Which to buy, OEM License or Retail?

Which to buy, OEM License or Retail?

Post by Duncan Tun » Wed, 31 Jul 2002 21:49:46



We recently bought some PCs from a local retailer.  Windows XP was
installed, but we need to buy and install Office XP as well.

I've noticed many internet shops sell Office XP OEM version for around $190,
while the retail price for this is almost double that amount.  Typically,
the internet store will say "Must be purchased with qualifying hardware" on
the page they are hawking their OEM Office XP.

So, my questions are:
1. Is it legal to buy an OEM copy of Office XP and install?
2. What consitutes "qualifying hardware" for OEM purchase?  I've heard it
can be as simple as a PC power cord.
3. Would it matter that you bought a PC and the OEM software from two
different vendors?
4. If the answer to all these questions are negative, why the heck are OEM
licenses so easy to purchase?

Thanks.

 
 
 

Which to buy, OEM License or Retail?

Post by Lanwenc » Wed, 31 Jul 2002 22:14:11


I don't believe it's legal to use OEM software unless it's bundled with
hardware. And given that XP requires registration/activation, it might not
even work for you. If this is for a business, buy legal copies and don't
gamble.

Note that if you buy licenses today, July 31, you'll get a better price than
you will later - this is the last day. See
http://www.microsoft.com/licensing/programs/sa/saprepare.asp.


Quote:> We recently bought some PCs from a local retailer.  Windows XP was
> installed, but we need to buy and install Office XP as well.

> I've noticed many internet shops sell Office XP OEM version for around
$190,
> while the retail price for this is almost double that amount.  Typically,
> the internet store will say "Must be purchased with qualifying hardware"
on
> the page they are hawking their OEM Office XP.

> So, my questions are:
> 1. Is it legal to buy an OEM copy of Office XP and install?
> 2. What consitutes "qualifying hardware" for OEM purchase?  I've heard it
> can be as simple as a PC power cord.
> 3. Would it matter that you bought a PC and the OEM software from two
> different vendors?
> 4. If the answer to all these questions are negative, why the heck are OEM
> licenses so easy to purchase?

> Thanks.


 
 
 

Which to buy, OEM License or Retail?

Post by kurttrai » Wed, 31 Jul 2002 22:29:51


1. Yes

2. Yes, at least in the US.

3.  No.

The difference is with retail Office, it's EULA allows installation on
Desktop & Laptop, while OEM Office's EULA allows one.  The other difference
is MS doesn't support OEM software, like their support is worth anything,
anyway!

--
Peace!
Kurt
http://microscum.kurttrail.com
"Produkt-Aktivierung macht frei!"


Quote:> We recently bought some PCs from a local retailer.  Windows XP was
> installed, but we need to buy and install Office XP as well.

> I've noticed many internet shops sell Office XP OEM version for around
$190,
> while the retail price for this is almost double that amount.  Typically,
> the internet store will say "Must be purchased with qualifying hardware"
on
> the page they are hawking their OEM Office XP.

> So, my questions are:
> 1. Is it legal to buy an OEM copy of Office XP and install?
> 2. What consitutes "qualifying hardware" for OEM purchase?  I've heard it
> can be as simple as a PC power cord.
> 3. Would it matter that you bought a PC and the OEM software from two
> different vendors?
> 4. If the answer to all these questions are negative, why the heck are OEM
> licenses so easy to purchase?

> Thanks.

 
 
 

Which to buy, OEM License or Retail?

Post by MeteredByte » Wed, 31 Jul 2002 23:33:32


Duncan.. like others have suggested, there is nothing illegal.  Vendors can
sell OEM if they include hardware with the sale. I purchased 2 OEM XP Pro
and the hardware I got was LOL - 2 electrical cords - had to laff - but that
satisfied the hardware OEM rule.

Since I only have desktop and no laptop and have no desire to use M/soft
tech support - OEM works for me. I get my tech support here in the
newsgroups - which is usually much quicker/better, and certainly free. I
absolutely refuse to be made to pay for support when M/soft does not
provide/include a full written manual/guide etc. Sorry, but online/help
stuff does not cut it - why? you have to do the searches in their way of
thinking - not yours - have spent many wasted hours trying to figure out ok
how hell did they index the particiular problem/topic I need information
about. The Knowledge Base thing is great - if you are good at thinking in
the same linear fashion as they are and know their words/vocabulary etc.

