Clarification Please on OEM Software in FS Forum

[mastertech01]

Hello Moderator,
Please clarify a question on OEM software as to being authorized for sale on the forums. I was under the impression that OEM software was allowed for sale, and that NFR, Acedemic, and burned software was NOT authorized. The question was brought up in another FS post due to THIS thread and the implied action by the moderator. It is possible the person misrepresented NFR as OEM and that would be quite understandable. However others have the impression that OEM is no longer acceptable.

Thanks

John

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The FS/T rules regarding NFR and OEM software sales have been amended for clarity.

AnandTech Moderator

 

[Lucky]

I'm far from a regular over there and dont know what usually flies but the rules say:

Also, you may not sell or trade Academic or NFR (not for resale / not for retail or oem distribution) software.

The rules seem to say OEM is NFR.

 

[olds]

Originally posted by: Lucky
I'm far from a regular over there and dont know what usually flies but the rules say:

Also, you may not sell or trade Academic r NFR (not for resale / not for retail or oem distribution) software.

The rules seem to say OEM is NFR.

 

[mastertech01]

Not for resale / not for retail or oem distribution is the MS definition of NFR. It is not the definition of OEM.

 

[Amused]

Seriously? I bought OEM copies of WinXP and OfficeXP for all my computers. If I wanted to sell them, it would be against the rules here? Even though they can be bought at Newegg, Googlegear, and countless other retailers? Even though people E-bay them all the time?

There is something not right about that, if that is the case.

 

[John]

One problem I see is that OEM software must be purchased with hardware.

I have seen a few people selling Office XXXX for 1.00 w/ the purchase of a 150.00 pen, and so on. The definition of hardware is a very loose term, even to Microsoft. I have had a few vendors that only require me to purchase a .50 mousepad, others a fan, etc.

I was also under the impression that you cannot legally sell the oem software that came bundled with a computer.

I can only assume the MODs do not want the headache of verifying the source of the software, so they classify it as NFR and ban the sale altogether.

 

[mechBgon]

I think the wording is a bit ambiguous and is leading to some incorrect conclusions. By my reading, the sentence

Also, you may not sell or trade Academic or NFR (not for resale / not for retail or oem distribution) software.

could be edited like so: Also, you may not sell or trade Academic or NFR (not for resale / not for retail / not for oem) software.

And that would make sense, since I expect that this type of software includes a EULA prohibiting transferring it to others, whereas OEM software licenses may be typically transferred.

edit: LOL, I typed EULA in Win98SE... Microsoft really wrote a dissertation's worth of stuff for this Here is a bit of what Win98SE's take is:

Is it legal for me to sell software that I have bought and used?

In some circumstances, yes, as long as you follow the terms of transfer outlined in your license agreement. You may not rent or lease the software, but you may transfer your rights under the End User License Agreement (EULA) on a permanent basis provided you transfer all copies of the software and all written materials, including the original license agreement and the Certificate of Authenticity (COA) where applicable. For any valid transfer, the software recipient must agree to the terms of the EULA. Any transfer must include the most recent product upgrade as well as any prior versions that you have.

Prior to transferring your software, you must remove all copies of the product from your computer, including your portable computer, in instances where a ?second copy? is allowed.

If you wish to transfer software which was licensed under a multiple license pack, you must transfer all the product copies to a single new owner. Microsoft?s License Paks cannot be broken up.

Many Microsoft products distributed by OEMs may not be transferred under any circumstances. Check the terms of the EULA accompanying the OEM products to determine transferability.


Based on that last paragraph, perhaps the transfer of OEM licenses should be the norm. Mods?

 

[John]

Originally posted by: Lucky
I'm far from a regular over there and dont know what usually flies but the rules say:

Also, you may not sell or trade Academic or NFR (not for resale / not for retail or oem distribution) software.

The rules seem to say OEM is NFR.

Actually the definition of NFR is is exactly how it is stated above, not for resale. I have a NFR copy of Windows XP Pro right in front of me and it clearly states not for retail or oem distribution. Do a search on google for clarification as well.

OEM software is how I described it in my original post above, please do not confuse the two.

 

[Lucky]

You must be responding to mechBgon (?) You posted after me and I was just trying to show what the FS/FT rules were. Dont blame for for confusing things please!

