Hi,
Just a technical question on what is legal and what is not. I buy a printer, lets say a cannon, and after a while the black ink runs out, can I legally refill the cartridge as I bought it and it is mine? Or because it is a registered product o9f Cannon, do I have to buy new from Cannon? I understand that using a refill will void the warranty, but is is legal?
I buy a new printer from Epson and I set it up with continuous ink system, is this legal?
The way I see it is if I buy the product, it is mine and I can do what I want with it and after I modify it I can sell it like that. But, if I buy a program and modify it, I could not sell it as it is not mine even thought I bought it as I only bought a copy of the program not the program. Therefore, do I but the printer or just a copy? Do I own the rights to modify that printer, throw it in the garbage or sell it again? (I am not into selling modified printers, just asking.)
I have my thoughts so I am not interested in what you think, only what you may know to be legal or not. It would never happen but I could not stand up in court and say well I did it because *#^&* said he thought it was legal.

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All 12 Replies

Why would you start a thread in the Geek's Lounge and then say this? I mean what's the point of starting a thread if you don't want other peoples' opinions?

I have my thoughts so I am not interested in what you think

Question #2.
I have a file missing on my windows setup an my windows OS CD is 50 miles away, can I legally borrow someone's CD and copy that file to my OS?
I need to do a install/repair but I do not have my OS CD with me, can I borrow someone's Cd to do a repair to my OS?
I need to make a new OS CD as mine has been damaged, can I use someone's CD to make a new one?
Can I use a friends OS CD to do anything?

Question #2.
Duplicate posting

Why would you start a thread in the Geek's Lounge and then say this? I mean what's the point of starting a thread if you don't want other peoples' opinions?

Hi,
As I said, I am after fact not opinion, therefore if you think it is or is not legal has no bearing on the subject. If you know that it is legal or illegal then it is very relevant.

"Please Mr. policeman, I was only doing twice the speed limit because Vernon thought it was legal to do it here."

I was only selling copies of windows 9 because I was told they thought that it was legal for me to make copies and sell them."

Yes. They are two entirely different things. You dont buy a copy of some software, you buy a license to use it as per those terms. With a printer, you do buy the actual thing.

Exactly like with Satellite TV. You sign a contract (analgous to an EULA) which allows you to use thier service as per that agreement. You do not own the box they provide you with nor the services it provides, just the rights to use it as per the agreement. Exactly the same as with software.

commented: Typically, a good answer +0

Hi jbennet,
Thank you for your reply, not only did you answer my question you explained it.
Can you do the same to my question about OS CD's, I have searched but I can not find the information about what I can or can not do with a Windows OS CD/DVD.

I have been doing a lot of searching and this is the best I can find…..
This is not an official answer but a legal opinion in the site:-

"Resources for IT Professionals > Forums Home > Microsoft Genuine Advantage Forums > Windows XP Genuine Advantage Validation Issues (Windows XP) > Using media at hand"
http://social.microsoft.com/Forums/en-US/genuinewindowsxp/thread/5f285059-e51e-46ad-8ab2-744aef91c8a0/

"If the computer in question has a legal license to use a particular version of the operating system, then it is perfectly legitimate to use any installation disc for that version of the OS to do the reinstall. So if your computer has a COA for XP Home, you can legally use any XP home CD. If it has a license for Windows 98, you can legally use any Windows 98 CD. After all, it is the COA on the computer's case that gives one the right to use the software, not the CD. The CD is simply a tool that allows one to exercise their right to use the licensed software."
(Copied from a posting by B. Cohen)

"The simplest means that I found to get the right CD was an online chat with a Dell rep. I would have used any of the other options I mentioned (locate my original installation CD, or get a replacement from Dell, or find someone with the right version--and use my key in each case) to get the system going since the license is valid."
(Copied from a posting from Alfman1951)

If you have purchased a version of Windows, if you then use a different, even stolen version of Windows but can prove that you purchased it previously. . it is still illegal, but highly unlikely that you would ever be prosecuted for it. The same as if you bought a CD before, lost it, still had the receipt, then downloaded the entire thing off the internet.

Hi,
Thank you for that answer, I should have made it clearer earlier I want to know so that I can advise posters here what they can and can not do in regard to a lost/damaged OS CD. I don't want to be giving information that is against the EULA.

I have read and re-read EULA and as I understand, I can do just about anything I want with the Windows XP CD except copy it. (EULA 1.5) but I can not find any information anywhere to confirm this.
Logic states that if I buy a license for Windows XP Pro, I hold that license to use the software, not a license on the use the CD, until I decide to dispose of it. The Operating System Compact Disc is just hardware, a tool to load the licensed software and not subject to the EULA. But then EULA goes on to state that I can not copy that disc expect.... (You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other Workstation Computers over an internal network )
As the EULA states that I can install the program on another PC if I purchase another license (you must acquire and dedicate an additional license for each separate Workstation Computer on or from which the Software is installed), I assume that if a license is already held, that is a copy of the software was legally installed, registered and now not running on a PC, a re-installation from any installation CD would be legal.

