Licensing Laws

[Jenny]

Hi,

I'm looking to purchase a copy of XP or 2000 via ebay, I
know something of the licensing laws however, there seems
to be a loophole (either this or all the ebay sellers are
simply lying!).

There are a lot of people selling OEM software. To
legitemise it, they are including a hardware upgrade (such
as an IDE lead). Does this work? Is there anywhere that I
can go to find out what version I need for my computer. It
may be used commercially in the future and I built the
unit myself. Everyone I have spoken to seems to have
different ideas.

Many thanks in anticipation.
Jenny

[Joe727]

I am not a lawyer, so I cannot offer a legal opinion. In any event, asking
for legal advice on a newsgroup is tantamount to asking the first person you
meet while walking down the street for such advice.

However, keep this in mind. Support for OEM versions of Windows is supplied
by the vendor who sells them, not Microsoft. There may be other issues,
such as transportability. Unlike retail versions, the OEM version may be
bound to the original PC on which it is installed. Others who know more
about this than I do are sure to post their opinions.

Joe

"Jenny" > wrote in message
...
> Hi,
>
> I'm looking to purchase a copy of XP or 2000 via ebay, I
> know something of the licensing laws however, there seems
> to be a loophole (either this or all the ebay sellers are
> simply lying!).
>
> There are a lot of people selling OEM software. To
> legitemise it, they are including a hardware upgrade (such
> as an IDE lead). Does this work? Is there anywhere that I
> can go to find out what version I need for my computer. It
> may be used commercially in the future and I built the
> unit myself. Everyone I have spoken to seems to have
> different ideas.
>
> Many thanks in anticipation.
> Jenny

[Bruce Chambers]

Greetings --

There are some very important reasons that an OEM license costs so
much less than a retail license. OEM licenses are very limited:

1) OEM versions must be sold with a piece of hardware (normally
a motherboard or hard drive, if not an entire PC, although Microsoft
has greatly relaxed the hardware criteria for WinXP) and are
_permanently_ bound to the first PC on which they are installed. An
OEM license, once installed, is not legally transferable to another
computer under any circumstances. The only legitimate way to transfer
the ownership of an OEM license is to transfer ownership of the entire
PC. This is the best reason to avoid OEM versions; if the PC dies or
is otherwise disposed of (even stolen), you cannot re-use your OEM
license on a new PC.

2) Microsoft provides no support for OEM versions. If you have
any problems that require outside assistance, your only recourse is to
contact the vendor of the OEM license. This would include such issues
as lost a Product Key or replacing damaged installation media.
(Microsoft does make allowances for those instances when you can prove
that the OEM has gone out of business.) This doesn't mean that you
can't download patches and service packs from Microsoft -- just no
free live or email support for problems with the OS.

3) An OEM CD cannot perform an upgrade, as it was designed to be
installed _only_ upon an empty hard drive.

4) If the OEM CD was designed by a specific manufacturer, such as
eMachines, Sony, HP, Compaq, etc., it will most likely only install on
the same brand of PC, as an additional anti-piracy feature. Further,
such CDs are severely customized to contain only the minimum of device
drivers, and a lot of extra nonsense, that the manufacturer feels
necessary for the specific model of PC for which the CD was designed.
(To be honest, such CDs should not be available on the open market;
but, if you're shopping someplace like eBay, swap meets, or computer
fairs, there's often no telling what you're buying until it's too
late.) The "generic" OEM CDs, such as are sold to small systems
builders, don't have this particular problem, though, and are pretty
much the same as their retail counterparts.



Bruce Chambers

--
Help us help you:
http://dts-l.org/goodpost.htm
http://www.catb.org/~esr/faqs/smart-questions.html

You can have peace. Or you can have freedom. Don't ever count on
having both at once. -- RAH


"Jenny" > wrote in message
...
> Hi,
>
> I'm looking to purchase a copy of XP or 2000 via ebay, I
> know something of the licensing laws however, there seems
> to be a loophole (either this or all the ebay sellers are
> simply lying!).
>
> There are a lot of people selling OEM software. To
> legitemise it, they are including a hardware upgrade (such
> as an IDE lead). Does this work? Is there anywhere that I
> can go to find out what version I need for my computer. It
> may be used commercially in the future and I built the
> unit myself. Everyone I have spoken to seems to have
> different ideas.
>
> Many thanks in anticipation.
> Jenny

[zaskar]

On Fri, 29 Aug 2003 08:20:34 -0600, "Bruce Chambers"
> wrote:

>Greetings --
>
> There are some very important reasons that an OEM license costs so
>much less than a retail license. OEM licenses are very limited:
>
> 1) OEM versions must be sold with a piece of hardware (normally
>a motherboard or hard drive, if not an entire PC, although Microsoft
>has greatly relaxed the hardware criteria for WinXP) and are
>_permanently_ bound to the first PC on which they are installed. An
>OEM license, once installed, is not legally transferable to another
>computer under any circumstances. The only legitimate way to transfer
>the ownership of an OEM license is to transfer ownership of the entire
>PC. This is the best reason to avoid OEM versions; if the PC dies or
>is otherwise disposed of (even stolen), you cannot re-use your OEM
>license on a new PC.
>
> 2) Microsoft provides no support for OEM versions. If you have
>any problems that require outside assistance, your only recourse is to
>contact the vendor of the OEM license. This would include such issues
>as lost a Product Key or replacing damaged installation media.
>(Microsoft does make allowances for those instances when you can prove
>that the OEM has gone out of business.) This doesn't mean that you
>can't download patches and service packs from Microsoft -- just no
>free live or email support for problems with the OS.
>
> 3) An OEM CD cannot perform an upgrade, as it was designed to be
>installed _only_ upon an empty hard drive.
>
> 4) If the OEM CD was designed by a specific manufacturer, such as
>eMachines, Sony, HP, Compaq, etc., it will most likely only install on
>the same brand of PC, as an additional anti-piracy feature. Further,
>such CDs are severely customized to contain only the minimum of device
>drivers, and a lot of extra nonsense, that the manufacturer feels
>necessary for the specific model of PC for which the CD was designed.
>(To be honest, such CDs should not be available on the open market;
>but, if you're shopping someplace like eBay, swap meets, or computer
>fairs, there's often no telling what you're buying until it's too
>late.) The "generic" OEM CDs, such as are sold to small systems
>builders, don't have this particular problem, though, and are pretty
>much the same as their retail counterparts.
>
>
>
>Bruce Chambers

I had an OEM copy of Millenium which came with my computer.
I could not get any net services to work, newsgroups , Irc etc
The only things that did work were Internet explorer and email
This was because of a freeserve install that the cd did automatically.
I would avoid OEM copies

[Vodor]

That is the case with me. I had bought some hardware for my computer and was
entitled to an OEM disk. So I bought it at the reduced price offered.
Fortunately, it's an OEM from Microsoft itself, so I have a little more
leeway than others who are limited to the support from a specific
manufacturer. As mentioned by others, I'm not a lawyer, either. If you know
that you'll continue using the computer in question (even if you upgrade it)
it might be worth your while. But if you do have the money, get a full
version, thus avoiding the whole OEM shuffle.

--
Vodor...




Wherever you were, here you are....

"Bruce Chambers" > wrote in message
...
> Greetings --
>
> There are some very important reasons that an OEM license costs so
> much less than a retail license. OEM licenses are very limited:
>
> 1) OEM versions must be sold with a piece of hardware (normally
> a motherboard or hard drive, if not an entire PC, although Microsoft
> has greatly relaxed the hardware criteria for WinXP) and are
> _permanently_ bound to the first PC on which they are installed. An
> OEM license, once installed, is not legally transferable to another
> computer under any circumstances. The only legitimate way to transfer
> the ownership of an OEM license is to transfer ownership of the entire
> PC. This is the best reason to avoid OEM versions; if the PC dies or
> is otherwise disposed of (even stolen), you cannot re-use your OEM
> license on a new PC.
>
> 2) Microsoft provides no support for OEM versions. If you have
> any problems that require outside assistance, your only recourse is to
> contact the vendor of the OEM license. This would include such issues
> as lost a Product Key or replacing damaged installation media.
> (Microsoft does make allowances for those instances when you can prove
> that the OEM has gone out of business.) This doesn't mean that you
> can't download patches and service packs from Microsoft -- just no
> free live or email support for problems with the OS.
>
> 3) An OEM CD cannot perform an upgrade, as it was designed to be
> installed _only_ upon an empty hard drive.
>
> 4) If the OEM CD was designed by a specific manufacturer, such as
> eMachines, Sony, HP, Compaq, etc., it will most likely only install on
> the same brand of PC, as an additional anti-piracy feature. Further,
> such CDs are severely customized to contain only the minimum of device
> drivers, and a lot of extra nonsense, that the manufacturer feels
> necessary for the specific model of PC for which the CD was designed.
> (To be honest, such CDs should not be available on the open market;
> but, if you're shopping someplace like eBay, swap meets, or computer
> fairs, there's often no telling what you're buying until it's too
> late.) The "generic" OEM CDs, such as are sold to small systems
> builders, don't have this particular problem, though, and are pretty
> much the same as their retail counterparts.
>
>
>
> Bruce Chambers
>
> --
> Help us help you:
> http://dts-l.org/goodpost.htm
> http://www.catb.org/~esr/faqs/smart-questions.html
>
> You can have peace. Or you can have freedom. Don't ever count on
> having both at once. -- RAH
>
>
> "Jenny" > wrote in message
> ...
> > Hi,
> >
> > I'm looking to purchase a copy of XP or 2000 via ebay, I
> > know something of the licensing laws however, there seems
> > to be a loophole (either this or all the ebay sellers are
> > simply lying!).
> >
> > There are a lot of people selling OEM software. To
> > legitemise it, they are including a hardware upgrade (such
> > as an IDE lead). Does this work? Is there anywhere that I
> > can go to find out what version I need for my computer. It
> > may be used commercially in the future and I built the
> > unit myself. Everyone I have spoken to seems to have
> > different ideas.
> >
> > Many thanks in anticipation.
> > Jenny
>
>


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