OEM stuff registers/activates no differently than retail.


Quote:> We recently bought some PCs from a local retailer.  Windows XP was
> installed, but we need to buy and install Office XP as well.

> I've noticed many internet shops sell Office XP OEM version for around
$190,
> while the retail price for this is almost double that amount.  Typically,
> the internet store will say "Must be purchased with qualifying hardware"
on
> the page they are hawking their OEM Office XP.

> So, my questions are:
> 1. Is it legal to buy an OEM copy of Office XP and install?
> 2. What consitutes "qualifying hardware" for OEM purchase?  I've heard it
> can be as simple as a PC power cord.
> 3. Would it matter that you bought a PC and the OEM software from two
> different vendors?
> 4. If the answer to all these questions are negative, why the heck are OEM
> licenses so easy to purchase?

> Thanks.

 
 
 

Which to buy, OEM License or Retail?

Post by BobDelane » Wed, 31 Jul 2002 23:44:21


   The terms of the license under which a hardware manufacturer may sell an
OEM version of Windows XP are specific. It *must* be sold as part of the
purchase of a new system. There is no benefit for buying an OEM license, as
among other things, your support comes from the OEM and not Microsoft. Get
the Upgrade version for Windows XP. For nearly all users, this means the
Home Edition. Unless you are hooked to a corporate network, and need the
network-specific features in Windows XP Pro, or unless you are a high-end
web developer using Internet Information Services (IIS) to test Active
Server Pages on the local computer before uploading them, you will never
need XP Pro.
   In your case, just buy the XP Home Upgrade product, and be done with it.
There is no free lunch.It is a violation of the license terms for an OEM to
attempt to sell copies of Windows XP without the purchase of a new computer.
--
Bob Delaney
Microsoft Desktop Systems MVP

Quote:> We recently bought some PCs from a local retailer.  Windows XP was
> installed, but we need to buy and install Office XP as well.

> I've noticed many internet shops sell Office XP OEM version for around
$190,
> while the retail price for this is almost double that amount.  Typically,
> the internet store will say "Must be purchased with qualifying hardware"
on
> the page they are hawking their OEM Office XP.

> So, my questions are:
> 1. Is it legal to buy an OEM copy of Office XP and install?
> 2. What consitutes "qualifying hardware" for OEM purchase?  I've heard it
> can be as simple as a PC power cord.
> 3. Would it matter that you bought a PC and the OEM software from two
> different vendors?
> 4. If the answer to all these questions are negative, why the heck are OEM
> licenses so easy to purchase?

> Thanks.

 
 
 

Which to buy, OEM License or Retail?

Post by kurttrai » Thu, 01 Aug 2002 00:05:02


What BS!  OEM copies can be legally purchased with one piece of computer
hardware from hardware/software distributors, and OEM software is not only
sold by computer manufacturers.  There are many sites all over the internet.
MS would have the sites shut down if these sites weren't in compliance.

--
Peace!
Kurt
http://microscum.kurttrail.com
"Produkt-Aktivierung macht frei!"


>    The terms of the license under which a hardware manufacturer may sell
an
> OEM version of Windows XP are specific. It *must* be sold as part of the
> purchase of a new system. There is no benefit for buying an OEM license,
as
> among other things, your support comes from the OEM and not Microsoft. Get
> the Upgrade version for Windows XP. For nearly all users, this means the
> Home Edition. Unless you are hooked to a corporate network, and need the
> network-specific features in Windows XP Pro, or unless you are a high-end
> web developer using Internet Information Services (IIS) to test Active
> Server Pages on the local computer before uploading them, you will never
> need XP Pro.
>    In your case, just buy the XP Home Upgrade product, and be done with
it.
> There is no free lunch.It is a violation of the license terms for an OEM
to
> attempt to sell copies of Windows XP without the purchase of a new
computer.
> --
> Bob Delaney
> Microsoft Desktop Systems MVP


> > We recently bought some PCs from a local retailer.  Windows XP was
> > installed, but we need to buy and install Office XP as well.

> > I've noticed many internet shops sell Office XP OEM version for around
> $190,
> > while the retail price for this is almost double that amount.
Typically,
> > the internet store will say "Must be purchased with qualifying hardware"
> on
> > the page they are hawking their OEM Office XP.

