Implied usability of a gift

I live in New Mexico.

My question is about whether or not my former employer, who made a gift to me of a computer, is obligated to also provide me with a copy of the operating system software to make it fully functional.

About a year ago, while I was employed by a company headquartered in Tennessee, I attended a meeting here in Albuquerque where I won, as a door prize, an IBM NetVista computer system (approximately $2,000 value), which was pre-loaded with the Microsoft Windows/XP Professional operating system (approximately $500 value)

Although the computer functions with the software that came pre-loaded on it, and a few other software packages that I have acquired since, I have noted on several occasions that when I attempt to install new software or upgrades to existing software on this machine, I cannot, as I am prompted by the installation routine to insert the Microsoft Windows/XP Professional installation CD-ROM, which I do not have. This severely constrains what software I can install on this system, most often to older, obsolete versions of software.

I have taken this up with both Microsoft and IBM, and I have received no relief from either of them. Microsoft refers me to the manufacturer (IBM) who pre-loaded the operating system, and IBM will not service me, as my system shows up in their records as being covered by a master support agreement with my previous employer or one of their contractors. I am therefore not authorized to access assistance from them on this system.

I have requested that a copy of the Microsoft Windows/XP Professional operating system CD-ROM be supplied to me by my former employer, but their response is that their "license agreement with Microsoft does not permit [them] to send [me] a CD".

Do I have a realistic small claim action against my former employer to provide me with the software necessary to make my computer fully functional? Is their some sort of legal implied warranty of usability with such a device won as a door prize?

Thank you in advance to anyone who can offer me any advice.

My response:

You've got nothing. There is no such thing as a Uniform Commerical Code "Warranty of Merchantability" concerning a gift. The employer owes you nothing beyond what your received. You also had the choice of knowing this information beforehand, and not accepting the computer; i.e., you have the choice of accepting or not accepting a gift.

Look for a "crack" on the Internet.

IAAL

It all depends on the type of OS installed. If the original purchaser of the computer bought it with an OEM version of XP, the installation CD's should have stayed with the computer. But I bet your computer has a MU version of XP installed, MU means multiple computers. It is much cheaper for for companies that buy mulitiple systems to purchase an MU version of XP and install that on all of it's systems. And MU CD's are not to be distributed with the computers, in fact, one master set is bought and copies are made for installation purposes only. Licensing agreements prevent the issuance of OS discs except for authorized technical personel. If the installed system is OEM, you will find a certificate of authenticity mounted on the computer. You can also open the control panel and double click on system. The "registered to" will show the system serial number and the licensing agreement type of the installed OS. If the system is not OEM, your are SOL.