Go Back  DVD Talk Forum > General Discussions > Tech Talk
Reload this Page >

Is it legal to let a friend borrow my Windows CD?

Tech Talk Discuss PC Hardware, Software, Internet and Other Technology

Is it legal to let a friend borrow my Windows CD?

Old 02-13-10, 04:29 PM
  #1  
DVD Talk Hero
Thread Starter
 
D.Pham4GLTE (>60GB)'s Avatar
 
Join Date: Jul 2001
Location: Stick out your tongue!
Posts: 39,346
Likes: 0
Received 0 Likes on 0 Posts
Is it legal to let a friend borrow my Windows CD?

Well, a friend of mine misplaced his Windows CD, and asked if he could borrow mine. Is it legal to let him borrow it? I would only lend him the CD (i.e. no key).
Old 02-13-10, 06:45 PM
  #2  
DVD Talk Special Edition
 
danwiz's Avatar
 
Join Date: Dec 2000
Location: Fairbanks, Alaska
Posts: 1,858
Received 0 Likes on 0 Posts
Re: Is it legal to let a friend borrow my Windows CD?

Well, the CD without the key is like letting him borrow your car, but not giving him the keys it seems - a waste of time. Am I wrong? As to the legality of the way you are doing it - I don't see why not.
Old 02-13-10, 07:24 PM
  #3  
DVD Talk Gold Edition
 
Join Date: Mar 2000
Posts: 2,827
Likes: 0
Received 0 Likes on 0 Posts
Re: Is it legal to let a friend borrow my Windows CD?

Originally Posted by danwiz View Post
Well, the CD without the key is like letting him borrow your car, but not giving him the keys it seems - a waste of time. Am I wrong? As to the legality of the way you are doing it - I don't see why not.
Because he may have his own key, just not the media.

Yes, its legal.
Old 02-13-10, 07:51 PM
  #4  
DVD Talk Legend
 
Join Date: Jan 2000
Posts: 16,173
Likes: 0
Received 0 Likes on 0 Posts
Re: Is it legal to let a friend borrow my Windows CD?

The key is what determines your version from anyone else's, the media is generic and the same for each version of windows (corporate, retail, oem, etc) As long as his key works with your media, it's fine.
Old 02-13-10, 09:54 PM
  #5  
DVD Talk Hall of Fame
 
Join Date: Jan 2000
Location: Somewhere out there... YES THERE!!!
Posts: 7,936
Likes: 0
Received 0 Likes on 0 Posts
Re: Is it legal to let a friend borrow my Windows CD?

Exactly, it is not illegal as t he software is freely downloadable around the web, even ms's website i believe, at least for windows 7. The key is what is illegal to duplicate. If it's a valid legal key different from yours then it is quite alright.
Old 02-13-10, 11:12 PM
  #6  
DVD Talk Legend
 
Join Date: Oct 2001
Posts: 17,911
Received 15 Likes on 13 Posts
Re: Is it legal to let a friend borrow my Windows CD?

Originally Posted by glassdragon View Post
Exactly, it is not illegal as t he software is freely downloadable around the web, even ms's website i believe, at least for windows 7.
Windows is not freely available on the web, at least not legally. MS only freely distributes the the time-limited betas and Release Candidates, before the final version is released. Windows 7 final was only available to people who purchased it online, or had one of MS's various software subscriptions.

I think it's okay to let a friend borrow a disc, as long as the friend uses their own key. However, it's not legal to make a copy of the disc for your friend.

Note: make sure that the disc you loan is for the proper version of Windows your friend has. Besides the difference between Home, Pro, and other editions, there's the difference between Retail, OEM, and other licenses. Both XP and 7 have different media for the different combination of edition and license, while a Vista retail disc should be able to accept and install any key type.
Old 02-14-10, 02:32 AM
  #7  
DVD Talk Legend
 
Heat's Avatar
 
Join Date: Dec 2000
Location: Central Illinois
Posts: 16,701
Likes: 0
Received 0 Likes on 0 Posts
Re: Is it legal to let a friend borrow my Windows CD?

Originally Posted by Jay G. View Post
...I think it's okay to let a friend borrow a disc, as long as the friend uses their own key. However, it's not legal to make a copy of the disc for your friend...
Why not?

