letter/e/58f4c7/32.png) [@ElectricZ](https://boards.straightdope.com/u/ElectricZ)\ **Post date:** [March 17, 2005, 1:37am UTC](https://boards.straightdope.com/t/cheap-software-on-amazon-com-legal/294902/1 "2005-03-17T01:37:01Z")
I’m looking to upgrade my dad’s PC with Windows XP Home and have a gift certificate to [Amazon.com](http://Amazon.com) … where an independent seller is offering Dell branded copies of Windows XP with registration code for about $60. Is this a legal copy? Will it work on other PC’s? I assume it’s an OEM version so how can they sell it on Amazon? My gut is telling me to go ahead and pay $120 for a nice shrink-wrapped copy but half price is tough to beat. Thanks EZ ---
**Author:** ![Shalmanese](https://avatars.discourse-cdn.com/v4/letter/s/45deac/32.png) [@Shalmanese](https://boards.straightdope.com/u/Shalmanese)\ **Post date:** [March 17, 2005, 2:22am UTC](https://boards.straightdope.com/t/cheap-software-on-amazon-com-legal/294902/2 "2005-03-17T02:22:05Z")
OEM Windows has to be sold accompanied with some piece of substatial hardware IIRC. Of course, it’s perfectly legal for him to sell you a “replacement cd” for which you have to provide your own reg key. Check the small print carefully or buy from a reputable dealer. ---
**Author:** ![Suburban\_Plankton](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/suburban_plankton/32/219_2.png) [@Suburban\_Plankton](https://boards.straightdope.com/u/Suburban_Plankton)\ **Post date:** [March 17, 2005, 5:53am UTC](https://boards.straightdope.com/t/cheap-software-on-amazon-com-legal/294902/3 "2005-03-17T05:53:30Z")
It’s either an illegal sale or its a scam. The only company that is authorized to sell a Dell branded OEM copy of Windows is Dell. Somebody bought a Dell PC, and is reselling the Operating System CD that shipped with it. Odds are that unless you have a Dell PC it will not install at all on your computer. FYI, if you already own Windows 98 or Windows ME, you can purchase a Upgrade Version for about $95. (For XP Home Edition. XP Professional is about double the cost.) ---
**Author:** ![Padeye](https://avatars.discourse-cdn.com/v4/letter/p/a9a28c/32.png) [@Padeye](https://boards.straightdope.com/u/Padeye)\ **Post date:** [March 17, 2005, 1:19pm UTC](https://boards.straightdope.com/t/cheap-software-on-amazon-com-legal/294902/4 "2005-03-17T13:19:52Z")
FWIW you can buy a legal copy of non-branded OEM Windows but you won’t save much money if any. You need to buy it with a computer but some places are pretty liberal in the interpretation of “a computer.” Fry’s Electronics (Californa, Phoenix AZ) will sell a copy as long as you buy something like a hard drive or a CPU/Motherboard and perhaps even memory. Note that it’s a non-returnable item since the code is printed on the ouside of the OEM package. I managed to retrun an unopened copy by successfully arguing that they didn’t inform me it wasn’t retrunable until after I paid for it. ---
**Author:** ![Metacom](https://avatars.discourse-cdn.com/v4/letter/m/ecae2f/32.png) [@Metacom](https://boards.straightdope.com/u/Metacom)\ **Post date:** [March 17, 2005, 1:23pm UTC](https://boards.straightdope.com/t/cheap-software-on-amazon-com-legal/294902/5 "2005-03-17T13:23:53Z")
> [@Padeye](#): > > Fry’s Electronics (Californa, Phoenix AZ) will sell a copy as long as you buy something like a hard drive or a CPU/Motherboard and perhaps even memory. Or, in my case, a bag of screws and standoffs. 🙂 ---
**Author:** ![ElectricZ](https://avatars.discourse-cdn.com/v4/letter/e/58f4c7/32.png) [@ElectricZ](https://boards.straightdope.com/u/ElectricZ)\ **Post date:** [March 17, 2005, 3:53pm UTC](https://boards.straightdope.com/t/cheap-software-on-amazon-com-legal/294902/6 "2005-03-17T15:53:24Z")
Thanks for the replies. I think I’ll go the safe route and plunk down the extra cash. Buying the upgrade path would be nice, but he’s got a Win 98 machine that was upgraded from Win 95, and I’d really like to blast the machine, reformat it for NTFS and do a clean install. I don’t think you can do that with an upgrade disk. Or can you? EZ ---
**Author:** ![DarrenS](https://avatars.discourse-cdn.com/v4/letter/d/977dab/32.png) [@DarrenS](https://boards.straightdope.com/u/DarrenS)\ **Post date:** [March 17, 2005, 3:57pm UTC](https://boards.straightdope.com/t/cheap-software-on-amazon-com-legal/294902/7 "2005-03-17T15:57:23Z")
In my experience, to use the “upgrade” version, it doesn’t mean you physically have to upgrade an existing installation. It just means you legally own a previous version of the software. I’m not sure if this holds for XP, but in previous versions of Windows, all you had to do was insert the older CD when prompted by the installation process of the newer version, to reassure it that you do indeed own said earlier version. “Upgrade” is more of a commercial notion than a technical one. ---