> > So, my questions are:
> > 1. Is it legal to buy an OEM copy of Office XP and install?
> > 2. What consitutes "qualifying hardware" for OEM purchase?  I've heard
it
> > can be as simple as a PC power cord.
> > 3. Would it matter that you bought a PC and the OEM software from two
> > different vendors?
> > 4. If the answer to all these questions are negative, why the heck are
OEM
> > licenses so easy to purchase?

> > Thanks.

 
 
 

Which to buy, OEM License or Retail?

Post by Lanwenc » Thu, 01 Aug 2002 00:57:31


I believe you're mistaken. Have you confirmed this with Microsoft? Got a
link?



> What BS!  OEM copies can be legally purchased with one piece of computer
> hardware from hardware/software distributors, and OEM software is not only
> sold by computer manufacturers.  There are many sites all over the
internet.
> MS would have the sites shut down if these sites weren't in compliance.

> --
> Peace!
> Kurt
> http://microscum.kurttrail.com
> "Produkt-Aktivierung macht frei!"



> >    The terms of the license under which a hardware manufacturer may sell
> an
> > OEM version of Windows XP are specific. It *must* be sold as part of the
> > purchase of a new system. There is no benefit for buying an OEM license,
> as
> > among other things, your support comes from the OEM and not Microsoft.
Get
> > the Upgrade version for Windows XP. For nearly all users, this means the
> > Home Edition. Unless you are hooked to a corporate network, and need the
> > network-specific features in Windows XP Pro, or unless you are a
high-end
> > web developer using Internet Information Services (IIS) to test Active
> > Server Pages on the local computer before uploading them, you will never
> > need XP Pro.
> >    In your case, just buy the XP Home Upgrade product, and be done with
> it.
> > There is no free lunch.It is a violation of the license terms for an OEM
> to
> > attempt to sell copies of Windows XP without the purchase of a new
> computer.
> > --
> > Bob Delaney
> > Microsoft Desktop Systems MVP


> > > We recently bought some PCs from a local retailer.  Windows XP was
> > > installed, but we need to buy and install Office XP as well.

> > > I've noticed many internet shops sell Office XP OEM version for around
> > $190,
> > > while the retail price for this is almost double that amount.
> Typically,
> > > the internet store will say "Must be purchased with qualifying
hardware"
> > on
> > > the page they are hawking their OEM Office XP.

> > > So, my questions are:
> > > 1. Is it legal to buy an OEM copy of Office XP and install?
> > > 2. What consitutes "qualifying hardware" for OEM purchase?  I've heard
> it
> > > can be as simple as a PC power cord.
> > > 3. Would it matter that you bought a PC and the OEM software from two
> > > different vendors?
> > > 4. If the answer to all these questions are negative, why the heck are
> OEM
> > > licenses so easy to purchase?

> > > Thanks.

 
 
 

Which to buy, OEM License or Retail?

Post by Carolyn Marenge » Thu, 01 Aug 2002 01:06:14


The idea behind OEM packages, is that they are bought with a system.  As
far as legal is concerned - it is not illegal for you to buy an OEM
package.  It may be a breach of contract for a retail store to sell it to
you.

M$ would probably appreciate knowing who was selling their OEM software
with only a power cord - but then M$ likes to know lots about everyone who
even sneezes in proximity to their software.  In case you hadn't noticed,
I'm not an M$ fan.  But each to their own...

Carolyn

On Tuesday 30 July 2002 08:49 am, Duncan Tuna scribed the following message:

Quote:> We recently bought some PCs from a local retailer.  Windows XP was
> installed, but we need to buy and install Office XP as well.

> I've noticed many internet shops sell Office XP OEM version for around
> $190,
> while the retail price for this is almost double that amount.  Typically,
> the internet store will say "Must be purchased with qualifying hardware"
> on the page they are hawking their OEM Office XP.

> So, my questions are:
> 1. Is it legal to buy an OEM copy of Office XP and install?
> 2. What consitutes "qualifying hardware" for OEM purchase?  I've heard it
> can be as simple as a PC power cord.
> 3. Would it matter that you bought a PC and the OEM software from two
> different vendors?
> 4. If the answer to all these questions are negative, why the heck are OEM
> licenses so easy to purchase?

