Win98 now considered abandonware?

No. It is not legally OK to run an unlicensed copy of Windows 98, and it
won't be until Microsoft officially places the software in the public
domain, which is not likely to happen any time soon.
--
Jeff Richards
MS MVP (Windows - Shell/User)
"gluino" wrote in message
...
Is it now (in 2009) legally OK to run unlicensed copies of Win98 /
Win98SE?

Jeff Richards wrote:

No. It is not legally OK to run an unlicensed copy of Windows 98

What exactly is an unlicensed copy?

A product key represents the license.

You must provide a product key and agree to the EULA in order to install
and operate the product.

Microsoft has no way of knowing that you have installed and are running
any copy of windows 98.

Jeff Richards wrote:

No. It is not legally OK to run an unlicensed copy of Windows 98

What exactly is an unlicensed copy?

A product key represents the license.

You must provide a product key and agree to the EULA in order to install
and operate the product.

Microsoft has no way of knowing that you have installed and are running
any copy of windows 98.

An unlicensed copy is a copy of the software for which the user does not
have a valid license provided by Microsoft, either through purchase of a
Microsoft or OEM product, or obtained through transfer from the previous
licensee.

The process by which the license can be transferred from the previous
licensee is defined in the license terms.

A product key is not a license - it's simply a mechanism by which you
confirm your acceptance of the license that you have acquired. Entering a
product key does not create a license if it doesn't already exist (as has
been discussed here in detail in the past).
--
Jeff Richards
MS MVP (Windows - Shell/User)
"98 Guy" wrote in message ...
Jeff Richards wrote:

No. It is not legally OK to run an unlicensed copy of Windows 98

What exactly is an unlicensed copy?

A product key represents the license.

You must provide a product key and agree to the EULA in order to install
and operate the product.

Microsoft has no way of knowing that you have installed and are running
any copy of windows 98.

An unlicensed copy is a copy of the software for which the user does not
have a valid license provided by Microsoft, either through purchase of a
Microsoft or OEM product, or obtained through transfer from the previous
licensee.

The process by which the license can be transferred from the previous
licensee is defined in the license terms.

A product key is not a license - it's simply a mechanism by which you
confirm your acceptance of the license that you have acquired. Entering a
product key does not create a license if it doesn't already exist (as has
been discussed here in detail in the past).
--
Jeff Richards
MS MVP (Windows - Shell/User)
"98 Guy" wrote in message ...
Jeff Richards wrote:

No. It is not legally OK to run an unlicensed copy of Windows 98

What exactly is an unlicensed copy?

A product key represents the license.

You must provide a product key and agree to the EULA in order to install
and operate the product.

Microsoft has no way of knowing that you have installed and are running
any copy of windows 98.

Thanks for the input.

Might it be "OK" in weaker sense?
Perhaps due to its EOL status, Win98 is entirely off the radar of
enforcement?
Not OK in principle, but OK in practice?

On Jul 30, 8:42*am, "Jeff Richards" wrote:
No. *It is not legally OK to run anunlicensedcopy of Windows 98, and it
won't be until Microsoft officially places the software in the public
domain, which is not likely to happen any time soon.
--
Jeff Richards
MS MVP (Windows - Shell/User)"gluino" wrote in message
...

Is it now (in 2009) legally OK to rununlicensedcopiesofWin98/
Win98SE?

Thanks for the input.

Might it be "OK" in weaker sense?
Perhaps due to its EOL status, Win98 is entirely off the radar of
enforcement?
Not OK in principle, but OK in practice?

On Jul 30, 8:42*am, "Jeff Richards" wrote:
No. *It is not legally OK to run anunlicensedcopy of Windows 98, and it
won't be until Microsoft officially places the software in the public
domain, which is not likely to happen any time soon.
--
Jeff Richards
MS MVP (Windows - Shell/User)"gluino" wrote in message
...

Is it now (in 2009) legally OK to rununlicensedcopiesofWin98/
Win98SE?

Your question related to the principle, and I think that's the only basis on
which it would be proper to offer advice in a public forum.

It is not reasonable to assume that illegal use of W98 is entirely off the
radar, as there is a lot that is common between W98 and later versions of
Windows, and MS has legal reasons for not wanting to appear to condone
licensing infringements, however old the product. It's probable that there
is not much active enforcement happening outside those areas where serious
commercial copying is occurring, but there are probably very few people who
really know. We do know that MS monitors eBay offerings and will make
enquiries with sellers who appear to have unlimited supplies.
--
Jeff Richards
MS MVP (Windows - Shell/User)

"gluino" wrote in message
...
Thanks for the input.

Might it be "OK" in weaker sense?
Perhaps due to its EOL status, Win98 is entirely off the radar of
enforcement?
Not OK in principle, but OK in practice?

On Jul 30, 8:42 am, "Jeff Richards" wrote:
No. It is not legally OK to run anunlicensedcopy of Windows 98, and it
won't be until Microsoft officially places the software in the public
domain, which is not likely to happen any time soon.
--
Jeff Richards
MS MVP (Windows - Shell/User)"gluino" wrote in message
...

Is it now (in 2009) legally OK to rununlicensedcopiesofWin98/
Win98SE?

Your question related to the principle, and I think that's the only basis on
which it would be proper to offer advice in a public forum.

