I wonder what a pre-install disk does anyway? I thought XP was like 99 bucks and I was only saving a little, but now I see that it's like 200, so I guess it's worth it, although according to Microsoft you can' put OEM software on another machine or apparently upgrade hardware too much either. I don't really understand all the ins and outs. Anybody?
Just got it yesterday. 93 bucks from newegg and it's the full version, pre-install cd and everything. Even Microsoft said it would be the full version when I called them. They said the only difference is that you're not supposed to put it on a new computer if you get one or upgrade the current one too much, although that seems like a very gray area and I couldn't get a straight answer out of her.
OEM Operating System Software is ONLY for installation on a new computer system. The one exception being if a customer purchases a new Hard disk and wishes an OEM copy to be installed on this new hard disk for use as the primary boot drive in an existing computer.
The rules are pretty clear that only an authorized Microsoft Partner may install this software. Providing an OPK CD to any end-user is a violation of the Microsoft System Builder Licensing agreement, and thus the dealer may (and in this case will) be held legally responsible.
Finally, consumers that manage to somehow get their hands around OEM copies should be very concerned about actually getting pirated software. Should a consumer install OEM software that turns out to be pirated, that consumer will be held legally responsible and liable for possession and use of that software. (Meaning, buyer beware!)
Well, I don't know where you got your info from, but I got mine directly from Microsoft. And according to them there are gray areas. She said there was nothing wrong with the fact that I got my copy with some hardware I bought from newegg, and I didn't even buy a hard drive like you state is supposedly the only other way to legally have an OEM copy. She also told me that it's only supposed to be used on one computer and I told her I was building a new one and she said it was fine to use the copy, but it may or may not (hence the gray area) be ok during certain upgrades. I could not get a straight answer from her what she meant, I said "do you mean I can't use it when upgrading a hard drive" and she just said it depends. I mean to some people changing a case makes it a new computer, so who knows what's ok and what's not. All I bought with mine was a MB and a VC. I mean, what happens if I RMA the MB, that's a gray area for sure, cuz whatever I put the Windows disk on may not be what I ordered it with, yet I own a legal copy and you say "in this case will be", inferring that Newegg will be prosecuted? I doubt it. And I also doubt Newegg is selling pirated copies of Microsoft software. So, I'd love to learn more about this issue if you actually have something helpfull to say instead of making threats and speaking in half truths. Hey, maybe the Microsoft lady doesn't know what she's talking about, but your attitude certainly doesn't help clear things up.
It's not uncommon for small computer shops to buy OEM copies of Windows XP and resell them. It is, after all, cheaper than the full retail. If a customer wants an OEM copy of Windows XP and is willing to fulfill the hardware purchase requirement... then there is nothing wrong with it. OEMs come in three packs usually... so they are definately more expensive to buy right off the bat... but your cost per unit is significantly lower.
On a side note, I would never provide an OPK CD to an end-user. I just keep them around... I have never actually used them. I also guarantee that any OEM product I may sell is genuine... and certainly not a pirated copy.
<font color=red> If you design software that is fool-proof, only a fool will want to use it. </font color=red>
I hope you got "her" name and Microsoft ID Number. The information you were provided is anything but detailed and accurate. Microsoft has very clear lines drawn regarding the use of ALL software in the form of the End User Licensing Agreement or EULA. The Microsoft Product Integration Program and Systems Builder Licensing are among the options available for manufacturers, application service providers, independent software vendors (ISVs), and developers. We sign the appropriate licensing agreements when partnering with Microsoft. This is where OUR rules come from regarding what we can do with OEM software. Selling OEM software in methodologies beyond what I described is a violation of Partner Agreement.
I get my information from being an Authorized Microsoft System Builder and a Certified Microsoft Partner. I get weekly emails telling me how it illegal to sell OEM software under any circumstances beyond what I pointed out to you in my above post.
As far as "using the copy" for another PC, that also is a violation of the EULA which means again, you could be held liable for software piracy. You can confirm this for yourself by reading the EULA which is on the first screen after loading the software and available in many other places as well.
In the case of OEM software, let me be clear. Microsoft OEM Titles MAY NOT be transferred from one computer to another. OEM Software is for installation on a new PC ONLY. If you upgrade TO A NEW PC, the OEM license included in your OLD PC becomes VOID (that is unless you continue to use it on the old PC) as again; it is intended to be loaded ONLY on a new PC. This also releases the OEM from support liability which is the case with all OEM titles. We the dealers are responsible for supporting those titles on the PC's we sold that included them. This is why OEM copies include a sticker that MUST be physically attached by the dealer to the CASE of the original PC.
Should you upgrade your hardware, it is okay to continue to use that same copy on the upgrade but it is not permitted to transfer an OEM copy from one PC to another. It is permitted to transfer a Retail copy from One PC to another as the retail EULA specifically states that you are buying a Hardware transferable USE license which differs from the OEM software which is NOT hardware transferable.
If you RMA your Motherboard, the replacement board is supposed to be the same make and model for use under OEM software. If not, you are looking at a dealer reload which is permitted under the Microsoft Partner License. Hence, the reason why consumers are not supposed to have access to OEM software or especially the OPK discs.
My intention in the original email was not to threaten anyone, but rather make you aware that there have been many instances of abuse of the existing licensing policies and many people are being held accountable by the BSA and Microsoft. Yes, there have been cases of online retailers selling illegal copies of OEM software. If you don't believe it, check the BSA website and see for yourself.
Under the existing rules, OEM software not installed on a new PC by an authorized partner constitutes piracy.
To quote the BSA:
End User Piracy:
This occurs when a company employee reproduces copies of software without authorization. End user piracy can take the following forms:
Using one licensed copy to install a program on multiple computers;
Copying disks for installation and distribution;
Taking advantage of upgrade offers without having a legal copy of the version to be upgraded;
Acquiring academic or other restricted or non-retail software without a license for commercial use;
Swapping disks in or outside the workplace
In this case, non-retail software is the section that relates to what we are talking about. Even the CD clearly says on it, "For distribution with a new PC only. The Certificate of Authenticity label should be attached to your PC. For product support, contact the manufacturer of your PC."
To be clear, there are no half truths in my post, you can cut and paste it into an email to Microsoft should you have doubts, which is at this point what I would recommend.
I simply wanted to make you aware that acquiring OEM software beyond the scope of what I outlined constitutes piracy, which yes, is illegal. My message was intended to simply make you aware of it and the possible repercussions associated with obtaining OEM software using the methodology that you outlined.
To quote the first section:
"Personal computer manufacturers, or Original Equipment Manufacturers (OEMs), often have agreements with Microsoft allowing them to distribute OEM Software. OEM software is a special version of software that must be distributed pre-installed on the hard drive of a PC when it's manufactured or bundled with computer hardware. OEM software should never be distributed without a corresponding PC or computer hardware."
>To quote the first section:
>"Personal computer manufacturers, or Original Equipment
>Manufacturers (OEMs), often have agreements with Microsoft
>allowing them to distribute OEM Software. OEM software is a
>special version of software that must be distributed
>pre-installed on the hard drive of a PC when it's
>manufactured or bundled with computer hardware. OEM software
>should never be distributed without a corresponding PC or
Right their in your quote it states that it is acceptable to distribute it with "computer hardware".