Re: OEM license

Donald McDaniel wrote:
On Fri, 11 Aug 2006 04:14:06 -0400, "kurttrail"
<dontemailme@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx> wrote:

Michael Stevens wrote:

--Alias-- wrote:
Marian Gutu wrote:
"--Alias--" <not@xxxxxxxxxxx> wrote in message
news:ebwIfF0uGHA.4880@xxxxxxxxxxxxxxxxxxxxxxx
Marian Gutu wrote:
You cannot sell OEM Software.Period.

Not true. The OEM EULA states plainly that it may be transferred to
another user, as long as the computer it was originally installed on
is transferred with it, and no copies of the installation or
installation files are retained by the original owner.

False.

The original Microsoft OEM operating system software cannot be
transferred to another computer.

This is certainly true. To transfer it, it must be accompanied by the
original computer it was installed upon, as well as all copies of the
Installation files. In addition, it may be reinstalled only on the
original computer it was installed on.



Who said anything about transferring?

Well, it's obvious to me that if an OEM license is sold without the
original hardware accompanying it, then installed on another computer,
it is an attempt to "transfer the license", and is contrary to the
Microsoft License, which states explicitly that the license cannot be
transferred to another person without the original hardware
accompanying it.

If it's obvious to me, it would definitely be obvious to Microsoft's
Legal Department, as well as any jurisdiction of Law anywhere on the
Planet. Of course it might not be obvious to a Martian or Venerian
lawyer, or one from Alpha Centuri-B. But it should be obvious to
almost anyone who can read at an 8th grade level here on the Earth.

It would install on another computer, of course (IF the disk were not
bios-locked), but it would not be licensed by Microsoft, obviously.
Nor would they be required to activate it. So such a transfer would
only be useful for the 30 day trial period.

If one wants to speak in absolute, non-legal terms, then yes, it can
be installed on another computer. But this would be kind of stupid,
since once the owner attempted to activate it, it would not activate,
unless one attempted a phone activation, in which case he would have
to lie to the Activation technician, making him guilty of trying to
defraud Microsoft. But as a practical matter, he would probably just
be denied an activation, and would only be able boot in Safe-mode
after the initial 30 day trial period. Not a very pleasant thing to
do, I assure you.




The OEM Licence is for sale only to System Builders, Resellers,
and Hardware Purchasers.

Of course, even an end-user is usually a "hardware purchaser", even if
its only a cheap mouse or power cord.

False.

All OEM software must be bundled with hardware

This IS true anywhere in the United States.
However, the hardware can be ANY "necessary piece of hardware", even a
$1.00 power cord. Microsoft has been rather generous with the XP OEM
license, it seems.


False.

The End User License Agreement (EULA) for OEM software, including
Windows XP, states that the software is licensed as a single
integrated product in connection with the hardware

Where I live, the only XPs available at retails chains are generic
OEMs and can be purchased with no hardware. I have bought three.
All three have passed WPA and WGA/N with flying colors.

And they will, since they are obviously genuine Microsoft-manufactured
OEM disks, with genuine Microsoft-provided COAs.

If where you live is ANYWHERE within the boundaries of the United
States or any US Trust Territory, the OEM EULA is supposed to be
enforced. And IT states that it MUST be sold with a "necessary piece
of hardware". Of course, this "necessary piece of hardware" could
include a power cord or cheap mouse, since both are "necessary" to use
the computer and OS.

Many legit distributors of OEM software often supply one or the other
in the purchase price, or for a dollar, in order to expedite the
purchase.



when distributed to end users and distribution of OEM software
to other end users is a violation of the license agreement
issued by the manufacturer.
False.

Purchasers of these versions must agree not to violate the terms
of such distribution policies and to accept all liability for
compliance with end-user restrictions.
--
Marian Gutu
False.

MCP, MCSAs, MCSEs
Be nice, society already sucks!
YOU be nice. Your erroneous advice already sucks! I can buy as
many legit generic OEMs without hardware that I want and if I so
choose to sell what I buy, that is nobody's business but mine
and the purchaser. Alias

I guess you didn't read the EULA. I found it for you in plain
english [sic]: http://linuxadvocate.org/articles.php?p=1

Nice dodge. My EULA says nothing about XP needing to be bought with
hardware. Once installed, yes, legally, it cannot be transferred
but that's not the subject at hand. The subject is if I buy a
generic OEM XP without hardware, am I free to see that CD or not.
I say, yes, I am and it will not breach the EULA, especially being
as the EULA hasn't been agreed to before the sale.

Sorry, but if you buy a legit OEM generic CD, and break the
shrinkwrap, you implicitly agree to the EULA (in toto) contained
within. Shrink-wrap licenses have been pretty much validated by all
jurisdictions in the First World.


Alias


May the Force be with you!
http://www.google.com
"qwerty" <torridtear@xxxxxxxxx <mailto:torridtear@xxxxxxxxx>>
wrote in message
news:1155075539.203097.291050@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx >
Well, if I were to use it myself, I may not have cared so
deeply, but > since I prefer a different OS, this one would
only be sold (since I've > got no friends that use it either,
so only strangers would be > considered for transfer). >

Doesn't matter if you transfer to a friend or foe. If you transfer
the license, you MUST also transfer the hardware it was originally
installed on.