It is not reasonable to assume that illegal use of W98 is entirely off the
radar, as there is a lot that is common between W98 and later versions of
Windows, and MS has legal reasons for not wanting to appear to condone
licensing infringements, however old the product. It's probable that there
is not much active enforcement happening outside those areas where serious
commercial copying is occurring, but there are probably very few people who
really know. We do know that MS monitors eBay offerings and will make
enquiries with sellers who appear to have unlimited supplies.
--
Jeff Richards
MS MVP (Windows - Shell/User)

"gluino" wrote in message
...
Thanks for the input.

Might it be "OK" in weaker sense?
Perhaps due to its EOL status, Win98 is entirely off the radar of
enforcement?
Not OK in principle, but OK in practice?

On Jul 30, 8:42 am, "Jeff Richards" wrote:
No. It is not legally OK to run anunlicensedcopy of Windows 98, and it
won't be until Microsoft officially places the software in the public
domain, which is not likely to happen any time soon.
--
Jeff Richards
MS MVP (Windows - Shell/User)"gluino" wrote in message
...

Is it now (in 2009) legally OK to rununlicensedcopiesofWin98/
Win98SE?

gluino wrote:

Thanks for the input.

Might it be "OK" in weaker sense?
Perhaps due to its EOL status, Win98 is entirely off the radar of
enforcement?
Not OK in principle, but OK in practice?

It's almost always the case that people that worry about using software
in a "legal" manner are those that are going to use it in a corporate
environment where they believe that they would expose their company to
some liability or suffer some non-trivial penalty if they get caught
using software for which they can't show they posess a "proper" license.

Given that we are talking about windows 98, it's highly *unlikely* that
gluino is considering using windows 98 in a corporate setting.

In a home or small-office environment, the likelyhood is reduced to
close to zero that an angry employee (or ex-employee) or friend or
family member would inform the authorities (or Micro$haft) that there
might be improper use of software at that location, and it is much more
likely that gluino is considering using windows 98 in a home or soho
setting.

The only other possibility is that gluino is building or offering
computers for sale to others, or he is refurbishing computers in or for
a charitable environment, and he has a request for a PC with windows 98
installed on it, and hence since he can't buy windows 98 from Microsoft
or an OEM/VAR channel partner, he's wondering what exactly is the
(enforcement?) status is of the product.

Again I repeat what I've already said, which is that Milkro$oft has no
way of knowing if, when, where or how any copy of Windows 98 is
installed on any PC anywhere in the world. They have no way of knowing
(remotely or directly) if any given windows 98 product key corresponds
to a valid or invalid license or if the owner/operator of the machine is
the valid license holder for the corresponding product key.

My opinion is that if Macro$oft had an expectation of financial gain or
loss with respect to the Windows 98 product that they would still be
selling that product today. If any company no longer sells a product,
then they can no longer expect revenue from that product and hence they
suffer no loss through the transferrence or duplication or any other use
of that product that the marketplace desires of or for it.

Microsoft has sold millions of Windows 98 licenses. Several hundred
million most likely. There is no time limit on those licenses. They
are perpetual licenses. Unless there are more PC's running windows 98
at any given time than there are licenses that were sold, then Microsoft
can't claim (in general) that they have suffered any loss.

Each license gives the license holder the ability to install and/or
operate windows 98 on a single PC. Licenses are transferable.
Microsoft does not register or keep records of who has been assigned the
ownership or possession of which license, nor are they involved in any
documentary or proceedural way when a license-holder gives or sells
their license to someone else, or when a license becomes abandoned by
it's holder and is acquired by someone who discovers it.

So gluino, it all comes down to practicality. Windows 98 is like a book
that is no longer in print. There are a finite number of copies in
circulation. But even books that aren't being printed - they can be
printed at some point in the future by the copyright owner. Windows 98
will never again be "printed" by Microsoft.

There is nothing that is legally preventing you from obtaining one of
those windows 98 licenses that are no longer in use and using it for
yourself, just as if you went to a used book store and obtained a copy
of a book that is no longer in print. What does it mean when you obtain
a windows 98 license? It means that you are in possession of a windows
98 product key. The key is the practical and effective "embodiment" or
representation of the license. The license is just a boilerplate
document that is not even signed by anyone.

Gluino, you will be and are being told here in this forum that
practically speaking, if you don't already own or hold a windows 98
license, then at this point you really can't "legally" acquire or
purchase or obtain one or that your options are severely limited.

There are Microsoft appologists and phsycophants who are paranoidly
devoted to or owe their living and their reputation to Meekro$oft and
will act as Micro$haft's guard dogs and staunchly defend what they
perceive to be Microsoft's best interests, and they are posting replies
to you in this thread.

You will not find ANY actual Microsoft employee post anything in these
windows-98 newsgroups to answer your question or guide or otherwise help
you in this regard.

So, in summary, unless there is anyone close to you that is or could
become your enemy and inform Microsoft or any other authority that you
are operating a questionable copy of windows 98, then there is no other
way that Microsoft could ever or would ever know anything about what
you've done. And to go one step further, Microsoft has NEVER taken
action against individuals in this regard even if they are informed -
only corporations and computer shops that sell computers.

If it was ever put to a test, it's up to Microsoft to prove that you are
not the legitamate owner of a windows 98 license for which you have a
product key for. And it's a virtual impossibility for Microsoft to be
able to do this for Windows 98. Microsoft knows this, and it's the
fundamental reason why they created the on-line product activation for
Windows XP and other software products starting in 2002.