 

[Amused]

I think the Mod drastically overreacted and owes that member an apology. NO WHERE on my copies of OEM Windows I bought at Newegg is there a "NFR" statement on them.

 

[John]

Originally posted by: Lucky


You must be responding to mechBgon (?) You posted after me and I was just trying to show what the FS/FT rules were. Dont blame for for confusing things please!

Lucky, I was talking to you & mechBgon since you had stated "The rules seem to say OEM is NFR." The rules do not say they are the same according to the way I read them. That is EXACTLY how Microsoft words their NFR cd's by stamping not for retail or oem distribution on them, and they also say unlicensed software. NFR technically means Not For Resale. OEM distribution is the sale thru local computer stores, and places like Dell, HP, GW2K, Alienware, etc.

OEM software DOES NOT have not for retail or oem distribution stamped on the cd. Sometimes it will have "For distribution with a new pc only" though.

AmusedOne, I am not sure why you are bringing Newegg into this. They sell some OEM software, and it clearly states "you must purchase hardware" with all of their OEM sales.

Several months ago, a lot of folks where attending the Microsoft conventions and snagging several copies of Windows XP Pro and Visual Studio.net, then selling then off on the forums as OEM, when in fact they were NFR. I also know of a few traders that have been misled into buying NFR software when the sellers thread stated OEM. It is confusion for a lot of people. It also appears as if some of the people in this thread do not know the difference between OEM and NFR either.

I am only tossing in my .02 cents, and since I am a "dealer" I do know the differences.

 

[mastertech01]

It appears our friendly moderators have clarified the issue and have edited the for sale forum rules. You must sell hardware with the OEM product to keep it a legitimate sale. Thanks Moderators!

 

[Lucky]

The rules do not say they are the same according to the way I read them.

That was obviously open to interpretation. You may take it one way, I may take it another. Since the mods have since clarified the definition I think its fair to say it was a bit confusing. I was NOT saying OEM=NFR, I was saying that's what I interpreted the FS/FT rules to be saying. I am aware of the definitions of the various terms and what they mean!

I hope thats clear.

 

[John]

Lucky, I understand your position now, but it was unclear earlier. Thanks for clarifying. It looks like the MOD has clarified the rules as well. Thank You!!

 

[Amused]

Originally posted by: John<AmusedOne, I am not sure why you are bringing Newegg into this. They sell some OEM software, and it clearly states "you must purchase hardware" with all of their OEM sales.

The Mod quote in the thread in question:

What part of NO NFR SOFTWARE do you not understand?

See you in two weeks. Do it again, and you're gone.

AnandTech Moderator

I was simply pointing out that this was extreme, and that I've bought OEM copies from retail outlets. Yes, hardware must be purchased, but often retailers will send free DOA RAM to get around that. At Newegg I've always got the OEM copies with parts for a new box.

At any rate, my point was the Mod's action was quite extreme and unjustified. I'm curious if that member has been apologized to and had his ban lifted?

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Unfortunately you do not have all of the details regarding the "thread in question". The OEM software he was selling turned out to be NFR. The action taken was justified. If you ever feel like you need an explanation, feel free to ask us instead of assuming.

AnandTech Moderator

 

[Amused]

Originally posted by: AmusedOne

Originally posted by: John<AmusedOne, I am not sure why you are bringing Newegg into this. They sell some OEM software, and it clearly states "you must purchase hardware" with all of their OEM sales.

The Mod quote in the thread in question:

What part of NO NFR SOFTWARE do you not understand?

See you in two weeks. Do it again, and you're gone.

AnandTech Moderator

I was simply pointing out that this was extreme, and that I've bought OEM copies from retail outlets. Yes, hardware must be purchased, but often retailers will send free DOA RAM to get around that. At Newegg I've always got the OEM copies with parts for a new box.

At any rate, my point was the Mod's action was quite extreme and unjustified. I'm curious if that member has been apologized to and had his ban lifted?

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Unfortunately you do not have all of the details regarding the "thread in question". The OEM software he was selling turned out to be NFR. The action taken was justified. If you ever feel like you need an explanation, feel free to ask us instead of assuming.

AnandTech Moderator

OK, sorry about that.

Instead of assuming, may I ask how you found this out? His product description doesn't seem to imply that at all. It sounds exactly like the products I've purchased at online stores. Just curious.