> Thanks.

--
Carolyn Marenger, Co-Director
Society for the Betterment of the Marenger Family
Linux Registered User #276640
 
 
 

Which to buy, OEM License or Retail?

Post by Sue Mosher [MVP » Thu, 01 Aug 2002 01:11:58


FWIW, I found the OEM License Agreement at
http://www.microsoft.com/oem/licensesample.asp. It states:

4. SOFTWARE DISTRIBUTION
4.1. If the enclosed Software Unit includes a Microsoft desktop operating
system program, MS grants to you a non-exclusive right to distribute each
Software Unit, provided it is distributed accompanied with either a fully
assembled computer system or non-peripheral computer hardware component. A
fully assembled computer system shall consist of at least a central
processing unit, a motherboard, a hard drive, a power supply and a case.
4.2. If the enclosed Software Unit includes a Microsoft application or
server program, MS grants to you a non-exclusive right to distribute each
Software Unit, provided it is distributed to the end user accompanied only
with a fully assembled computer system.

16. MISCELLANEOUS
16.1. You may not advertise or price any Software Unit separately from its
accompanying fully assembled computer system or computer hardware.

--
Sue Mosher, Outlook MVP
Outlook and Exchange solutions at http://www.slipstick.com
Author of
     Microsoft Outlook Programming - coming September 2002
     http://www.slipstick.com/books/jumpstart.htm



> I believe you're mistaken. Have you confirmed this with Microsoft? Got a
> link?



> > What BS!  OEM copies can be legally purchased with one piece of computer
> > hardware from hardware/software distributors, and OEM software is not
only
> > sold by computer manufacturers.  There are many sites all over the
> internet.
> > MS would have the sites shut down if these sites weren't in compliance.

> > --
> > Peace!
> > Kurt
> > http://microscum.kurttrail.com
> > "Produkt-Aktivierung macht frei!"



> > >    The terms of the license under which a hardware manufacturer may
sell
> > an
> > > OEM version of Windows XP are specific. It *must* be sold as part of
the
> > > purchase of a new system. There is no benefit for buying an OEM
license,
> > as
> > > among other things, your support comes from the OEM and not Microsoft.
> Get
> > > the Upgrade version for Windows XP. For nearly all users, this means
the
> > > Home Edition. Unless you are hooked to a corporate network, and need
the
> > > network-specific features in Windows XP Pro, or unless you are a
> high-end
> > > web developer using Internet Information Services (IIS) to test Active
> > > Server Pages on the local computer before uploading them, you will
never
> > > need XP Pro.
> > >    In your case, just buy the XP Home Upgrade product, and be done
with
> > it.
> > > There is no free lunch.It is a violation of the license terms for an
OEM
> > to
> > > attempt to sell copies of Windows XP without the purchase of a new
> > computer.
> > > --
> > > Bob Delaney
> > > Microsoft Desktop Systems MVP


> > > > We recently bought some PCs from a local retailer.  Windows XP was
> > > > installed, but we need to buy and install Office XP as well.

> > > > I've noticed many internet shops sell Office XP OEM version for
around
> > > $190,
> > > > while the retail price for this is almost double that amount.
> > Typically,
> > > > the internet store will say "Must be purchased with qualifying
> hardware"
> > > on
> > > > the page they are hawking their OEM Office XP.

> > > > So, my questions are:
> > > > 1. Is it legal to buy an OEM copy of Office XP and install?
> > > > 2. What consitutes "qualifying hardware" for OEM purchase?  I've
heard
> > it
> > > > can be as simple as a PC power cord.
> > > > 3. Would it matter that you bought a PC and the OEM software from
two
> > > > different vendors?
> > > > 4. If the answer to all these questions are negative, why the heck
are
> > OEM
> > > > licenses so easy to purchase?

> > > > Thanks.

 
 
 

Which to buy, OEM License or Retail?

Post by kurttrai » Thu, 01 Aug 2002 01:19:02


Here would be a partial list of OEM resellers.

http://makeashorterlink.com/?N26B12361
http://makeashorterlink.com/?O17B52361
http://makeashorterlink.com/?U1BB22361

MS isn't a authority when it comes to the truth and legality, they'll tell
you just about anything to generate more sales.