**Author:** ![nivlac](https://avatars.discourse-cdn.com/v4/letter/n/3bc359/32.png) [@nivlac](https://boards.straightdope.com/u/nivlac)\ **Post date:** [March 17, 2005, 4:01pm UTC](https://boards.straightdope.com/t/cheap-software-on-amazon-com-legal/294902/8 "2005-03-17T16:01:42Z")
> [@ElectricZ](#): > > Thanks for the replies. I think I’ll go the safe route and plunk down the extra cash. Buying the upgrade path would be nice, but he’s got a Win 98 machine that was upgraded from Win 95, and I’d really like to blast the machine, reformat it for NTFS and do a clean install. I don’t think you can do that with an upgrade disk. > > Or can you? > > EZ Sure you can. The upgrade version is identical to the full version, but you need proof of ownership of a valid prior version. If you’re doing a clean install (highly recommended), you will have to insert the installation disk from the prior version. If you’re just installing over a prior version (not recommended IMO), the upgrade will just search your drive for a prior version. Yeah, go with the guaranteed legit version. BTW, you will really like XP; it’s much more stable than previous versions of Windows. ---
**Author:** ![DarrenS](https://avatars.discourse-cdn.com/v4/letter/d/977dab/32.png) [@DarrenS](https://boards.straightdope.com/u/DarrenS)\ **Post date:** [March 17, 2005, 4:04pm UTC](https://boards.straightdope.com/t/cheap-software-on-amazon-com-legal/294902/9 "2005-03-17T16:04:24Z")
Ah, thought so. From the [horse’s mouth](http://support.microsoft.com/default.aspx?scid=kb;en-us;316941). > [@](#): > > Note If your Windows XP CD-ROM is an upgrade, you are prompted to insert a CD-ROM of a previous operating system to verify upgrade compliance. Remove the Windows XP CD-ROM, and then insert the CD-ROM from your previous operating system into the CD-ROM drive. Microsoft knows that just because you’re upgrading doesn’t mean you necessarily have the earlier version _installed_. They don’t care, as long as you _own_ it. You may, after all, be upgrading from a Linux installation 😉 ---
**Author:** ![bouv](https://avatars.discourse-cdn.com/v4/letter/b/bc8723/32.png) [@bouv](https://boards.straightdope.com/u/bouv)\ **Post date:** [March 17, 2005, 4:32pm UTC](https://boards.straightdope.com/t/cheap-software-on-amazon-com-legal/294902/10 "2005-03-17T16:32:14Z")
> [@Metacom](#): > > Or, in my case, a bag of screws and standoffs. 🙂 From what I’ve read, MS is trying to get retailers to stop doing this. The OEM version is basically to be sold with new computers, and MS feels only certain hardware can qualify as being for a new computer, or at least new enough that an OEM version is OK. A harddrive or CPU is fine, memory…maybe, but just screws? Of course, some places still let you just buy screws and get an OEM version, but it is getting harder to do now. Of course, buying a cheap had drive with the OEM version can still be cheaper than retail. Or jsut do what I did…buy a new vid card, CPU, mobo, memory, and hard drive with the OEM version…and then have none of it work right. :smack: ---
**Author:** ![Diceman](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Diceman](https://boards.straightdope.com/u/Diceman)\ **Post date:** [March 17, 2005, 5:14pm UTC](https://boards.straightdope.com/t/cheap-software-on-amazon-com-legal/294902/11 "2005-03-17T17:14:03Z")
I have a related question. I have an OEM version of XP that came with my old Dell computer. Over the years, however, I’ve replaced just about everything (first I upgraded the memory, then the hard drive, and finally I plunked down the money for a new mobo, processor, and case). The only bits of “substantial hardware” that I’m still using are the monitor and DVD-rom drive. Is it still OK for me to be using the OEM version? When I replaced the mobo and processor, I had to call Microsoft and get a new activation code. The nice Indian guy on the phone didn’t seem to have a problem when I told him that I’d upgraded the motherboard, but still, am I doing anything wrong? I’m thinking that I might want to get a new copy of XP anyway. I’d like to do a clean install, but my OEM copy is older than either service pack, and I shudder to think of how long it would take to bring it up to speed. It’s nice to hear that you don’t need to have the older version installed to use the Uprade version. I don’t mind saving a hundred bucks 🙂 ---
