OEM, safe, legal? You tell it how it is.

[Mr Bob]

OEM software is a type of license that your software is. OEM usually implies that it is sold with hardware (floppy disk, new computer, dvd drive, etc.), and it is legal.

In your experience, was your OEM software that you have purchase legal?

If it wasn't, has anything ever happened to your license? I have heard that people would turn in illegal sellers, and get a new retail copy.

I'm trying to convince some people that OEM software if a better buy than retail software, so please prove this right/wrong.

 

[AdamSnow]

If I ever bought an illegal MS license, I'd just go to Microsoft - give them the key and proof of purchase and they will provide me with a legal key...

If you can legally - OEM is cheaper.

 

[ramj70]

Where is that OEM expert blizzardwolf when you need him

 

[MrChad]

OEM is cheaper, but it's tied to the hardware that it's purchased with. If you install an OEM version of XP on a new computer, you cannot legally transfer that same copy of XP to a new machine. In addition, OEM versions of software do not receive the same level of support as retail version.

 

[Eureka]

OEM is great but technically its meant to be sold with a piece of hardware. I, however, rarely buy software, and if I do its retail. OEM hardware, on the other hand, is the best thing invented since hardware.

Norm

 

[TheGingerbreadGenius]

We had a few problems with OEM stuff. We bought an OEM copy of Win2k and it turned out to be pirated.

 

[ITPaladin]

a long time ago before I knew better and what oem was, I bought a windows 98 cd + book shrink wrapped together at a computer show.
I bought it for a friend.
He couldn't install so I looked at the disc, tried to run it myself and it would not run.

I looked at the root and there was no exe on the disc. I didn't remember where I had the receipt from the people / company that sold it to me that were out of town (Los Angeles area).

 

[egkenny]

[BEGIN RANT]

OEM software is meant for computer builders who require little or no support from the company that sells it. The builder has the burden of providing his own support either for himself or the end user of the computer. Forcing the buyer to purchase a piece of hardware with the OEM software is a lame attempt to enforce the requirement for the type of buyer to be a system builder/integrater.

Here is an example of how unenforcable that is. Suppose you bought the OEM software with a piece of hardware. After that no one has no way of knowing if they are being used as part of the system being built. You may have even bought something you did not even want or need.

Software companies like Microsoft should stop trying to enforce something that is unenforcable. If the buyer is aware that the OEM software comes with no support then why should they care how the software is used. I can see the software bought with a computer from Dell being tied to the hardware. An indvidual buying OEM software should be free to put it any one computer he wishes and be able to transfer it to a new computer when the old one is no longer used.

In the final analysis people need to stop arging about legal/illegal and play the game. When you get the OEM software just use it (on one computer of course) on the computer you wish. When that computer is no longer being used feel free to move the software to a new one . Do not feel guilty. Do not worry about it being tied to a piece of hardware. Do not worry about Microsoft because their silly EULA is unenforcable anyways. Just have fun.

[END RANT]

 

[Mr Bob]

Well, people are trying to argue that OEM software is not good because of legal reasons. Let's not forget those, as some people don't like knowing they are running illegal software.

Feel free to register (its in the members lounge, and requires registration in order to view), and argue with why OEM isn't bad > frontpagewebmaster.com/m-294019/tm.htm

I figured OEM is legal IF you receive the hardware, and the cds/serial is legit.

 

[egkenny]

Originally posted by: Mr Bob
Well, people are trying to argue that OEM software is not good because of legal reasons. Let's not forget those, as some people don't like knowing they are running illegal software.

Feel free to register (its in the members lounge, and requires registration in order to view), and argue with why OEM isn't bad > frontpagewebmaster.com/m-294019/tm.htm

I figured OEM is legal IF you receive the hardware, and the cds/serial is legit.

Actually it is legal only if you buy a legal copy and abide by the EULA. Accoding to the EULA if you buy an OEM version of Windows with the stupid required hardware you are legal if that hardware is part of the system you install it on. If that hardware is removed the Windows EULA is violated. If you trash the computer and install the OEM Windows on aother computer then the EULA is again violated.

These instances would make good polls.

1. When you buy hardware with OEM Windows with hardware do you feel obligated to install it in the system with this OEM Windows?

2. If you do install the hardware bought with OEM Windows and later trash the computer do you throw away your OEM copy of Windows it and buy a new Window license for your new computer?

3. If you buy the OEM Windows with hardware (i.e. a IDE cable) is the license tied to the hardware it is bought with or to the computer it is first installed on?

4. Is this discussion silly?

 

[Mr Bob]

egkenny, I am looking for ethical answers here.

 

[mechBgon]

If the people in question want to run legit, then I think I'd tell them this: if they buy their OEM Windows license with a meaningful item (motherboard or HDD) that will be an important functional part of the computer, then they should feel at ease about the OEM licensing, and spend the savings on pizza

But I'd also point out to them that the license is tied to that computer system, and that if they want to do a full core replacement (like, a new mobo and CPU), then their scruples will oblige them to re-license, and that's where a retail Windows license is better... no re-licensing needed, they can re-use the retail license ad infinitum. And then it's up to them which option they prefer.