--
Peace!
Kurt
http://microscum.kurttrail.com
"Produkt-Aktivierung macht frei!"



> I believe you're mistaken. Have you confirmed this with Microsoft? Got a
> link?



> > What BS!  OEM copies can be legally purchased with one piece of computer
> > hardware from hardware/software distributors, and OEM software is not
only
> > sold by computer manufacturers.  There are many sites all over the
> internet.
> > MS would have the sites shut down if these sites weren't in compliance.

> > --
> > Peace!
> > Kurt
> > http://microscum.kurttrail.com
> > "Produkt-Aktivierung macht frei!"



> > >    The terms of the license under which a hardware manufacturer may
sell
> > an
> > > OEM version of Windows XP are specific. It *must* be sold as part of
the
> > > purchase of a new system. There is no benefit for buying an OEM
license,
> > as
> > > among other things, your support comes from the OEM and not Microsoft.
> Get
> > > the Upgrade version for Windows XP. For nearly all users, this means
the
> > > Home Edition. Unless you are hooked to a corporate network, and need
the
> > > network-specific features in Windows XP Pro, or unless you are a
> high-end
> > > web developer using Internet Information Services (IIS) to test Active
> > > Server Pages on the local computer before uploading them, you will
never
> > > need XP Pro.
> > >    In your case, just buy the XP Home Upgrade product, and be done
with
> > it.
> > > There is no free lunch.It is a violation of the license terms for an
OEM
> > to
> > > attempt to sell copies of Windows XP without the purchase of a new
> > computer.
> > > --
> > > Bob Delaney
> > > Microsoft Desktop Systems MVP


> > > > We recently bought some PCs from a local retailer.  Windows XP was
> > > > installed, but we need to buy and install Office XP as well.

> > > > I've noticed many internet shops sell Office XP OEM version for
around
> > > $190,
> > > > while the retail price for this is almost double that amount.
> > Typically,
> > > > the internet store will say "Must be purchased with qualifying
> hardware"
> > > on
> > > > the page they are hawking their OEM Office XP.

> > > > So, my questions are:
> > > > 1. Is it legal to buy an OEM copy of Office XP and install?
> > > > 2. What consitutes "qualifying hardware" for OEM purchase?  I've
heard
> > it
> > > > can be as simple as a PC power cord.
> > > > 3. Would it matter that you bought a PC and the OEM software from
two
> > > > different vendors?
> > > > 4. If the answer to all these questions are negative, why the heck
are
> > OEM
> > > > licenses so easy to purchase?

> > > > Thanks.

 
 
 

Which to buy, OEM License or Retail?

Post by Greg » Thu, 01 Aug 2002 02:06:35


How would you interpret this from the licence as posted by Sue Mosher.
"or non-peripheral computer hardware component."



> I believe you're mistaken. Have you confirmed this with Microsoft? Got a
> link?



> > What BS!  OEM copies can be legally purchased with one piece of computer
> > hardware from hardware/software distributors, and OEM software is not
only
> > sold by computer manufacturers.  There are many sites all over the
> internet.
> > MS would have the sites shut down if these sites weren't in compliance.

> > --
> > Peace!
> > Kurt
> > http://microscum.kurttrail.com
> > "Produkt-Aktivierung macht frei!"



> > >    The terms of the license under which a hardware manufacturer may
sell
> > an
> > > OEM version of Windows XP are specific. It *must* be sold as part of
the
> > > purchase of a new system. There is no benefit for buying an OEM
license,
> > as
> > > among other things, your support comes from the OEM and not Microsoft.
> Get
> > > the Upgrade version for Windows XP. For nearly all users, this means
the
> > > Home Edition. Unless you are hooked to a corporate network, and need
the
> > > network-specific features in Windows XP Pro, or unless you are a
> high-end
> > > web developer using Internet Information Services (IIS) to test Active
> > > Server Pages on the local computer before uploading them, you will
never
> > > need XP Pro.
> > >    In your case, just buy the XP Home Upgrade product, and be done
with
> > it.
> > > There is no free lunch.It is a violation of the license terms for an
OEM
> > to
> > > attempt to sell copies of Windows XP without the purchase of a new
> > computer.
> > > --
> > > Bob Delaney
> > > Microsoft Desktop Systems MVP


> > > > We recently bought some PCs from a local retailer.  Windows XP was
> > > > installed, but we need to buy and install Office XP as well.