> P.S. Friends don't let friends use Windows.
>
> P.P.S. No offence.

Whether you attempted to offend or not, it is still offensive.
By the way, the proper way to use that is "No offense intended".

>
> Irma Troll wrote:
>> qwerty wrote:
>> > Situation:
>> >
>> > A laptop was bought with XP preinstalled but not
activated, the EULA
>> > was not accepted, the hard drive was erased, a different
(superior) >> > operating system was installed, XP stickers
were removed from the case.
>> >
>> >
>> > Question:
>> >
>> > Is it legal to use this license key on a different
computer, if a >> > legally obtained install CD is present,
but it was already installed
>> > and the key it came with cannot be used to activate
another computer?
>> > Will it work with Pro edition, if original install was
Home?

XP Home keys (no matter WHAT License agreement one has, Retail OR OEM)
will NOT work to finish an installation of XP Pro, under any
circumstance. It will simply give you an "invalid key" error over and
over, and you will be unable to continue the installation.


>> >
>> > Thanks.
>>
>> Legal? WGaF - Microsoft deserve to be shafted for their
distribution >> policy. Just go ahead and use it.

Stupidity in action. Try it, Irma. You will be sadly mistaken. But
I guess YOU "deserve to be shafted for giving bad advice".

>> Irma
>

The OP is not the system builder, he is the end user of the
pre-activated OEM XP. It cannot be resold.

Actually, it CAN be resold, IF he also sells the original hardware
with it, and retains no copies ANYWHERE.

The OEM EULA states this quite explicitly, if you will only READ it.


I should have qualified my statement better. The OP can indeed sell the OEM
XP that came pre-activated on the laptop by following the requirements you
stated. I was commenting on how he was trying to sell it as if it was a
pristine never been activated OEM XP. Whether or not the OP agreed to the
terms, the OEM XP if it was pre-activated by the vendor; will have a
history that will require phone in activation on different hardware. The
person that purchased the OEM XP would more than likely have to jump through
hoops and maybe even be denied activation. The OP would need to give
specific instructions on how to deceive the activation process ( kind of
like giving them a crack) and this would be admitting that the copy of XP
was not completely kosher. Without bringing any claims of illegality,
contract compliance, etc., the ethics of selling a questionable
pre-activated OEM XP copy could be compared to; ( I know, sigh!) selling a
low/no mileage 2005 car from New Orleans. It could work, but I doubt it
would be without problems.

http://www.michaelstevenstech.com/oemeula.htm
--
Michael Stevens MS-MVP XP
xpnews@xxxxxxxxxxxxxxxxxxxxxxxxxxx
http://www.michaelstevenstech.com
For a better newsgroup experience. Setup a newsreader.
http://www.michaelstevenstech.com/outlookexpressnewreader.htm


That might have been a EULA term that the OP didn't accept. Since
the OP rejected the EULA, I don't think the EULA's terms are
applicable.

This is correct. if the OP rejects the EULA, they do not apply to him.

BUT if one doesn't agree with the terms of the EULA, he is required to
END the installation immediately, which clause is perfectly legal, and
will hold up in any court of law. If you don't like anything about
any product, DON'T USE IT. You will be able to get your money back if
you return it unused within 30 days. This is US Law. I don't know if
any other nation has the same sort of law. But probably, most First
World nations have similar laws.

==

Donald L McDaniel
Please Reply to the Original Thread.
========================================================



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Relevant Pages

  • Re: OEM license
    ... Who said anything about transferring? ... and Hardware Purchasers. ... The End User License Agreement for OEM software, ... I guess you didn't read the EULA. ...
    (microsoft.public.windowsxp.general)
  • Re: OEM license
    ... installation files are retained by the original owner. ... The original Microsoft OEM operating system software cannot be ... original hardware accompanying it, then installed on another computer, ... The End User License Agreement (EULA) for OEM software, ...
    (microsoft.public.windowsxp.general)
  • Re: OEM license
    ... Who said anything about transferring? ... Hardware Purchasers. ... The End User License Agreement for OEM software, ... I guess you didn't read the EULA. ...
    (microsoft.public.windowsxp.general)
  • Re: OEM license
    ... The original Microsoft OEM operating system software cannot be transferred to another computer. ... The End User License Agreement for OEM software, including Windows XP, states that the software is licensed as a single integrated product in connection with the hardware ... My EULA says nothing about XP needing to be bought with hardware. ...
    (microsoft.public.windowsxp.general)
  • Re: Windows Activation
    ... >> hardware that still exists on that PC. ... Some year ago I bought parts to build a computer, with this winxp pro OEM. ... Well, Im not a native English speaking person, but I think the EULA is quite ... The license rights granted under this EULA ...
    (microsoft.public.windowsxp.help_and_support)
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