Re: Differences between Windows Xp professional and Windos Xp Media Ce

From: Mike Brannigan [MSFT] (mikebran_at_online.microsoft.com)
Date: 10/28/04


Date: Thu, 28 Oct 2004 19:26:12 +0100


"David Candy" <david@mvps.org> wrote in message
news:OHLXcaRvEHA.3376@TK2MSFTNGP12.phx.gbl...
> Well I have reported piracy of Win 2000 Server and workstations
> but MS don't care (anything under $100,000 I think).
> And it was you (MS) that I was accusing.
> And I did not read anything on that page that said it was supplied
> with hardware. There was a disclaimer on it but no signs of hardware.

> Does MS advise that all retail/upgrade consumers buy OEM and save money.

David,

Please provide details of where you think we (Microsoft) has engaged in
fraudulent activity in regard to this matter.

I cannot speak for eBuyer but I recently purchased a part that was OEM only
from another supplier and during the purchase process on the web site I was
required to purchase a appropriate additional hardware component to comply
with the OEM licensing I was operating under for the part I was purchasing
initially.

Microsoft offers our Windows opertaing system for general retail sale or
purchase preinstalled by OEMs. There is also a market in existence that
supplies Microsoft OEM products with non peripheral hardware as part of the
purchase

End users/customer should choose whichever purchasing options best meets
there requirements given the differences that exist between all the options
in a number of areas - examples being (but not limited to) support and
license usage rights (OEM one time use vs. Retail may be moved) etc.