I would give the friend a copy of the disks, to make sure nothing happens to the originals. He has his own key, it's not a big deal and not "illegal". Or let me put it this way - there is zero chance of the cops busting down his door and arresting him for making a copy of the disks without a key.
Old 02-14-10, 07:23 AM
  #8  
DVD Talk Hero
 
Join Date: Aug 2001
Location: in da cloud
Posts: 26,196
Likes: 0
Received 0 Likes on 0 Posts
Re: Is it legal to let a friend borrow my Windows CD?

if MS finds out you're pirating WIndows they will send their black booted storm troopers after you
Old 02-14-10, 09:31 AM
  #9  
DVD Talk Legend
 
Join Date: Jan 2000
Posts: 16,173
Likes: 0
Received 0 Likes on 0 Posts
Re: Is it legal to let a friend borrow my Windows CD?

Originally Posted by Heat View Post
Why not?
I am pretty sure you can't make copies due to MS license restrictions.

Simple explanation is because MS sells the 'keyless' disk itself as a product and only authorizes it's 'partners' (mostly VLPs) to replicate the disk. Unless you are authorized by MS to replicate the disk, making copies is illegal. You can buy them for like $25

I would give the friend a copy of the disks, to make sure nothing happens to the originals. He has his own key, it's not a big deal and not "illegal". Or let me put it this way - there is zero chance of the cops busting down his door and arresting him for making a copy of the disks without a key.
I agree no one is going to come after you for it, but asking the question in a forum if it's legal or not is a different story, it's not legal IMO unless something has fairly recently changed in MS licensing and distribution fine print. I have not been tied up in the MS licensing and media red tape in a couple years, this is just what I remember.
Old 02-14-10, 11:36 AM
  #10  
DVD Talk Gold Edition
 
Join Date: Apr 2001
Posts: 2,119
Likes: 0
Received 0 Likes on 0 Posts
Re: Is it legal to let a friend borrow my Windows CD?

yes it's legal however if it is a manufacture specific copy (HP, DELL, etc) they will need to be the same manufacture. So a DELL OEM disk will not work with an HP machine.
Old 02-14-10, 11:55 AM
  #11  
DVD Talk Hero
 
Join Date: Aug 2001
Location: in da cloud
Posts: 26,196
Likes: 0
Received 0 Likes on 0 Posts
Re: Is it legal to let a friend borrow my Windows CD?

Originally Posted by strife View Post
yes it's legal however if it is a manufacture specific copy (HP, DELL, etc) they will need to be the same manufacture. So a DELL OEM disk will not work with an HP machine.

Not true at all
Old 02-14-10, 02:58 PM
  #12  
DVD Talk Platinum Edition
 
Join Date: Oct 2005
Location: chicago
Posts: 3,103
Likes: 0
Received 0 Likes on 0 Posts
Re: Is it legal to let a friend borrow my Windows CD?

if it was illegal would you tell your friend tough shit and have him find a disk elsewhere?
Old 02-14-10, 03:09 PM
  #13  
DVD Talk Legend
 
Join Date: Oct 2001
Posts: 17,911
Received 15 Likes on 13 Posts
Re: Is it legal to let a friend borrow my Windows CD?

Originally Posted by Heat View Post
Why not?
Because the disc contains copyrighted material, and MS doesn't allow people to make copies for distribution (unless they're licensed to, like with major OEMs).

Or let me put it this way - there is zero chance of the cops busting down his door and arresting him for making a copy of the disks without a key.
Just because you're unlikely to get caught doesn't make it legal.


Originally Posted by strife View Post
[If] it is a manufacture specific copy (HP, DELL, etc) they will need to be the same manufacture. So a DELL OEM disk will not work with an HP machine.
Major OEMs often have install discs that have System Locked Preinstallation (SLP) keys already stored on them, to allow end users to re-install the OS without having to enter a key. However, this key is tied to a specific manufacturer via checking the BIOS; if the BIOS doesn't match, the SLP key isn't used, and the installer asks for another OEM key.

So having matching manufacturer-specific media is best, but if the PC and media don't match, the disc works much like a generic OEM copy.

The keys on the side of a PC will work for installation, but for activation you'll have to call MS, no online activation is possible with these keys.
Old 02-14-10, 05:02 PM
  #14  
New Member
 
RForte1189's Avatar
 
Join Date: Dec 2007
Location: Northern NJ
Posts: 304
Likes: 0
Received 0 Likes on 0 Posts
Re: Is it legal to let a friend borrow my Windows CD?

