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
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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.
Baseline Information:
http://www.bsa.org/usa/antipiracy/law/Piracy_Law03.pdf
http://www.microsoft.com/licensing/
Most importantly, the OEM license agreement!
http://www.microsoft.com/piracy/basics/what/oem.asp
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."
Nuf Said.
Steph Benoit, President
Stable Technologies
'The way IT should be!'
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