Is it legal to sell Windows95 OEM without requiring a hardware purchase?

[KDOG]

Some place online is selling Win95A Ver.1 for 25 bucks and not requiring hardware purchase. If thats legal, I'm gonna jump on it and then by the cheap WinMe upgrade version since I have Win98 Upgrade....

 

[Gizmology]

That is illegal as far as I know. I work in a little retail hardware store and all the OEM software we have, has to be sold with a system or given away, but it cannot be sold by itself.

-Giz

 

[KDOG]

Given away? You mean you can do that?

 

[Russ]

KDOG,

It is illegal for them to sell it. It is NOT illegal for you to buy it. Unethical, yes, illegal, no. It would only be illegal for you to buy it if it was stolen or counterfeit, and you knew that.

Russ, NCNE

 

[AndrewR]

My perspective is that M$ used to require companies to buy all sorts of software for the privilege [sic] of placing Win9x on their machines. A little breach of an M$ license is nothing to worry about.

Anyone actually planning on buying ME when it's released shortly?

 

[BoberFett]

Illegal no, theres no statutes on the books AFAIK that discusses OEM software. However it is against the agreement with MS when you become a reseller and they could revoke your reseller status.

 

[Warrenton]

A local shop got caught loading win98 on all the machines they sold. They only had one copy and loaded it on all and never gave discs out, since they only had one copy. That was not only a violation of the agreement but piracy. It revoked thier reseller rights, and landed them with a $650,000 fine. Of course they couldn't pay it, so went bankrupt. They had an auction for all the parts they had in stock. But guess what? Just like egay they sold for more than retail!!!

 

[Warrenton]

And why is the correct way of spelling "egay", as in Elephant Banana Absolute Yellow, a banned word?

 

[BoberFett]

Warrenton

Then that was not an issue of selling OEM copies of Windows, it was a problem with not selling a copy of Windows at all, i.e. piracy which is a crime.

 

[Soulflare]

I've asked Warrenton's question before, why can't we mention
that auction site by name?

 

[KDOG]

But someone can give it away? Anyone want to give me a copy? I don't want to be unethical about it cuz that would bother me as much as my current situation I BOUGHT Win98 Upgrade but I use a copy of Win95 as the verification...and of course I shouldn't be doing that...

 

[Russ]

KDOG,

Assuming both of those were legally obtained, and assuming that you are installing the OS only on your machine, there is nothing wrong with what you're doing, ethically or otherwise.

Russ, NCNE

 

[nickdakick]

Right now it IS legal in Germany because of a court ruling that BUNDLING the OS with hardware is ILLEGAL. MS cuts prices ~35 % these days.

 

[hans007]

you cant mentiont egay, i think because in forsale / trade forum they dont want people posting up auctions. I think anyways. I think you can say paypal now though

 

[jonnyGURU]

For the record: It is legal to buy and sell OEM software. However, the original purchaser of that OEM copy had to buy that copy using a Microsoft RIN (Reseller Identification Number). To obtain the RIN, they had to sign a contract stating that they only sell that OEM software with a PC, hard drive or motherboard.

That's the way it's supposed to happen.

 

[KDOG]

The copy of Win95 is a COPY, you know burned copy....

 

[AndrewR]

Let's get our terminology straight here. The practice of selling OEM software without a PC, hard drive or motherboard is a violation of a license agreement, a contract, and opens the seller to civil liability in favor of Microsoft (seller can be sued for monetary damages and injunctive relief). When one uses the word "illegal", the common connotation is that it is prohibited by the government and subjects the violator to criminal penalties. Piracy is punishable both in criminal and civil court. Civil liability is predicated on tort law, not contract.

 

[Tripleshot]

KDOG
A "burned " copy of the OS is a pirated copy.I believe it is illegal to "burn" a copy of the OS, certainly for use on a machine other than the first machine it was installed on .

This liscense crap gives me a headache.

 

[KDOG]

aahhh....thought so, looks like I'll be buying the Full Install Ver. of WinMe. However, I could just buy a new hard drive and get the OEM Full install with it in a combo like some places do....Compuplus.com has some good deals like that goin on right now....