If I obtain an illegal copy of software that I have a legal license for, but have lost my disk, have I really done anything wrong?

Yes, you are downloading an illegal copy of software.

You’ve done something illegal, though morally wrong? I’d say certainly not in the least, but it’s a matter of opinion.

You could always call up Microsoft with your valid license information and they will tell you how to replace your missing cd. If you’re not downloading it from Microsoft, it is likely not a legal copy.

I would say no. As software companies always tell us, you are paying for the licence to use the software not the physical media on which it comes. If you have a valid licence to run XP then it doesn’t matter where the media comes from. Execpt, and this is a big one, are you going to trust that what you have downloaded, and that has probably been modified in some way to bypass online activations and copy protections etc won’t harm your computer.

I didn’t clarify this enough…I realize the copy is illegal that I’m downloading because you’re not supposed to reproduce the software…what I’m saying is once its on my system with a valid license, I’m okay aren’t I?

I like the idea of contacting Microsoft and telling them you lost your disk. But, what an interesting question—ethically and morally-wise!

As Lightlyseared rightly said, you paid for the license so you’re not doing anything illegal.

If the world worked how I want it to, it would be legal.
After all, you have proof that you purchased it—your valid key. It’s not like you’re getting a copy for free while never having paid the money for it.

But, I’m not a lawyer, and never want to be one. Considering how ridiculous laws are these days, I’d guess this probably is illegal.

I’d call up microsoft and ask them how to get a replacement disk. You may even be able to download the program from their website.

Your intent isn’t technically relevant to copyright infringement. It tangentially factors into a Fair Use defense, but it’s really beside much of the point. Your valid license is pretty important, though.

Take a look at the six exclusive rights a copyright holder (Microsoft, in this case) owns. Microsoft is the only person allowed to make copies of Windows XP Home available to other people. If you’re only downloading, you’re not infringing on any of Microsoft’s rights, because you paid them for a license to make a copy of Windows XP on your computer. Of course, BitTorrent simultaneously downloads and uploads files: in no case do you have the right to make copies for other people. That’s instant copyright infringement, no matter what.

Let’s assume, then, that you’re on Usenet or FTP or whatever. In this case, the license gives you some privileges. They’re probably limited to installation of the OS, not downloading and replicating the install CD so you can replace your lost one. Do note that violating the terms of the license would make your downloading an infringement of Microsoft’s copyrights, because you’re probably only licensed to go from CD to Hard Drive and that’s it. Microsoft’s (like everyone’s) EULA’s are very limited.

However, some good news: assuming you’re being honest, and you’re not running a WinXP bootlegging operation out of your dorm room, you’d probably be able to defend yourself against an otherwise successful claim of Copyright Infringement with the Fair Use defense. Stanford has a lovely website explaining how that all works.

Of course, this is all moot, because Microsoft probably isn’t going to sue you for downloading XP. Their lawyers are on the lookout for Windows 7 pirates this week — you picked a good time to lose your XP disc!

I am not a lawyer, and this is not legal advice. I did rather well in my law school Intellectual Property class, but you should call up a real lawyer to ask about this for legal advice.

You can call the MS order desk and inquire about replacement media.
(800) 360–7561, Monday through Friday, 5:00 A.M. to 7:00 P.M. Pacific time.

I would not downlod the software from anywhere except for microsoft official distrubiton points. Aside from the legal issues, you are risking using hacked/virused who the hell else knows what software.