> > > > I've noticed many internet shops sell Office XP OEM version for
around
> > > $190,
> > > > while the retail price for this is almost double that amount.
> > Typically,
> > > > the internet store will say "Must be purchased with qualifying
> hardware"
> > > on
> > > > the page they are hawking their OEM Office XP.

> > > > So, my questions are:
> > > > 1. Is it legal to buy an OEM copy of Office XP and install?
> > > > 2. What consitutes "qualifying hardware" for OEM purchase?  I've
heard
> > it
> > > > can be as simple as a PC power cord.
> > > > 3. Would it matter that you bought a PC and the OEM software from
two
> > > > different vendors?
> > > > 4. If the answer to all these questions are negative, why the heck
are
> > OEM
> > > > licenses so easy to purchase?

> > > > Thanks.

 
 
 

Which to buy, OEM License or Retail?

Post by Lanwenc » Thu, 01 Aug 2002 02:28:56


Pardon me? It's Microsoft's own software. They control the copyright and
distribution. Therefore, one's right to use it/distribute it is pretty much
whatever they say it is, and I'm fairly certain they've had some legal
advice on this topic.



> Here would be a partial list of OEM resellers.

> http://makeashorterlink.com/?N26B12361
> http://makeashorterlink.com/?O17B52361
> http://makeashorterlink.com/?U1BB22361

> MS isn't a authority when it comes to the truth and legality, they'll tell
> you just about anything to generate more sales.

> --
> Peace!
> Kurt
> http://microscum.kurttrail.com
> "Produkt-Aktivierung macht frei!"



> > I believe you're mistaken. Have you confirmed this with Microsoft? Got a
> > link?



> > > What BS!  OEM copies can be legally purchased with one piece of
computer
> > > hardware from hardware/software distributors, and OEM software is not
> only
> > > sold by computer manufacturers.  There are many sites all over the
> > internet.
> > > MS would have the sites shut down if these sites weren't in
compliance.

> > > --
> > > Peace!
> > > Kurt
> > > http://microscum.kurttrail.com
> > > "Produkt-Aktivierung macht frei!"



> > > >    The terms of the license under which a hardware manufacturer may
> sell
> > > an
> > > > OEM version of Windows XP are specific. It *must* be sold as part of
> the
> > > > purchase of a new system. There is no benefit for buying an OEM
> license,
> > > as
> > > > among other things, your support comes from the OEM and not
Microsoft.
> > Get
> > > > the Upgrade version for Windows XP. For nearly all users, this means
> the
> > > > Home Edition. Unless you are hooked to a corporate network, and need
> the
> > > > network-specific features in Windows XP Pro, or unless you are a
> > high-end
> > > > web developer using Internet Information Services (IIS) to test
Active
> > > > Server Pages on the local computer before uploading them, you will
> never
> > > > need XP Pro.
> > > >    In your case, just buy the XP Home Upgrade product, and be done
> with
> > > it.
> > > > There is no free lunch.It is a violation of the license terms for an
> OEM
> > > to
> > > > attempt to sell copies of Windows XP without the purchase of a new
> > > computer.
> > > > --
> > > > Bob Delaney
> > > > Microsoft Desktop Systems MVP


> > > > > We recently bought some PCs from a local retailer.  Windows XP was
> > > > > installed, but we need to buy and install Office XP as well.

> > > > > I've noticed many internet shops sell Office XP OEM version for
> around
> > > > $190,
> > > > > while the retail price for this is almost double that amount.
> > > Typically,
> > > > > the internet store will say "Must be purchased with qualifying
> > hardware"
> > > > on
> > > > > the page they are hawking their OEM Office XP.

> > > > > So, my questions are:
> > > > > 1. Is it legal to buy an OEM copy of Office XP and install?
> > > > > 2. What consitutes "qualifying hardware" for OEM purchase?  I've
> heard
> > > it
> > > > > can be as simple as a PC power cord.
> > > > > 3. Would it matter that you bought a PC and the OEM software from
> two
> > > > > different vendors?
> > > > > 4. If the answer to all these questions are negative, why the heck
> are
> > > OEM
> > > > > licenses so easy to purchase?