EULA
1.1 Installation and use. You may install, use, access, display and run one copy of the Software on a single computer, such as a workstation, terminal or other device ("Workstation Computer"). The Software may not be used by more than one processor at any one time on any single Workstation Computer.

1.5 Storage/Network Use. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other Workstation Computers over an internal network; however, you must acquire and dedicate an additional license for each separate Workstation Computer on or from which the Software is installed, used, accessed, displayed or run. Except as otherwise permitted by the NetMeeting and Remote Assistance features described above, a license for the Software may not be shared or used concurrently on different Workstation Computers.

This thread just has no direct answer so I shall help explain to Bob

Just a technical question on what is legal and what is not. I buy a printer, lets say a cannon, and after a while the black ink runs out, can I legally refill the cartridge as I bought it and it is mine?

From my understanding it is ok to fill the ink cartage yourself if you have a legal supply of ink however then the manufacture will nolonger having anything to do with you. In other words no support, no warranty, no guaranteed replacement printer etc. So unlike the cyberworld for most things in the real world are actually your responsibility if they are your property. So you can do just about anything that is your property as long as it's not part of the cyberworld or under terms of an agreement. And as for the printer, if you discard the warranty and the support then there is no agreement meaning you can do what you want with it although you couldn't resell it due to the issue of the manufacture did the majority of the designing of the printer which comes under another contract/agreement.

As far as I am aware that is how it works or at least in Australia and perhaps searching on the internet through law support websites for your country may help.

Hi all,
As I thought it best to ask the owner (Microsoft) and they got back to me as shown below...
This information is from :-
Windows > Windows XP Forums > System repair and recovery > Legal use of Windows XP installation disc.

The questions asked with the answers by cybertek MVP, Moderator were:-
What can I use the installation CD to do and what can I not use it for?
1. Can I use my XP Pro disc to reinstall a missing file in a friends XP Pro?
Yes you can
2. Can I use my XP Pro disc to do a repair/install on my friends XP Pro PC?
You cannot run a Repair because the Product Key is different
You can do an installation of XP as long as your friend has his own legal Product Key to use during the installation
3. My friend had to format his PC, can I do a re-installation with my XP Pro CD on his PC using his license number?
Yes. It is really the licence number (Product Key) you pay for.
4. Can I make a copy of my XP Pro installation disc for my friend as his is badly damaged?
Yes as long as he has his own legal Product Key
5. If the answer is no to any of these questions, how can my friend solve his problem without buying a new license for Windows XP Pro just to get a new copy?
The answers above presuppose you both have Retail copies of XP.
You would run into problems if either of you have an OEM system such as Dell, HP etc.

Hi all,
As I thought it best to ask the owner (Microsoft) and they got back to me as shown below...
This information is from :-
Windows > Windows XP Forums > System repair and recovery > Legal use of Windows XP installation disc.

I like the way you constantly refer to "replies" made by other people, yet never with any evidence to said replies. Note also that in this case, whereas Microsoft is the owner, and both Bill Gate or any other MS exec has legal right to any Windows or general MS product, all this s'posed "info" simply came from one of the official site's moderators. Sounds impressive, but is hardly gospel; given that the Mod has no legal standing and likely has no law degree to be fully educated in all the intricacies of the usual EUA that MS (along with many other software vendors by the way) is famous for attaching to their wares.... but thanks for sharing :D

What is most poignant is the contradiction btwn points 2 & 3... you can't do a repair install but you can perform a full install of Windows... WTF??? So long as the "friend" has a legally purchased serial/key for the appropriate version of Windows, BOTH options a perfectly legal!

Here's a REAL kicker for you. One can not only DL the trial version of ANY currently supported Windows build from MS (although usually only the latest OS version openly linked) and register it with a legally purchased serial/key from MS; one can can actually DL/obtain a copy of Windows from any source (although technically the actual downloading is illegal), purchase a key, and quite legally install and register said copy of Windows.... all the while saving an absolute bundle. As you yourself highlighted, the rights are actually in the serial itself. When you buy a copy of Windows (either physically or digitally), you are not actually purchasing Windows itself. Microsoft reserves all ownership rights to Windows itself... you are simply purchasing the right to use/install said copy of Windows, as well as paying for the actual software-package, in whatever form you have obtained it in. If by some chance you already have the software, all you need purchase is the serial itself!

In other words, so long as you have a legally obtained serial/key for the version of Windows in your personage, you can legally perform any install or repair you like.

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