17 replies to this topic

[vbguyny]

I would like to run Windows PE on a few PCs. I know that Microsoft doesn't like people installing their OS without paying a license, but I don't see anywhere that WAIK or Windows PE has a license.

That being said, could distributed my custom version of Win7PE as a download?

[cdob]

I don't see anywhere that WAIK or Windows PE has a license.

Read "Terms for Microsoft Software.RTF" from the WAIK.

[Wonko the Sane]

Just in case:
http://www.msfn.org/...up/page__st__38


This is the "main" part of it, bolded and underlined for your convenience the most relevant parts:

By using the software, you accept these terms. If you do not accept them, do not use the software.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices solely for the purpose of deploying or maintaining Windows Server 2003, Windows Server 2008 and Windows Server 2008-R2, Windows Vista or Windows 7 operating system software on your devices.
2. ADDITIONAL LICENSE RIGHTS. In addition to the rights granted in Section 1, certain portions of the software, as described in this Section 2, are provided to you with additional license rights. These additional license rights are conditioned upon your compliance with the license restrictions described in this Section 2 and Section 3.
• Windows Pre-Installation Environment. You may install and use the Windows Pre-Installation Environment for purposes of diagnosing and recovering Windows operating system software. For the avoidance of doubt, you may not use the Windows Pre-Installation Environment for any other purpose, including without limitation as a general operating system, as a thin client or as a remote desktop client.
• ImageX.exe, Wimgapi.dll, Wimfilter and Package Manager. You may install and use the ImageX.exe, Wimgapi.dll and Wimfilter and Package Manager portions of the software for recovering Windows operating system software. For the avoidance of doubt, you may not use these portions of the software for any other purpose, including without limitation for purposes of backing up your Windows operating system.

Wonko

[steve6375]

You can buy a licence to distribute WinPE from MS but is is very expensive (many tens of $1000's per year, I believe). This is what companies like Symantec do so they can use WinPE as a base recovery OS. A user who has a valid Vista or Win7 licence can run WinPE but you cannot distribute it unless you have a contract with MS. Hence why there are tools to build WinPE using the users copy of Windows...

[Brito]

I have banned harrishmartin.

[panreyes]

Would it be legal if I did a script which downloaded waik and generated everything instead of giving a DVD with WinPE?

Also, would it be legal if I prepared it myself?

Those could be nice alternatives

[Wonko the Sane]

Would it be legal if I did a script which downloaded waik and generated everything instead of giving a DVD with WinPE?

Also, would it be legal if I prepared it myself?

Those could be nice alternatives

I think you are "mixing" two different issues.

One is "redistributability" and you can buy a license (at a high price) to have this "privilege". (or point your hypothetical software to download from the MS servers - though making a direct downnload -without going through the MS download page may still be illegal in some countries)

The other is "limited scope of use", Symantec (cited in the example) is allowed to redistribute BUT NOT to change the scope of the software that - per MS license - is LIMITED.

The difference is that IF (hypothetically) Symantec did not have redistributing rights IT (Symantec) would break the License.
If, on the other hand, a Symantec user decides to use the supplied PE outside the intended licensed for scope he/she breaks the License.

Another small excerpt form the mentione d license:

SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• 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;
• transfer the software or this agreement to any third party; or
• use the software for commercial software hosting services.

What this means is that the license is intended between MS and the "final user".

What (BartPE used to or) Winbuilder projects do is to give the final user a way to better use/build a PE, given that he got the source files and a license for them, then HOW the final user actually uses the result is his/her problem (moral or legal).


Wonko

[vbguyny]

Awesome responses everyone.

I am curious to know what the cost is to distribe the OS. For instance, is the price set at a unit cost ($100 per copy) or is it unlimited at some out rategous cost.

Also, I wonder how they would be able to keep track of this. Since I didn't see anything about activation in WinPE if MS would use the "honor system" and I would have to report the correct number of downloads.

Other thoughts would be I hope that the price of the license is cheaper than an actual copy of Windows 7 since 1) it doesn't have all of the features as a full blown version; and 2) it doesn't receive OS updates.

[Wonko the Sane]

Awesome responses everyone.

I am curious to know what the cost is to distribe the OS. For instance, is the price set at a unit cost ($100 per copy) or is it unlimited at some out rategous cost.

Contact a suitable MS representative and IF you are "eligible" (don't assume this as being "given") you will know.

Also, I wonder how they would be able to keep track of this. Since I didn't see anything about activation in WinPE if MS would use the "honor system" and I would have to report the correct number of downloads.

See above.

Other thoughts would be I hope that the price of the license is cheaper than an actual copy of Windows 7 since 1) it doesn't have all of the features as a full blown version; and 2) it doesn't receive OS updates.

See above.


Wonko

[steve6375]

MS used to licence WinPE on a per copy basis and yes, they relied on the seller to accurately report the numbers but they do audit your accounts to check on demand and units sold annually.
However, as I previously said, I think they are changing this now to a one off annual fee for an unlimited number (or maybe there is a graduated fee scheme e.g. so many $1000's for up to 10,000 licences, so many $1000 for between 10,000 and 100,000 licences etc.). I believe the starting fee is many $10,000s! If you can afford this then contact MS!
The fact that only big companies have a PE based product surely indicates that getting WinPE licensing is not a cheap proposition!

[vbguyny]

Ok. I got off the phone with someone at MS and they said that I *cannot* give out Windows PE to anyone. It can only be used on my devices or within my office.

However the guy said that I can provide a link to the WAIK download and have them run my script to generate their own version of Windows PE. It is a bit silly to have them do all of these steps because there is no licensing and no purchasing on either side.

[vbguyny]

Link to their License: http://www.mediafire...b5s4s6hx5zmwl0p

[panreyes]

It would be perfect if it just had that "limit scope of use" instead of not being able to redistribute.

I'm working on a tool meant to reinstall OSs through LAN by simply selecting a few choices, and I'm thinking about selling it to other computer workshops...

[Tripredacus]

That is what Passmark does. They sell their software and provide a guide on how to use it with WinPE. You can use that same model to sell your software to those shops.

[vbguyny]

The people that will be using my OS are not very computer literate. Hence the reason I was trying to have them click a link to download a program which would burn my WinPE to a CD.

Well, there is always openSUSE studio

[sbaeder]

yes - alternatives like linux are one choice, and having automated scripting that uses the native OS to build the PE are another...Licensing isn't about "common" sense, it is about rights, responsibilities, liabilities, an of course $$$. The "owner" od the material want to maximize the $$$, and minimize the liability (and cost, etc.)

Hence tools like BartPE, which started a lot of this, and (of course) our beloved WinBuilder!

[panreyes]

I would love to use Linux, but I wouldn't be able to use many tools, like Imagex, bootsect, bcdboot, regedit, etc...

Also, I don't know how Linux manages NTFS permissions right now, but seems like a Windows OS installed through Linux would have FAT like permissions.

[sbaeder]

I guess it all depends on what tools you need, or what types of permissions you need to manipulate. It sure looks like "ntfs-3g" has a lot of security management options... http://www.tuxera.co...fs-3g-manual/#3