> > > > > Thanks.

 
 
 

Which to buy, OEM License or Retail?

Post by Lee » Thu, 01 Aug 2002 02:55:24


There has always been a grey market for OEM versions of any software or
hardware.  Just because they do it and get away with it doesn't mean it is
legal (in the USA); it might be legal "there", they don't provide
reciprocity in their laws, or they simply are selling an overstock which
gets sold before the manufacturer slaps their hands.  There are some OEM
agreements for redistribution that allow the products to be sold seperately,
but these are NOT explained in the license agreement that you may see.  If
you buy an OEM product, check with the vendor to get a copy of their
agreement with the manufacturer that allows them to distribute the OEM
version of their product as a stand-alone item, or contact the manufacturer
and ask if they have an OEM agreement with the vendor to distribute their
product as stand-alone.

For Windows XP, at http://www.microsoft.com/education/license/eula.asp are
some tips on when you can legally obtain an OEM license and how to use it.
For example:

20. Are there many different types of software piracy? Is one type of piracy
less damaging than any other?
...
OEM standalone product. This form of license misuse occurs when OEM version
software has been unbundled from its designated computer system and
distributed as a separate, "standalone" product. As stated in Question No.
23, Microsoft's agreement with computer manufacturers prohibits them from
distributing Microsoft products in this fashion, i.e., without accompanying
PC hardware.

--
____________________________________________________________
(Remove "-nix" from username if present in email address.)

 
 
 

Which to buy, OEM License or Retail?

Post by kurttrai » Thu, 01 Aug 2002 02:53:37


In this country, the US of A, the government, through the courts, settle
disputes over what's legal or not, not MS or any other copyright owner,
Lanwrench!

And MS is a convicted monopolist, so you go to a corporate criminal to get
their advise on what's legal.  I'll read US law, and trust my own
interpretation, over a greedy corporation.

--
Peace!
Kurt
http://microscum.kurttrail.com
"Produkt-Aktivierung macht frei!"



> Pardon me? It's Microsoft's own software. They control the copyright and
> distribution. Therefore, one's right to use it/distribute it is pretty
much
> whatever they say it is, and I'm fairly certain they've had some legal
> advice on this topic.



> > Here would be a partial list of OEM resellers.

> > http://makeashorterlink.com/?N26B12361
> > http://makeashorterlink.com/?O17B52361
> > http://makeashorterlink.com/?U1BB22361

> > MS isn't a authority when it comes to the truth and legality, they'll
tell
> > you just about anything to generate more sales.

> > --
> > Peace!
> > Kurt
> > http://microscum.kurttrail.com
> > "Produkt-Aktivierung macht frei!"


wrote

> > > I believe you're mistaken. Have you confirmed this with Microsoft? Got
a
> > > link?


in

> > > > What BS!  OEM copies can be legally purchased with one piece of
> computer
> > > > hardware from hardware/software distributors, and OEM software is
not
> > only
> > > > sold by computer manufacturers.  There are many sites all over the
> > > internet.
> > > > MS would have the sites shut down if these sites weren't in
> compliance.

> > > > --
> > > > Peace!
> > > > Kurt
> > > > http://microscum.kurttrail.com
> > > > "Produkt-Aktivierung macht frei!"



> > > > >    The terms of the license under which a hardware manufacturer
may
> > sell
> > > > an
> > > > > OEM version of Windows XP are specific. It *must* be sold as part
of
> > the
> > > > > purchase of a new system. There is no benefit for buying an OEM
> > license,
> > > > as
> > > > > among other things, your support comes from the OEM and not
> Microsoft.
> > > Get
> > > > > the Upgrade version for Windows XP. For nearly all users, this
means
> > the
> > > > > Home Edition. Unless you are hooked to a corporate network, and
need
> > the
> > > > > network-specific features in Windows XP Pro, or unless you are a
> > > high-end
> > > > > web developer using Internet Information Services (IIS) to test
> Active
> > > > > Server Pages on the local computer before uploading them, you will
> > never
> > > > > need XP Pro.
> > > > >    In your case, just buy the XP Home Upgrade product, and be done
> > with
> > > > it.
> > > > > There is no free lunch.It is a violation of the license terms for
an
> > OEM
> > > > to
> > > > > attempt to sell copies of Windows XP without the purchase of a new
> > > > computer.
> > > > > --
> > > > > Bob Delaney
> > > > > Microsoft Desktop Systems MVP


> > > > > > We recently bought some PCs from a local retailer.  Windows XP
was
> > > > > > installed, but we need to buy and install Office XP as well.