-- 
Regards,
Mike
--
Mike Brannigan [Microsoft]
This posting is provided "AS IS" with no warranties, and confers no
rights
Please note I cannot respond to e-mailed questions, please use these
newsgroups
"David Candy" <david@mvps.org> wrote in message 
news:OHLXcaRvEHA.3376@TK2MSFTNGP12.phx.gbl...
Well I have reported piracy of Win 2000 Server and workstations but MS don't 
care (anything under $100,000 I think). And it was you (MS) that I was 
accusing. And I did not read anything on that page that said it was supplied 
with hardware. There was a disclaimer on it but no signs of hardware.
Does MS advise that all retail/upgrade consumers buy OEM and save money.
-- 
----------------------------------------------------------
http://www.uscricket.com
"Mike Brannigan [MSFT]" <mikebran@online.microsoft.com> wrote in message 
news:etCShURvEHA.2316@TK2MSFTNGP15.phx.gbl...
> David,
>
> I a well aware of the contents of the System Build er licensing,
>
> As I pointed out the link to the OEM edition on eBuyer clearly states that
> it will be only supplied with a non-peripheral piece of hardware and in so
> doing they are complying with the letter of the reseller agreement.
>
> The license you are quoting from is the system builder license - which may
> not necessarily the licensing terms eBuyer may be under.
>
> Even so if they are in breach of any of the terms of licensing for their
> sale of OEM software ,that is in no way defrauding the end user as your
> initial accusation stated or were you directing that accusation at us
> (Microsoft) - if so again there is no fraudulent activity taking place and
> you should be more careful prior to making such accusations.
>
> If you still feel eBuyer are in violation of their contracts and licensing
> agreements with Microsoft feel free to report them to the
> piracy@microsoft.com e-mail alias with details of your complaint and
> supporting evidence.
> -- 
>
> Regards,
>
> Mike
> --
> Mike Brannigan [Microsoft]
>
> This posting is provided "AS IS" with no warranties, and confers no
> rights
>
> Please note I cannot respond to e-mailed questions, please use these
> newsgroups
>
> "David Candy" <david@mvps.org> wrote in message
> news:eaFwrkQvEHA.2316@TK2MSFTNGP15.phx.gbl...
> As the supplier is not complying with the OEM EULA (the MS to OEM 
> agreement)
> then the supplier cannot license the OS to the user as the supplier is the
> licensor but has nothing to license.
>
> 4.3 Each Software Unit must be distributed pursuant to the End-User 
> License
> Agreement that accompanies
>
> the Software Unit. Under the terms of the EULA you are the licensor.
>
>
>
> 9. END-USER SUPPORT
>
> The System Builder who installs the software must provide end-user support
> on terms at least as favorable as
>
> the terms under which the System Builder provides end-user support for any
> fully assembled computer
>
> system. The System Builder providing the support must place its support
> phone number conspicuously in the
>
> fully assembled computer system help files or end-user documentation
> materials.
>
>
> 15.1 You may not advertise or price any Software Unit separately from its
> accompanying fully assembled
> computer system or computer hardware. Except as granted in this license, 
> you
> may not use, run, distribute,
>
> copy, modify, display, repackage, or reassemble any Software Units or
> hardware, or any part of them.
>
>
> I was hoping for a more official response rather than seeking to score
> points from you as this is discussed here a bit. If the supplier doesn't
> have to follow their license why should retail/upgrade customers (who 
> unlike
> OEM users are YOUR customers).
> -- 
> ----------------------------------------------------------
> http://www.uscricket.com
> "Mike Brannigan [MSFT]" <mikebran@online.microsoft.com> wrote in message
> news:ObaHtfOvEHA.4028@TK2MSFTNGP15.phx.gbl...
>> Where do you see "fraud" of the end user?
>>
>> -- 
>>
>> Regards,
>>
>> Mike
>> --
>> Mike Brannigan [Microsoft]
>>
>> This posting is provided "AS IS" with no warranties, and confers no
>> rights
>>
>> Please note I cannot respond to e-mailed questions, please use these
>> newsgroups
>>
>> "David Candy" <david@mvps.org> wrote in message
>> news:ekzpNVNvEHA.1616@TK2MSFTNGP10.phx.gbl...
>> So why does MS permit such blatent fraud of it's end users?
>>
>> -- 
>> ----------------------------------------------------------
>> http://www.uscricket.com
>> "Mike Brannigan [MSFT]" <mikebran@online.microsoft.com> wrote in message
>> news:%23vlsoCNvEHA.3200@TK2MSFTNGP14.phx.gbl...
>>> "jeffrey" <jeffrey@nospam.com> wrote in message
>>> news:OgIDMWMvEHA.1988@TK2MSFTNGP12.phx.gbl...
>>>> Hi Will,
>>>>
>>>> When did that happen?  I always heard Media Edition was only to be sold
>>>> with
>>>> prebuilt systems.
>>>>
>>>> Jeff
>>>
>>> Windows XP Media Center Edition is an OEM only product and may be only
>>> sold
>>> like other Microsoft OEM operating systems either with a new PC or with 
>>> a
>>> non peripheral hardware component.
>>> So on the site that Will pointed out - read the small print near the
>>> bottom
>>> of the page
>>> "...
>>> OEM Information: You receive a Certificate of Authenticity (COA) and a 
>>> CD
>>> containing the program on it. This is a legal OEM version of the product
>>> licensed by Microsoft to be sold with any "non-peripheral hardware
>>> component" and is bundled as such. OEM products are not retail packaged
>>> and
>>> will not contain a manual. OEM versions cannot be returned under any
>>> reasons
>>> ..."
>>>
>>> -- 
>>>
>>> Regards,
>>>
>>> Mike
>>> --
>>> Mike Brannigan [Microsoft]
>>>
>>> This posting is provided "AS IS" with no warranties, and confers no
>>> rights
>>>
>>> Please note I cannot respond to e-mailed questions, please use these
>>> newsgroups
>>>
>>> "jeffrey" <jeffrey@nospam.com> wrote in message
>>> news:OgIDMWMvEHA.1988@TK2MSFTNGP12.phx.gbl...
>>>> Hi Will,
>>>>
>>>> When did that happen?  I always heard Media Edition was only to be sold
>>>> with
>>>> prebuilt systems.
>>>>
>>>> Jeff
>>>>
>>>> "Will Denny" <willdenny@mvps.org> wrote in message
>>>> news:utLtETMvEHA.3376@TK2MSFTNGP12.phx.gbl...
>>>>> Hi
>>>>>
>>>>> Depends where you live:
>>>>>
>>>>>
>>>> http://www.ebuyer.com/customer/products/index.html?rb=2653896006&action=c2hvd19wcm9kdWN0X292ZXJ2aWV3&product_uid=74686
>>>>>
>>>>> -- 
>>>>>
>>>>> Will Denny
>>>>> MS-MVP - Windows Shell/User
>>>>> Please reply to the News Groups
>>>>>
>>>>>
>>>>> "jeffrey" <jeffrey@nospam.com> wrote in message
>>>>> news:%23QQVyOMvEHA.3656@TK2MSFTNGP10.phx.gbl...
>>>>> > Hi,
>>>>> >
>>>>> > From what I have heard, you can`t buy the Media Edition, it is only
>>>>> > provided
>>>>> > to computer system manufacture`s.  You can only buy the Home and Pro
>>>>> > editions publicly.
>>>>> >
>>>>> > Jeff
>>>>> >
>>>>> > "Andrea" <Andrea@discussions.microsoft.com> wrote in message
>>>>> > news:D5A7AEC9-FBB0-41A0-9DB1-698EEC472A07@microsoft.com...
>>>>> >> I 'm glad to know the differences between Windows Xp professional
>>>>> >> and
>>>>> > Windows
>>>>> >> Media Center 2005. I'm planning to buy a tv tunner fo my computer 
>>>>> >> so
>>>>> >> I
>>>>> > want
>>>>> >> to know if it's better to use Xp Professional or media Center. I 
>>>>> >> red
>>>> that
>>>>> >> Media center is based on windows Xp Home edition, but I tried that
>>>>> >> version
>>>>> >> last year then I decided to buy the professional Edition, becouse 
>>>>> >> is
>>>> more
>>>>> >> stable. So before buying the Media center Edition I need some
>>>>> >> information!
>>>>> >> Thanks to all for yours answers
>>>>> >
>>>>>
>>>>>
>>>>
>>>
>>>
>>
>>
>
> 

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