Re: OEM XP
From: Alias (maskedandanonymous_at_aka.com)
Date: 07/17/04
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Date: Sat, 17 Jul 2004 11:27:57 +0200
"*Vanguard*" <do-not-email@mydomain.invalid> wrote in message
news:Nd6dnUwWl52QJmXdRVn-hQ@comcast.com...
> "Alias" <maskedandanonymous@aka.com>
> wrote in news:2lpoboFfkddoU1@uni-berlin.de:
> > "*Vanguard*" <lh_vanguard@mailblocks.com> wrote in message
> > news:uzRse$waEHA.4036@TK2MSFTNGP11.phx.gbl...
> >> "Jupiter Jones [MVP]" <jones_jupiter@hotnomail.com>
> >> wrote in news:%23D4dt4waEHA.3012@tk2msftngp13.phx.gbl:
> >>> You will not be able to install on another computer.
> >> <snip>
> >>
> >>> "Alias" <maskedandanonymous@aka.com> wrote in message
> >>> news:2lpgr7Femr6lU1@uni-berlin.de...
> >>>> I have bought an OEM XP Pro. It is not tied to any hardware. <snip>
> >>
> >> But is it really a legal OEM copy if it was never purchased with and
> >> then tied to that qualifying hardware? Pre-installed OEM is tied to
> >> the computer (the "hardware") it was installed on. Non-installed OEM
> >> versions require some hardware be included in the purchase, even if
> >> it is just something like an IDE ribbon cable. Doesn't sound like
> >> Alias has a legal copy. Bet he can't contact the seller anymore,
> >> either.
> >
> > It is legal with the MS haliographs and everything. The seller is one
> > of the largest computer parts wholesellers in Spain. I didn't say I
> > have a "pre-installed OEM". I have an OEM that has never been
> > installed on any computer and is not tied to any hardware. We have
> > different laws in Spain that are not dictated by Mr. Gates or any of
> > his minions.
> >
> > Alias
>
> If your OEM is getting legal copies of OEM versions of Windows from
> Microsoft then Microsoft will be setting the rules on how the product
> gets sold to which your OEM (actually a reseller in this case) agreed by
> contract - and will be enforcable via contract law even in your country.
> Laws obviously cannot be written to cover every condition of every
> contract ever written, so the conditions of the contract are enforceable
> *unless* they violate applicable law. Microsoft is headquartered in the
> USA. They are a worldwide company and they have lawyers everywhere.
> Contact your OEM to find out what legal contract they have with
> Microsoft that permits them to sell OEM versions of Windows separate of
> ANY hardware. Or, alternatively, after you install it, run "winver" and
> click on the EULA link to see what it actually says. You could ask your
> OEM for a copy of the EULA, or just go look at X:\I386\EULA.TXT on the
> CD (where X: is the drive letter of the CD-type drive you use). Mine
> says:
>
> License Agreement ("EULA") is a legal agreement between you (either an
> individual or a single legal entity) and the manufacturer
> ("Manufacturer") of the computer system or computer system component
> ("HARDWARE") with which you acquired the Microsoft software product(s)
> identified on the Certificate of Authenticity ("COA") affixed to the
> HARDWARE or on the associated product documentation ("SOFTWARE").
>
> To paraphrase, "... computer system or component ("HARDWARE") **with**
> which you acquired the software". Notice the "with", as in the software
> comes WITH the qualifying hardware. You are required to buy SOME
> non-peripheral hardware with an OEM version of Windows. Being in a
> different country than where Microsoft is incorporated won't obviate
> your OEM from complying with whatever contract they signed with
> Microsoft, if any (for legal sales). Contract law will still apply.
> You do use contracts in Spain and which are legally binding documents,
> right? Read your EULA and see what *it* says. I got my OEM copy with a
> SATA drive cable as the qualifying hardware for a whopping cost of $2.
> Maybe Spain really does have real laws (rather than imagined) that ban
> the requirement of accompanying hardware with OEM versions of software.
> Never heard of that one before, though. Someone else will have to
> provide you with the conditions contained within a retail copy of
> Windows XP; I only have OEM versions (the 2 included problem tickets for
> retail Windows XP are, to me, not worth the extra cost).
>
> Does this proclaimed legit OEM vendor have a web site? If not, can you
> provide specific identifying information of this OEM? I'll send off an
> e-mail to Microsoft to notify them of the violation or have them check
> if that OEM does indeed have special privileges not afforded to other
> OEMs. If this OEM reseller does have a web site and an e-mail or
> webform contact, I'll send them a note asking them to respond on why
> they believe they do not need to include and require non-peripheral
> hardware in the resale of OEM versions of Windows. I'd be interested if
> they can really qualify those sales or even if they respond at all.
I am not going to risk jeopardising my supplier by providing you or
Microsoft with their details (I *like* buying legitimate copies of XP Pro
for 140 euros and XP Home for 82 euros). I will be seeing them on Monday and
I will ask them in person. I suspect that either the hardware deal is not a
law in Spain or the law has no teeth so no one pays it any mind, including
the authorities. Remember that Spain has the highest rate of software piracy
in Europe and no one, so far, has paid a fine or gone to jail. You must
understand that Spain, unlike the USA, has a penal code that is based on
Crime and Rehabilitation, not Crime and Punishment like the States. Unlike
the States, Spain recently came up from a 40 year totalitarian regime with
Franco so the current Spanish constitution is based more on human rights
than any other in the so-called "free world". To give you an example,
stealing under 300 euros is not a crime. Do that three times in California
and you're in prison for life.
I might add that I know three other stores, not wholesalers, who will sell
you MS OS OEM versions without any hardware.
Alias
- Next message: M. Rajesh: "RE: Making my Cd/DVD drive a bootable drive?"
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