> > > > > > I've noticed many internet shops sell Office XP OEM version for
> > around
> > > > > $190,
> > > > > > while the retail price for this is almost double that amount.
> > > > Typically,
> > > > > > the internet store will say "Must be purchased with qualifying
> > > hardware"
> > > > > on
> > > > > > the page they are hawking their OEM Office XP.

> > > > > > So, my questions are:
> > > > > > 1. Is it legal to buy an OEM copy of Office XP and install?
> > > > > > 2. What consitutes "qualifying hardware" for OEM purchase?  I've
> > heard
> > > > it
> > > > > > can be as simple as a PC power cord.
> > > > > > 3. Would it matter that you bought a PC and the OEM software
from
> > two
> > > > > > different vendors?
> > > > > > 4. If the answer to all these questions are negative, why the
heck
> > are
> > > > OEM
> > > > > > licenses so easy to purchase?

> > > > > > Thanks.

 
 
 

Which to buy, OEM License or Retail?

Post by Richard Benzin » Thu, 01 Aug 2002 03:02:25


Check out this site, has some interesting Licensing cases, I haven't found
anything about OEM yet, but from what I did see, it says EULA's are
worthless!!


> How would you interpret this from the licence as posted by Sue Mosher.
> "or non-peripheral computer hardware component."



> > I believe you're mistaken. Have you confirmed this with Microsoft? Got a
> > link?



> > > What BS!  OEM copies can be legally purchased with one piece of
computer
> > > hardware from hardware/software distributors, and OEM software is not
> only
> > > sold by computer manufacturers.  There are many sites all over the
> > internet.
> > > MS would have the sites shut down if these sites weren't in
compliance.

> > > --
> > > Peace!
> > > Kurt
> > > http://microscum.kurttrail.com
> > > "Produkt-Aktivierung macht frei!"



> > > >    The terms of the license under which a hardware manufacturer may
> sell
> > > an
> > > > OEM version of Windows XP are specific. It *must* be sold as part of
> the
> > > > purchase of a new system. There is no benefit for buying an OEM
> license,
> > > as
> > > > among other things, your support comes from the OEM and not
Microsoft.
> > Get
> > > > the Upgrade version for Windows XP. For nearly all users, this means
> the
> > > > Home Edition. Unless you are hooked to a corporate network, and need
> the
> > > > network-specific features in Windows XP Pro, or unless you are a
> > high-end
> > > > web developer using Internet Information Services (IIS) to test
Active
> > > > Server Pages on the local computer before uploading them, you will
> never
> > > > need XP Pro.
> > > >    In your case, just buy the XP Home Upgrade product, and be done
> with
> > > it.
> > > > There is no free lunch.It is a violation of the license terms for an
> OEM
> > > to
> > > > attempt to sell copies of Windows XP without the purchase of a new
> > > computer.
> > > > --
> > > > Bob Delaney
> > > > Microsoft Desktop Systems MVP


> > > > > We recently bought some PCs from a local retailer.  Windows XP was
> > > > > installed, but we need to buy and install Office XP as well.

> > > > > I've noticed many internet shops sell Office XP OEM version for
> around
> > > > $190,
> > > > > while the retail price for this is almost double that amount.
> > > Typically,
> > > > > the internet store will say "Must be purchased with qualifying
> > hardware"
> > > > on
> > > > > the page they are hawking their OEM Office XP.

> > > > > So, my questions are:
> > > > > 1. Is it legal to buy an OEM copy of Office XP and install?
> > > > > 2. What consitutes "qualifying hardware" for OEM purchase?  I've
> heard
> > > it
> > > > > can be as simple as a PC power cord.
> > > > > 3. Would it matter that you bought a PC and the OEM software from
> two
> > > > > different vendors?
> > > > > 4. If the answer to all these questions are negative, why the heck
> are
> > > OEM
> > > > > licenses so easy to purchase?

> > > > > Thanks.

 
 
 

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