OEM legality

Skolor

Junior Member
Jan 21, 2006
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Recently I purchased XP pro OEM for a computer I built and I just now recieved it. However, the disk came in today and its a Dell "Reinstallation CD Microsoft Windows XP Professional".

Since it says various things about installing on only a Dell computer. So, I've been looking around for a while now, and while I've found a lot about the legality of using this CD, I haven't found anything conclusive. Does anyone know if the disk will successfulyl install, and if I'll be able to legally use it.
 

RebateMonger

Elite Member
Dec 24, 2005
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It's against Microsoft's licensing terms to install a Dell OEM version of XP on a different-brand computer. It should install, but if the license key that you've been given came from a Dell computer, it won't activate over the Internet. You'll have to call Microsoft to activate, and Microsoft says it will deny activation if you are installing on a non-Dell PC.

Whoever sold you the OEM XP CD is in violation of Microsoft's licensing terms. Check out Microsoft's Piracy site for Microsoft's stand on this.
 

magomago

Lifer
Sep 28, 2002
10,973
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Originally posted by: RebateMonger
It's against Microsoft's licensing terms to install a Dell OEM version of XP on a different-brand computer. It should install, but if the license key that you've been given came from a Dell computer, it won't activate over the Internet. You'll have to call Microsoft to activate, and Microsoft says it will deny activation if you are installing on a non-Dell PC.

Whoever sold you the OEM XP CD is in violation of Microsoft's licensing terms. Check out Microsoft's Piracy site for Microsoft's stand on this.

Considering that store sold it to him, will MS give him a legit copy for free and then "release the lawyer hounds" on the "company" that sold it to him? Or is he SOL if the company refuses to give him a refund?
Just curious ;)
 

TG2

Banned
Nov 14, 2005
774
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I would think they would possibly give him a free XP for turning him in, thats OEM software and isnt supposed to be installed on any non DELL machines (not that it wont install)
 

Vegito

Diamond Member
Oct 16, 1999
8,329
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Originally posted by: TG2
I would think they would possibly give him a free XP for turning him in, thats OEM software and isnt supposed to be installed on any non DELL machines (not that it wont install)

Actually it might not, i had dell xp cds where I tried on generic pc.. it says bios not dell and wont continue
 

TG2

Banned
Nov 14, 2005
774
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True, but I was thinking rather that the COA sticker isnt supposed to be removed from the original PC
 

cubby1223

Lifer
May 24, 2004
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Just a some of the recent feedback of the seller:

Definately call Microsoft's piracy hotline and talk to them, I've gotten a company in trouble once for selling incomplete OEM copies - they pissed me off too much especially with no one to ever answer their phone - moral is, Microsoft does follow up with all the reports.
he lied, it only works on dell laptops, and its just a reinstall, that was sol illegaly
CDKey sent with Windows XP Pro was reported lost or stolen to Microsoft.
I purchased an additional license Windows XP COA for $68US. I received it today and when trying to activate received errors. Calling MS reveals that the key I received was counterfeit. I looked up the seller on-line called and received a prompt refund.
The Office Pro 2003 that I was sent were pirated copies of the software.
I received a counterfeit Windows XP sticker and no media as promised in the offer
the product was not exactly what i ordered i dont have a dell conputer
DId not receive what I ordered and paid for. I received a Dell upgrade disk. What a waste of money!!!!!!!!!!
My Windows XP Professional (full Product) was a Dell Reinstall disk with a COA. At least the Coa was legit. But talk about not getting what I ordered. I can't believe that they would be so dishonest. Also I've recieved no communication with them. I want my money back.
 

RebateMonger

Elite Member
Dec 24, 2005
11,586
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Microsoft kinda' set itself up for all this hassle, because:
1) They underpriced XP for large OEMs.
2) The started doing "BIOS-locked" versions which NEVER require activation on the original computer.

I'm sure that there are good reasons to price XP so low for large-volume OEMs. It, doubtless, helps market share when XP is on every single new major-brand computer.

They should never have gone with "no-activation, BIOS-locked" OEM versions of XP. It developed into a large market for "stolen" COA key numbers, taken from BIOS-locked OEM computers that never get activated.

Microsoft is "correcting the problem" with the Genuine Windows campaign, which is going to create an ongoing hassle for lots of PC owners who, for whatever reason, ended up with illegtimate license or, for whatever reason, can't pass the Genuine Windows Validation test.
 

aloser

Senior member
Nov 20, 2004
511
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"After going over questions to you, you have not answered any of them about Windows XP Pro being Dell, HP or other brand system why is that, are you hiding something?" - from the OP's pricegrabber link :S
 

RebateMonger

Elite Member
Dec 24, 2005
11,586
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Basically, if you see OEM XP Professional selling for less than about $140, it's a really good sign that it's NOT being sold according to Microsoft's licensing policies. That doesn't necessarily mean that an "expensive" version is legitmate, only that an inexpensive version probably is not.

I seldom recommend the purchase of Microsoft's OEM software. First, it's often being sold in violation of Microsoft's licensing policies. Second, there are numerous counterfeits out there. Third, the limitations of Microsoft's OEM Operating System licensing (not being able to move it to another PC) make it less "valuable". I'd look for a deal on retail-box software, from a reliable dealer.
 

Rumple

Member
Oct 4, 2004
128
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Ive purchased 3 or 4 of these dell windows xp cds and they have all worked fine on every PC i have put them on. I only once had a problem and i called microsoft and told them that my copy of windows would not install and he gave me some sort authorization code that windows accepted during registration. All is well on every pc i own.
 

Skolor

Junior Member
Jan 21, 2006
2
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0
I'd just like to 'make sure before I go through all the work of disputing claims and such that i can't legally install it. It DID come with the COA sticker, although its just stuck on the back of the cd. For right now I'll see if I can get a response from the seller (it seems from the comments that at least some have). If that doesn't help within a few days, I guess I'll be complaining to other people. Also, there seems to be a protection policy from pricegrabber (Here). Am I going to be better off trying to go through that, or just through the credit card company, or paypal (although I didn't pay for their security thing), or, just all of them at once.
 

cubby1223

Lifer
May 24, 2004
13,518
42
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Pricegrabber doesn't care one bit if a seller under them screws you over.

Well, that's what it was like when I purchased bad copies of XP Home from a seller in the Yahoo! marketplace & come to find out Yahoo!'s buyer protection program means didly squat. Luckily for me, I paid directly with a credit card and they were successful in reversing the charges.

Whatever you do, atleast call Microsoft's piracy hotline, if not for yourself, but for the good of anyone else who uses Pricegrabber to find bargains (plus nothing's sweeter than revenge on jerks ;)).


Originally posted by: TG2
RebateMonger -
isnt it the OEM that makes the BIOS locked CD's though?
Only some OEM copies given to Dell, HP, etc. I haven't seen a true bios locked copy since XP was first released back around 2002. Now it's just where if the software sees a specific bios, then it does not require activation through Microsoft. If not, then you have to call Microsoft.


Originally posted by: RebateMonger
Basically, if you see OEM XP Professional selling for less than about $140, it's a really good sign that it's NOT being sold according to Microsoft's licensing policies.
^^^ learn this, and learn this well.
 

RebateMonger

Elite Member
Dec 24, 2005
11,586
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Originally posted by: Skolor
I'd just like to 'make sure before I go through all the work of disputing claims and such that i can't legally install it. It DID come with the COA sticker, although its just stuck on the back of the cd.
If that COA sticker didn't arrive attached to a Dell computer, then the CD/COA is an "illegally bundled package" in Microsoft's eyes. Microsoft is very specific about this.