Originally Posted by 4KRG View Post
I am pretty sure you can't make copies due to MS license restrictions.

Simple explanation is because MS sells the 'keyless' disk itself as a product and only authorizes it's 'partners' (mostly VLPs) to replicate the disk. Unless you are authorized by MS to replicate the disk, making copies is illegal. You can buy them for like $25



I agree no one is going to come after you for it, but asking the question in a forum if it's legal or not is a different story, it's not legal IMO unless something has fairly recently changed in MS licensing and distribution fine print. I have not been tied up in the MS licensing and media red tape in a couple years, this is just what I remember.
wrong - making copies of software discs is NOT illegal, profiteering off of those copies is.
Old 02-14-10, 05:36 PM
  #15  
DVD Talk Legend
 
Join Date: Jan 2000
Posts: 16,173
Likes: 0
Received 0 Likes on 0 Posts
Re: Is it legal to let a friend borrow my Windows CD?

Originally Posted by RForte1189 View Post
wrong - making copies of software discs is NOT illegal, profiteering off of those copies is.
Microsoft is special, please provide a link if I am so wrong.
Old 02-14-10, 05:38 PM
  #16  
Moderator
 
Groucho's Avatar
 
Join Date: Mar 2000
Location: Salt Lake City, Utah
Posts: 70,865
Likes: 0
Received 0 Likes on 0 Posts
Re: Is it legal to let a friend borrow my Windows CD?

Originally Posted by RForte1189 View Post
wrong - making copies of software discs is NOT illegal, profiteering off of those copies is.
So, it's okay for me to copy any software CD I want and hand it out for free?
Old 02-14-10, 05:43 PM
  #17  
DVD Talk Legend
 
Join Date: Jan 2000
Posts: 16,173
Likes: 0
Received 0 Likes on 0 Posts
Re: Is it legal to let a friend borrow my Windows CD?

You can look up the EULA to Windows XP here

http://www.microsoft.com/About/Legal...s/Default.aspx

You are allowed to make ONE copy for your own archive purposes and it states you may not redistribute

I love how everyone on the internet is an expert

Last edited by 4KRG; 02-15-10 at 02:52 PM.
Old 02-14-10, 11:45 PM
  #18  
DVD Talk Legend
 
Join Date: Oct 2001
Posts: 17,911
Received 15 Likes on 13 Posts
Re: Is it legal to let a friend borrow my Windows CD?

Originally Posted by RForte1189 View Post
wrong - making copies of software discs is NOT illegal, profiteering off of those copies is.
Nope, distributing copies of copyrighted material is illegal, regardless of whether or not anyone makes money. This is how the RIAA is able to go after end-users of file-sharing programs, because they're uploading music to others, even though they do it for free.

See myth #2 on this link:
http://www.templetons.com/brad/copymyths.html

Or this link:
http://www.copyright.gov/help/faq/faq-fairuse.html#p2p





Originally Posted by 4KRG View Post
You can look up the EULA to Windows XP here

http://www.microsoft.com/About/Legal...s/Default.aspx
I looked up the Windows 7 EULA. Here's an excerpt from Section 8:
8. SCOPE OF LICENSE.... You may not:
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
publish the software for others to copy;
rent, lease or lend the software
So MS technically even considers lending the disc to be infringement, although I don't think they really enforce it.
Old 02-15-10, 01:36 PM
  #19  
DVD Talk Hero
Thread Starter
 
D.Pham4GLTE (>60GB)'s Avatar
 
Join Date: Jul 2001
Location: Stick out your tongue!
Posts: 39,346
Likes: 0
Received 0 Likes on 0 Posts
Re: Is it legal to let a friend borrow my Windows CD?

no mention of stealing right? so if i leave it on my desk and he happens to steal it from me, then later, decide that stealing is wrong and return it to me, then i should not be violating EULA right?
Old 02-15-10, 02:56 PM
  #20  
DVD Talk Legend
 
Join Date: Jan 2000
Posts: 16,173
Likes: 0
Received 0 Likes on 0 Posts
Re: Is it legal to let a friend borrow my Windows CD?

Originally Posted by Jay G. View Post
I looked up the Windows 7 EULA. Here's an excerpt from Section 8:

So MS technically even considers lending the disc to be infringement, although I don't think they really enforce it.
That is classic MS, soon they will go so far as to say THINKING about lending out a disk is illegal.

