Microsoft Licencing

Since the average home PC user does not have their Windows license in a place for easy access, I would say you would be severely limiting your business if you required seeing the license for every repair.

While I am not a lawyer, if you do nothing to add illegal software, or do not suspect that the PC has illegal software on it, you probably are not responsible for policing each PC you service.

If you suspect that another shop is installing illegal copies of Windows, then it might be in your best interest to take a close look at PCs that were purchased from that shop.

As far as re-installing Windows, that is a trickier issue.

First, you cannot pull the CD key from the registry for all versions of Windows.
Plus, for XP, you need to re-activate after a re-install.

Second, for each version of Windows, there are several distributions. To use the customers product key, you need the same distribution CD. Otherwise, you will need to use your key, and then change the registry back to their key.
For W98SE, there are 4 distributions that I have, and the product key for each does not work with the other CDs.
OEM Full, OEM update
Retail Full, Retail update
For W95, there are even more versions as their were 4 different OEM releases.
Then, there are the name brand systems that come with restore CDs and restore partitions.

There was a lengthy discussion in the Discussion Center on the related topic of finding evidence of illegal activity on a PC you were repairing.
The conclusions were mixed.
However, it was felt that the repair shop was not obligated to, and should not specifically look through the software and files on the PC beyond what was necessary for the repair work.

As with any business related legal issue, you should consult with your attorney as to what to do.

Chas

One possible piece of help for you:

If the original vendor installed an OEM copy of Windows, he was required to place a sticker with the product key somewhere on the computer case. If you have another OEM copy of Windows, you could use the customer's product key to reinstall the software.

Other suggestions: If Microsoft (or the BSA) were to audit an individual or organization, they are primarily matching number of licenses (or copies of software) on hand to the number of installations of that software. While questions MIGHT be raised as to installed software (serial numbers or product keys) not matching any on-hand copies, as long as the quantities match, that is what matters. To cover your self (and your customer), you might want to add a disclaimer to your invoice anytime you reload Windows. This disclaimer might include what version of the software you used to reload Windows (corporate, OEM, full, upgrade). You might also include what, if any attempt you made to get thecustomer to provide their original software and the results.

There is nothing that legally binds you to check for a proper license. Morally, if you suspect that the installed software is counterfeit, let your conscience be your guide.

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