What do I need to do to justify using an OEM copy of XP?

[Booty]

More specifically... I know you have to purchase hardware from Newegg to be able to order OEM software (even if it is just a fan or something), but is that all that's really necessary to have it be a legit installation? For instance, can I upgrade someone's memory and install an OEM copy of XP? Or does it basically have to be a new system...?

Just looking for the cheapest way to upgrade someone from 98 to XP... they do need some hardware upgrades anyway, so just making sure whether I can use OEM or if I have to go retail.

 

[fredtam]

Yes all you need is a qualifying hardware purchase. It will have to be a clean install. OEM does not upgrade.

 

[Booty]

Clean install is no problem... actually preferable. Just don't want them to have improperly licensed software running at their business. I knew all I needed was to purchase the hardware as far as Newegg was concerned, but didn't know if that was how it works with Microsoft as well.

 

[Xemus]

Really vague info from MS here:
http://www.microsoft.com/piracy/oslicensing/
SLightly more information that was found in an MS newsgroup.
http://www.tek-tips.com/faqs.cfm?spid=779&newpid=779&sfid=4004

 

[Booty]

Xemus - thanks for the links. They give a little bit of info... it's still pretty vague, but I'd feel a little more confident putting an OEM copy on after a hardware upgrade than I would have before.

 

[Sianath]

Application and Server products must be sold with a complete pre-built system.
Operating System licensed can be sold with a pre-built system OR a non-peripheral hardware component that is integral to the computer's use. If it's sold that way, the OS must stay with the qualified hardware it was distributed with.

You can actually view OEM licensing requirements at this site:
- http://www.microsoft.com/oem/downloads/X0933534LBL.pdf

See section 4, Software Distribution.

You need to be able to sign in to the site to view the pdf (you can sign in using any passport account, registration is free).

 

[SilentZero]

Im in a similar dilemma. I am building a pc now and was going to order OEM XP Pro to install on the system. If I make an error with the installation and it requires me to start all over again, will I be able too, seeing how it will be on the same machine (but perhaps a different hard drive)? I have a new 74gb raptor that I was planning on installing windows on, but the qualifying product im ordering the OEM XP Pro with is a different HD. Does that mean that the OEM software is only licensed to go on the 2nd drive and not the raptor? Please someone let me know, im starting to worry and don't have the money to waste by making a wrong decision.

 

[Amused]

Originally posted by: SilentZero
Im in a similar dilemma. I am building a pc now and was going to order OEM XP Pro to install on the system. If I make an error with the installation and it requires me to start all over again, will I be able too, seeing how it will be on the same machine (but perhaps a different hard drive)? I have a new 74gb raptor that I was planning on installing windows on, but the qualifying product im ordering the OEM XP Pro with is a different HD. Does that mean that the OEM software is only licensed to go on the 2nd drive and not the raptor? Please someone let me know, im starting to worry and don't have the money to waste by making a wrong decision.

I have built and upgraded dozens of machines with copies of XP Pro OEM purchased from Newegg. There is no problem with upgrading hardware, or reinstalling. The ONE time I had to call for activation is the one time I blew up an install four times in two weeks trying to OC a rig I built. Calling was painless I just told them I was OCing too aggressively and I kept corrupting the OS data. They said fine and gave me a number to punch in.

In short, there is no limitation with OEM XP other than an inability to upgrade OSes... which no one should do anyhow.

Another thing that makes activation more painless:

NEVER activate right away. Always burn in the machine, and do any OCing you plan on doing and let the 30 days elapse before activating. This way you wont run into the three activation limit and have to call.

 

Originally posted by: fredtam
Yes all you need is a qualifying hardware purchase. It will have to be a clean install. OEM does not upgrade.

Yes it does upgrade previous Windows installs. I would not worry about the activation. I have installed over 9 + times in the same week on the same machine getting things perfect and never had to make the dreaded phone call to MS for XP or Office XP activation.

 

[SilentZero]

Great, thanks for the info!!!

 

[jadinolf]

Sam's Club (at least mine) has XP Home retail for sale for less than newegg's price. The price sticker said $94 but they charged $91.

 

[Sianath]

From a licensing standpoint, OEM software must be PURCHASED with qualifying hardware. That does not mean you can build your own PC, go buy an OEM copy from some store, and install it.

The link I listed is to the OEM system builder agreement, which states the rules anyone selling OEM software has to follow (not you buyers, but the company you are buying FROM). Any company that sells you OEM licenses without meeting those requirements is doing so illegally.

I know most of you don't care, and I'm not here to police anything, but I hate misinformation.

For those of you in the server world, check out the following article in regards to the OEM upgrade thing.

823762 "Windows Setup Does Not Support Upgrading from Microsoft Windows 2000
http://support.microsoft.com/?id=823762

 

[Amused]

Originally posted by: Sianath
From a licensing standpoint, OEM software must be PURCHASED with qualifying hardware. That does not mean you can build your own PC, go buy an OEM copy from some store, and install it.

The link I listed is to the OEM system builder agreement, which states the rules anyone selling OEM software has to follow (not you buyers, but the company you are buying FROM). Any company that sells you OEM licenses without meeting those requirements is doing so illegally.

I know most of you don't care, and I'm not here to police anything, but I hate misinformation.

For those of you in the server world, check out the following article in regards to the OEM upgrade thing.

823762 "Windows Setup Does Not Support Upgrading from Microsoft Windows 2000
http://support.microsoft.com/?id=823762

The requirements for what is a "qualifying" piece of hardware is so loose, you CAN build a system and go out and buy an OEM copy with a CD audio cable or some other worthless piece of hardware and legally install it on your home built machine.

 

[pdn]

Try HERE

 

[Booty]

Okay, so, real-life scenario. A company is having a new server and one new workstation installed, and having 3 other workstations upgraded. The new system, obviously, doesn't have any liscensing issues since it's all new... same with the server. The workstations, however, are getting upgraded to XP (OEM) - so they're having memory upgrades done as well, because a) liscensing, and b) they need it anyway. Those workstations were also going to have Office 2003 put on them... so if I'm understanding this correctly, Office 2003 OEM won't fly (liscensing-wise) on these machines because they're not brand new. Is that correct? What a pain... I guess I better quote them retail copies of Office instead of OEM.

 

[Sianath]

Amused, that is incorrect. To fulfill the licensing requirements, the product you purchase must have been sold to you with that piece of hardware. You cannot obtain one separate from hardware in a legal fashion.

 

[Amused]

Originally posted by: Sianath
Amused, that is incorrect. To fulfill the licensing requirements, the product you purchase must have been sold to you with that piece of hardware. You cannot obtain one separate from hardware in a legal fashion.

That's what I said. But what qualifies as "hardware" is very loose. As I said, I can build a whole system, then buy XP with a CD or IDE cable I "intend to use" in my system and be legal.

 

[Sianath]

Sorry, I misread your last sentence. The key point is that the hardware piece has to be integral to the computer's use (quote from the distribution agreement).

If you can remove it and use the computer, it doesn't count.

 

[Amused]

Originally posted by: Sianath
Sorry, I misread your last sentence. The key point is that the hardware piece has to be integral to the computer's use (quote from the distribution agreement).

If you can remove it and use the computer, it doesn't count.

I'd say just about anything is integral if you need what it does. That's why stores can get away with selling XP with a CD audio cable.

 

[Sianath]

Just do a google search for stores selling just COA labels or OEM CD's without hardware requirements... you'll see pages and pages of examples of companies doing what they aren't supposed to.

It doesn't mean they aren't breaking the rules.