Is it legal to sell a sealed copy of windows 98 OEM?

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klitscher

Member
Jan 16, 2002
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I'm not sure this is the right place to post this, but I didn't know where to go...anyway.

My father-in-law has three sealed copies of MS windows 98 with the user manual and product key that were never used for his business. Is it legal to sell these even though the say "For distribution with a new PC only?"

Thanks in advance for any advice or direction you can give me.

Ken
 
I

imported_Imp

Diamond Member
Dec 20, 2005
9,148
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I'm not sure about the exact legalities of it, but I'm pretty sure it's not legal. At the bare least, stores usually require you to buy an OEM windows with some piece of hardware ($10 pieces seem qualify). However, I've recently seen a store selling it stand-alone, don't remember what the story was behind that.
 
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Cdeck

Member
May 13, 2005
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i would as long as they are legal copies. 35% of windows are outright pirated in this world. he paid for them so go right ahead.

edit: just give away an old junk piece of computer equipment with it. this would make it legal.
 
RebateMonger

RebateMonger

Elite Member
Dec 24, 2005
11,586
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You didn't say what the OEM copies were originally made for. Are they, for instance, Dell OEMs? Or are they generic, System Builder, OEMs?

If they are Dell OEMs, then they shouldn't be sold. They were priced for and intended to be sold only with new Dell PCs.

If they are generic, System Builder, OEM versions, and are sealed, and include an original COA which has never been used on another PC, then they can be sold under whatever license terms were current at the time they were sold. That likely means they can only be sold with some sort of "critical" PC hardware (which could even include a sound cable), which is intended to be installed on a "new" PC, along with the OEM copy of Windows 98.

Microsoft recently changed its OEM sales rules, but the new rules wouldn't apply to an old copy of Windows that's already been purchased.
 
K

klitscher

Member
Jan 16, 2002
60
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Originally posted by: RebateMonger
You didn't say what the OEM copies were originally made for. Are they, for instance, Dell OEMs? Or are they generic, System Builder, OEMs?

If they are Dell OEMs, then they shouldn't be sold. They were priced for and intended to be sold only with new Dell PCs.

If they are generic, System Builder, OEM versions, and are sealed, and include an original COA which has never been used on another PC, then they can be sold under whatever license terms were current at the time they were sold. That likely means they can only be sold with some sort of "critical" PC hardware (which could even include a sound cable), which is intended to be installed on a "new" PC, along with the OEM copy of Windows 98.

Microsoft recently changed its OEM sales rules, but the new rules wouldn't apply to an old copy of Windows that's already been purchased.
Click to expand...

They don't have any kind of branding on them...they just say "For distribution with a new PC only, for product support contact the manufacturer of your PC"

And all come with a new, never been used COA

Thanks for all of your help
 
J

jlbenedict

Banned
Jul 10, 2005
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those sound like regular OEM packaged distrubutions..
I remember buying a few like that back in the day..

If you do decide to part with them for a few $, just throw in some hardware to go along with them..
 
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bendixG15

Diamond Member
Mar 9, 2001
3,483
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Go ahead and sell them.

Why do people think its against the law...
as if the cops were going to break down your door.
 
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Jules

Lifer
Oct 9, 1999
15,213
0
76
Originally posted by: bendixG15
Go ahead and sell them.

Why do people think its against the law...
as if the cops were going to break down your door.
Click to expand...

LOL tell me about it
 
RebateMonger

RebateMonger

Elite Member
Dec 24, 2005
11,586
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0
Originally posted by: bendixG15
Why do people think its against the law...
as if the cops were going to break down your door.
Click to expand...
It's not ethical to sell something you don't have the right to sell. That's stealing from the person you are selling to. You took money from them, but they don't legally own it. You took their money and gave them nothing.
 
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bendixG15

Diamond Member
Mar 9, 2001
3,483
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Microsoft isn't about ethics, its about business and making a buck.

Read up on how Bill Gates sold and operating system to IBM that he didn't even own, then went out and bought it for $50,000 and made his billions.

 
S

stash

Diamond Member
Jun 22, 2000
5,468
0
0
Microsoft isn't about ethics, its about business and making a buck.
Click to expand...
You say that like it's a bad thing. So since they are in business to make money, it's ok steal from them?
 
K

kevinthenerd

Platinum Member
Jun 27, 2002
2,908
0
76
Originally posted by: bendixG15
Microsoft isn't about ethics, its about business and making a buck.

Read up on how Bill Gates sold and operating system to IBM that he didn't even own, then went out and bought it for $50,000 and made his billions.
Click to expand...

FANTASTIC documentary on the whole thing with a bunch of other stuff as well:
Triumph of The Nerds: The Rise of Accidental Empires in Silicon Valley
 
alfa147x

alfa147x

Lifer
Jul 14, 2005
29,307
106
106
Originally posted by: klitscher
Originally posted by: RebateMonger
You didn't say what the OEM copies were originally made for. Are they, for instance, Dell OEMs? Or are they generic, System Builder, OEMs?

If they are Dell OEMs, then they shouldn't be sold. They were priced for and intended to be sold only with new Dell PCs.

If they are generic, System Builder, OEM versions, and are sealed, and include an original COA which has never been used on another PC, then they can be sold under whatever license terms were current at the time they were sold. That likely means they can only be sold with some sort of "critical" PC hardware (which could even include a sound cable), which is intended to be installed on a "new" PC, along with the OEM copy of Windows 98.

Microsoft recently changed its OEM sales rules, but the new rules wouldn't apply to an old copy of Windows that's already been purchased.
Click to expand...

They don't have any kind of branding on them...they just say "For distribution with a new PC only, for product support contact the manufacturer of your PC"

And all come with a new, never been used COA

Thanks for all of your help
Click to expand...


my 98 disk said that too...:confused:
 
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