WindowsXP Home Edition

[Janine]

Hello,

I purchased a computer from a small business store about
a half a year ago. I just recently found out that I did
not receive the Windows XP Home Edition CD with my
computer. I paid for it and I have a reciept. I just
want to know if I am entitled to the CD because if
anything goes wrong with my computer I would not have the
CD to restore it. I spoke with the business owner today
he told me he had the right to not give it to me if he
didn't want to. Do I have ownership of the CD? and if I
do what steps can I take to retrieve it from the
manufacturer? Please help anyone. I cannot get in touch
with microsoft at all.

Thank you,

Janine Daly

[JC Carter]

[David Candy]

He is allowed by MS to sell it without a CD. Buying XP with a computer =
does not always mean with CD. He has to provide some way of restoring it =
though.

If your invoice says with CD then that's not a problem for this group =
but consumer affairs.

But with XP does not mean with CD, though it may.

--=20
http://www.g2mil.com/Apr2003.htm
http://prorev.com/forbesrussia.htm
---------------------------------------------------------------
David Candy
http://www.mvps.org/serenitymacros
---------------------------------------------------------------
"Janine" > wrote in message =
...
> Hello,
>=20
> I purchased a computer from a small business store about=20
> a half a year ago. I just recently found out that I did=20
> not receive the Windows XP Home Edition CD with my=20
> computer. I paid for it and I have a reciept. I just=20
> want to know if I am entitled to the CD because if=20
> anything goes wrong with my computer I would not have the=20
> CD to restore it. I spoke with the business owner today=20
> he told me he had the right to not give it to me if he=20
> didn't want to. Do I have ownership of the CD? and if I=20
> do what steps can I take to retrieve it from the=20
> manufacturer? Please help anyone. I cannot get in touch=20
> with microsoft at all.
>=20
> Thank you,
>=20
> Janine Daly

[Len Segal]

Janine,

1. Assuming that you purchased a new "non branded" (not one of the major
mfrs that we'd all recognize) computer, they MUST LEGALLY provide the CD if
they are providing WinXP pre-loaded on the system. Anything else and it is
called "PIRACY"!

2. If it is a "national brand" PC, then the mfr has the LEGAL RIGHT to sell
the computer WITHOUT the CD, but must provide a means of restoration (hidden
partition on the HDD, "recovery CD", etc.).

3. If you purchased a used computer and it came with the WinXP pre-loaded
(and is so noted on the receipt), then either 1. or 2. above MUST apply.

If case #1. applies, you should tell the store manager/owner that "You have
the RIGHT to report him for SOFTWARE PIRACY" to the local police (they won't
do anything), Microsoft, and the Business Software Alliance
http://www.bsa.org/ (the "Gestapo" against software piracy). If he just
shrugs his shoulders and refuses to give you a CD, Product Key AND
Certificate of Authenticity (all factory sealed or it might be a useless
copy of already activated software or counterfeit software), I would
recommend that you do all three above. [Be aware that many small shops "make
their living" off of software piracy, as this is their profit margin. Many
have been prosecuted and lots of them still continue to do the same old
thievery . . . I know of a number of shops like this in my area.] You can
sue in Small Claims Court, but from personal experience the aggravation and
time wasted in court proceedings (numerous trips to court, eating into the
time you could be working for a living) just aren't worth the small amount
of money that you "might recover" (getting the money after a judgment is not
always easy/possible). Personally, I'd chalk it up to experience and just
buy a CD from a legit Retail store. Next time, make sure that everything is
"in the box" before you leave the store if it isn't a major brand product.

If case #2. applies, call the mfr and buy the CD from them (usually sold for
a nominal shipping/handling fee). In this case, the store owner would be
correct and he has no way to get you the CD.

If case #3. applies, they sold a computer with PIRATED software if it isn't
a "national brand", see my comments on case #1. above as it applies here
too. If it is a "national brand" then see my comments on case #2. and handle
it accordingly.

[NOTE: In my couple of dealings with BSA I have found them totally useless
(I was trying to get their scanning software to use to determine if pirated
software is on client machines . . . they offered the software free for the
inquiry but I think it took 12-18 months before I received it from BSA), but
they sure do terrorize the industry and thus they are an effective tool to
scare a vendor into doing the "right thing" for a customer. When they do
raid a business, they do it for the publicity . . . reporters and TV cameras
in tow along with US Marshals to conduct the legal raid. If you do contact
Microsoft's Anti-Piracy folks at you will likely get a
standard Email response, but they do investigate piracy and eventually they
do "bust" the thieves . . . it can take a year or more for them to make the
case, but I know a number of thieving dealers who have been nailed by them
over the years.]

BTW, I am a Microsoft Authorized OEM Dealer (they call it something else
now, but for simplicity sake . . .) and that is how I know what the small
dealers are required by MS Agreement and Law to do.

Good luck!

--

Regards,
Len Segal, MCP
Microsoft - MVP
--------------
My reply address is intentionally wrong to reduce SPAM Email.
NOTE: We do not respond to unsolicited Email support questions,
please post questions in newsgroup.

"Janine" > wrote in message
...
> Hello,
>
> I purchased a computer from a small business store about
> a half a year ago. I just recently found out that I did
> not receive the Windows XP Home Edition CD with my
> computer. I paid for it and I have a reciept. I just
> want to know if I am entitled to the CD because if
> anything goes wrong with my computer I would not have the
> CD to restore it. I spoke with the business owner today
> he told me he had the right to not give it to me if he
> didn't want to. Do I have ownership of the CD? and if I
> do what steps can I take to retrieve it from the
> manufacturer? Please help anyone. I cannot get in touch
> with microsoft at all.
>
> Thank you,
>
> Janine Daly


---
Outgoing mail is certified Virus Free.
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.476 / Virus Database: 273 - Release Date: 4/24/2003