From: jcmorris@mwunix.mitre.org (Joe Morris)
Subject: Re: Do non-Microsoft companies (legally) produce DOS5, Win3.1?
Organization: The MITRE Corporation
Distribution: usa
Date: Fri, 11 Sep 1992 12:54:05 GMT

echuang@cco.caltech.edu (Ernest Y. Chuang) writes:

>I just bought a new computer which came with MS-DOS 5.0 and Win 3.1,
>but they weren't just preloaded on the hard drive -- they were in
>shrink-wrapped boxes complete with manual and floppies.  What confuses
>me is that they don't appear to be the genuine Microsoft products.
> [...]
>it doesn't seem like they're trying to disguise their origin, but I
>wouldn't have thought that Microsoft would license anyone else to
>produce their software.

Assuming that you are located at Cal Tech (per your userid) there 
should be a nearby Microsoft office you can call to check on this,
but my guess is that the boxes you received are probably legitimate.
Since Microsoft has been rather enthusiastic about going after pirate
groups which are illegally copying its products I suspect that they
would welcome a call from someone actually taking the time to verify
that their copy was legitimate.

Microsoft has signed agreements with numerous hardware vendors which
calls for them to bundle MS-DOS and Windows with their systems.  (One
reason for this is to make it less likely that the users will buy
OS/2: buyers frequently aren't given an option *not* to "purchase"
the DOS package.  Followups on this issue to *.advocacy, please.)

Some vendors just take the shrink-wrapped Microsoft product and throw
them in the shipping cartons when a system is purchased.

Other vendors (apparently) take the MS files and repackage them in boxes
with their own logo.  The code is identical to what you can buy from
Microsoft.

And finally, some vendors take the MS-DOS or Windows files and customize
them to some degree.  The biggest vendor to do this is IBM: PC-DOS is
MS-DOS as modified by IBM.  Compaq is another vendor which does this.

The modified DOS files are often enhanced to interface with special features
of a manufacturer's system.  For example, I've got a Toshiba laptop
with Toshiba's hack of DOS.  The special feature in the Toshiba version
is support for the pop-up hardware control panel and various power-saving
features, which are unavailable if you are running the generic MS-DOS.

You probably need to check with the manufacturer of the system you
bought (but didn't identify in your posting) to see if the DOS is
modified or not, and if your system has critical features which are
available only with the DOS shipped with it.

I would expect that there would be no legal reason why you couldn't
sell the unused copies of DOS, but be warned that many of the repackaged
MS products with OEM logos are actually licensed to the OEM vendor and
not to the individual user.  The effect of this is that the registration
for the package (as far as Microsoft is concerned) lies with the vendor
and not with you.  Upgrades for the code and technical support may
be available only from the OEM and not from Microsoft, and there may be
no way for whoever buys the boxes from you to register it.

(Gateway is an example of this, although many Gateway owners report that
it offers upgrades at prices *below* what you have to pay for the 
standard Microsoft product...even after street-price discount.)

Joe Morris
Newsgroups: comp.sys.ibm.pc.misc