One of my gripes about OEM Windows is that Microsoft wants the license sticker stuck to the computer case. Well shoot, I want to upgrade my case sometimes! :roll: *gets out the Scotch tape, theeere we goooo...*

 

[mechBgon]

Oh, and the question about whether we've gotten legit OEM software or not. All the WinXP OEM I've bought has been through Newegg. Naturally it's legit. I wouldn't buy OEM from anything but a known safe vendor. No Dell-branded OEM or that other stuff that the fly-by-night outfits sell.

 

[Mr Bob]

Just an FYI, according to the Xp Pro OEM EULA, NewEgg is selling these illegally.

PREINSTALLATION REQUIREMENT. When you distribute an individual software license for a desktop operating
system or application software, you must preinstall it on the fully assembled computer system?s hard drive
using the OEM Preinstallation Kit (?OPK?) provided in this package or otherwise made available by us.

 

[mechBgon]

Originally posted by: Mr Bob
Just an FYI, according to the Xp Pro OEM EULA, NewEgg is selling these illegally.

PREINSTALLATION REQUIREMENT. When you distribute an individual software license for a desktop operating
system or application software, you must preinstall it on the fully assembled computer system?s hard drive
using the OEM Preinstallation Kit (?OPK?) provided in this package or otherwise made available by us.

Read the full Microsoft license agreement on Microsoft's site. You are only under that obligation IF the product comes with the OPK. WinXP Pro x64 Edition does, WinXP Pro 32-bit does not. And if it did, I'd go through the motions and do the OPK thing, not that it would change anything

 

[Mr Bob]

Ah, I only looked at parts that I thought were geared towards OEM.

With NewEgg, you must purchase a motherboard/cpu/case with the OEM XP Pro license, right?

 

[mechBgon]

Newegg will sell it with anything down to a 99¢ power splitter that they conveniently throw in for free. I always thought that Microsoft's intention was for the "HARDWARE" to be something that actually is a core part of the system, like the mobo or HDD, but my guess is Microsoft will gladly take your $140 regardless

I'd shed no tears if MS reduced their prices. I'd shed no tears if they started charging Dell, HP, Gateway, etc the same price for Windows that they charge me for Windows, instead of charging them about 10% of what they charge me. I bet the open-source community would shed no tears either... when you can buy a Dell with or without Windows for basically the same price, you know MS isn't charging Dell $90-140 for Windows.

 

[Mr Bob]

According to the latest EULA (which NewEgg might be selling copies with older EULAs), you need a core part of the system like you said. Now it is required, whereas before it was implied by the term "hardware" but hardware includes a 2 cent floppy disk.

 

[Mr Bob]

There is some food for thought... take a look at this, and tell me if you still think it is legal:

4. SOFTWARE DISTRIBUTION.
4.1 We grant you a nonexclusive right to distribute an individual software license only with a fully assembled
computer system. A ?fully assembled computer system? means a computer system consisting of at least a central
processing unit, a motherboard, a hard drive, a power supply, and a case.
4.2 Each individual software license must be distributed pursuant to the end-user license agreement (?EULA?)
that accompanies the individual software license. Under the terms of the EULA, you are the licensor.

 

[mechBgon]

If I understand your new question correctly, you're saying "what about the scenario where the buyer just buys the WinXP OEM with a new HDD, instead of a complete barebones (case, PSU, mobo, HDD and CPU)?"

If you can find a place where they say you have to buy the case, PSU, mobo, HDD and CPU all with the WinXP OEM license, then that would be one thing. But what they actually say is that the license must be delivered in that context to the end user.

So to use a real-world example, let's take my leftover Winchester 3000+. A "computer spore" if there ever was one I grab my leftover Antec Plus880 case and PSU, pull a stick of RAM out of my home system, plunk my oldest 15k SCSI drive and card into it, and order up a shiny new Asus A8N-VM CSM and a WinXP Pro OEM license. I build the system up, install Windows, stick the license sticker to the outside, off it goes to its new owner (probably my little sister).

As far as I can see, that's compliant. In my example, I bought the OEM software with the definitive core "HARDWARE" item, the mobo, and delivered a fully-working "COMPUTER" (I'm capitalizing like MS does) with the OEM software installed on the same COMPUTER that the HARDWARE is an integral component of. And knowing my little sister, yes I will be providing end-user support as needed

What do you think of that example?

 

[Mr Bob]

mech, I am kind of busy atm, but the quote I pulled was directly from the OEM EULA > http://oem.microsoft.com/downloads/Public/sblicense/English_SB_License.pdf

NewEgg selling that to you, without the computer, isn't legal, right?

In your real-world example, that is compliant. Are you saying that NewEgg sent a MB and other core parts of the system, along with the OEM cd?

 

[mechBgon]

I see. You're saying Newegg is bound by the terms of the OEM EULA and thus they should not sell a license with anything short of a barebones system. But I think Newegg is more of a channel distributor, and they probably operate under a different set of rules.

You'd have to take that question to someone at Microsoft for a real answer, I can only speculate as to how that stuff all works But if you look at it logically, the terms of the EULA specifically mention buying the license with HARDWARE that will go into COMPUTER. Well, you have to buy HARDWARE and the license from someone. And the someone is Newegg and similar entities, Microsoft doesn't sell Asus mobos and etc.

 

[Mr Bob]

Interesting point. I figured I would have had you stuck in a hole with one, not knowing what to say to prove that NewEgg is still being legal.

You make a wonderful argument. I'll take it up one level, and see how things go. Would be interesting to find out how it works.