**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\ **Post date:** [March 17, 2005, 6:05pm UTC](https://boards.straightdope.com/t/cheap-software-on-amazon-com-legal/294902/12 "2005-03-17T18:05:41Z")
> [@Diceman](#): > > I have a related question. I have an OEM version of XP that came with my old Dell computer. Over the years, however, I’ve replaced just about everything (first I upgraded the memory, then the hard drive, and finally I plunked down the money for a new mobo, processor, and case). The only bits of “substantial hardware” that I’m still using are the monitor and DVD-rom drive. Is it still OK for me to be using the OEM version? When I replaced the mobo and processor, I had to call Microsoft and get a new activation code. The nice Indian guy on the phone didn’t seem to have a problem when I told him that I’d upgraded the motherboard, but still, am I doing anything wrong? You’d have to check your particular EULA to be sure. But AFAIK, Windows EULA’s are generally restricted by the number of computers they can be concurrently installed on, but not the actual computer itself. Generally, if an OEM gives you a copy of Windows that will only work on the computer it came with, the fact that you can’t install it on another one is not a legal restriction (provided that you remove all copies from the first computer as required by the EULA) against installing it on a new system, but a technical restriction. It’s questionable what changes to a computer would make it a “new” system as opposed to just an upgrade anyway. I think you’re fine. > [@Diceman](#): > > I’m thinking that I might want to get a new copy of XP anyway. I’d like to do a clean install, but my OEM copy is older than either service pack, and I shudder to think of how long it would take to bring it up to speed. It’s nice to hear that you don’t need to have the older version installed to use the Uprade version. I don’t mind saving a hundred bucks 🙂 There’s no need to buy a new copy of windows just for that. Just [download Service Pack 2](http://www.microsoft.com/downloads/details.aspx?FamilyId=049C9DBE-3B8E-4F30-8245-9E368D3CDB5A&displaylang=en) and burn it to a cd before you do the reinstall. Then, after reinstalling, update Windows **before** connecting to a network. You should be fine. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [March 17, 2005, 6:29pm UTC](https://boards.straightdope.com/t/cheap-software-on-amazon-com-legal/294902/13 "2005-03-17T18:29:42Z")
If your XP CD doesn’t already contain Service Pack 2, [here](http://www.pcmag.com/article2/0,1759,1747010,00.asp) is an article explaining how to create a new CD that includes SP2, starting with your current XP CD. ---
**Author:** ![Electronic\_Chaos](https://avatars.discourse-cdn.com/v4/letter/e/bbe5ce/32.png) [@Electronic\_Chaos](https://boards.straightdope.com/u/Electronic_Chaos)\ **Post date:** [March 17, 2005, 6:42pm UTC](https://boards.straightdope.com/t/cheap-software-on-amazon-com-legal/294902/14 "2005-03-17T18:42:03Z")
> [@Diceman](#): > > I have a related question. I have an OEM version of XP that came with my old Dell computer. Over the years, however, I’ve replaced just about everything (first I upgraded the memory, then the hard drive, and finally I plunked down the money for a new mobo, processor, and case). The only bits of “substantial hardware” that I’m still using are the monitor and DVD-rom drive. Is it still OK for me to be using the OEM version? When I replaced the mobo and processor, I had to call Microsoft and get a new activation code. The nice Indian guy on the phone didn’t seem to have a problem when I told him that I’d upgraded the motherboard, but still, am I doing anything wrong? > > I’m thinking that I might want to get a new copy of XP anyway. I’d like to do a clean install, but my OEM copy is older than either service pack, and I shudder to think of how long it would take to bring it up to speed. It’s nice to hear that you don’t need to have the older version installed to use the Uprade version. I don’t mind saving a hundred bucks 🙂 Legally, you’re hunky dory. However, Dell CDs will only work with Dell computers. There’s a special key in the BIOS that the installation discs look for before installing XP, so if you ever need to do a fresh install, you’ll probably need to get a new copy. Not sure if the Dell CDs will work when upgrading, though, so unless you’ve got a 95, 98, or ME CD laying about, you may need to buy the full version. As for the OP…well, see above. Unless it’s a Dell computer, the CD won’t work.