I don't see how 'lending' the MEDIA only would ever even hold up in court should they ever even decide to enforce it. Unless there is some new anti fraud gizmo in windows 7 (and there could be) MS wouldn't know what media it was installed from as long as you used your legal key.

Since courts generally demand proof, I don't see where MS would get proof of a borrowed CD from (unless as I said before their is a new antoi fraud gizmo in the install that puts an ESN on your disk and copys it to the installed version on the hard drive).
Old 02-15-10, 03:37 PM
  #21  
DVD Talk Legend
 
Join Date: Oct 2001
Posts: 17,911
Received 15 Likes on 13 Posts
Re: Is it legal to let a friend borrow my Windows CD?

Originally Posted by D.Pham00 View Post
no mention of stealing right? so if i leave it on my desk and he happens to steal it from me, then later, decide that stealing is wrong and return it to me, then i should not be violating EULA right?
You wouldn't be violating the EULA, but your friend would be (he has to agree to the EULA in order to re-install Windows). And that's aside from him illegally stealing it from you in the first place.

Originally Posted by 4KRG View Post
I don't see how 'lending' the MEDIA only would ever even hold up in court should they ever even decide to enforce it.
The question was about legality, not about enforcement.

In reality, MS is only interested in large-scale pirating of its software: posting the install discs on file-sharing sites/programs, or making tens to hundreds of physical copies. They're never going to care about someone borrowing a disc from a friend to re-install their Windows with a properly licensed key. However, in order to make sure there's no legal loopholes for the larger pirates, they have to make sure their copying policy is as restrictive as possible.
Old 02-15-10, 04:16 PM
  #22  
DVD Talk Hall of Fame
 
The Man with the Golden Doujinshi's Avatar
 
Join Date: Oct 2006
Location: Mister Peepers
Posts: 7,883
Likes: 0
Received 0 Likes on 0 Posts
Re: Is it legal to let a friend borrow my Windows CD?

Originally Posted by 4KRG View Post
I don't see how 'lending' the MEDIA only would ever even hold up in court should they ever even decide to enforce it. Unless there is some new anti fraud gizmo in windows 7 (and there could be) MS wouldn't know what media it was installed from as long as you used your legal key.
If you're in court and you're being accused of that, you'll also have done something else that got their attention.
Old 02-15-10, 04:29 PM
  #23  
DVD Talk Legend
 
Join Date: Jan 2000
Posts: 16,173
Likes: 0
Received 0 Likes on 0 Posts
Re: Is it legal to let a friend borrow my Windows CD?

Can you PROVE I lent someone my CD? I am just saying, it is an insane concept even for someone like MS. I understand why they say it, but still pushing the envelope of legality IMO. I would like to see it hold up in court assuming the lender and lendee plea the 5th

Maybe peepers is right, just a gotcha they have in the back for when they have you on something else anyway.
Old 02-15-10, 04:47 PM
  #24  
Moderator
 
Groucho's Avatar
 
Join Date: Mar 2000
Location: Salt Lake City, Utah
Posts: 70,865
Likes: 0
Received 0 Likes on 0 Posts
Re: Is it legal to let a friend borrow my Windows CD?

Originally Posted by Jay G. View Post
In reality, MS is only interested in large-scale pirating of its software: posting the install discs on file-sharing sites/programs, or making tens to hundreds of physical copies. They're never going to care about someone borrowing a disc from a friend to re-install their Windows with a properly licensed key. However, in order to make sure there's no legal loopholes for the larger pirates, they have to make sure their copying policy is as restrictive as possible.
This is the correct answer. Microsoft does not care if somebody lends a buddy discs so they can reinstall software they have already purchased a key for. People are playing MS as the bad guy here, but let's face it: they can't allow it (on paper anyway) because it creates a loophole.
Old 02-15-10, 06:02 PM
  #25  
DVD Talk Legend
 
bunkaroo's Avatar
 
Join Date: Oct 2002
Location: Chicago West Suburbs
Posts: 15,622
Received 1 Like on 1 Post
Re: Is it legal to let a friend borrow my Windows CD?

Just because he has a key, it might not work with your disc.

I while back I decided to use my mom's XP Home CD for an install instead of mine since it was 2 years newer and I wouldn't have to do as much updating after the fact. I couldn't use my key against her CD. - wouldn't accept it.

Thread Tools
Search this Thread

Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information

Copyright 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.