This talk over OEM restrictions has me wondering what restrictions I might have with the copy of Vista Ultimate with a student discount (comes out to about $35!) I'm thinking of getting at my University bookstore. Does it have the same restrictions as the OEM versions?
But the licence grants no usage rights! None at all!Originally Posted by nichomach
If you sell a product to an end-user, you're selling a retail product. It doesn't matter what sort of verbal trickery you try to engage, it doesn't change the statutory obligation to provide support for retail customers.They're not selling this as retail product
Yeah, that's the only point where the MS support guy was wrong. There's no requirement as of yet to be registered with MS in order to take advantage of the OEM System Builder Licence. If systems builders put enough pressure on MS this may change, though I doubt it. MS may attempt to tighten up distribution again, but they've tried that before and it failed.Because there isn't a requirement for one to comply with the system builder license.
It's not an interpretation, it's as plain as the nose on my face. You just don't want to accept that. When the licence says, "You may not use ... any individual software licences." it's being particularly clear. Despite what you may think, nowhere in the OEM licence is there any mention of using the software except at the end, where it says you can't use it.Look, you're applying an interpretation to what the license says that is in line with what Microsoft would like. Fine, no problem, that's your interpretation and your opinion. The text that's there is capable of supporting other interpretations, however.
There's no point getting indignant about MS's official policy. It is what it is. Be thankful that there's still a loophole where we can avoid paying for support that we don't want.
Taz, I have had an OEM copy of xp home that i have used on three different machines as i have built them, not at the same time.
I have never had a problem installing it on a completely new build each time, it's activated everytime with no problems.
I wouldn't worry about microsoft, just reinstall.
Last edited by spiral out; 07-11-2007 at 03:55 PM.
And it doesn't need to, since I am installing the software, as a system builder governed by the system builder license, to be distributed to, and used by me as an end user of the completed assembled system subject to the end user license agreement. There's two distinct agreements in effect, charleski. As a system builder I am licensed to install the software on a new computer system, and to provide an end user license. I'm just providing the end user license to myself. My USAGE of the final product is not governed by the System Builder license under which I install the system, but by the EULA.
Last edited by nichomach; 07-11-2007 at 03:48 PM.
MS will just argue that you are violating the System Builder licence by using the software, which is specifically forbidden. The End-User licence therefore becomes void as it was not obtained properly.
Thanks for all the replies. I was a bit disappointed with the MS support person as he was desperately trying to get me to buy a full retail copy of XP Pro. If the particulars about the EULA have changed then I don't understand why my OEM copy of XP was activated by Microsoft themselves!
The irony is that I was trying to do the right thing so as not to end up in hot water with regards to licensing of the product. I work for a software house so am very anti-piracy but to ask me to buy another copy of windows just because my motherboard has failed is a bit much. I can't even buy an 'equivalent' of the motherboard as it's three years old now!
But there's NOTHING in either text that states that what I am doing is wrong; the section on which you rely merely requires that the previous sections in the license be followed ("Except as granted in this license", remember?); were that not the case it would render unlawful any use or distribution etc. of any Microsoft hardware or software by a system builder ("you may not use, run, distribute, copy, modify,
display, repackage, or reassemble any individual software licenses or hardware units, or any part of them."), which would be patently insane. In fact, all that is happening is that I am acquiring the right to be a licensor for a license which I am transferring myself as licensee along with a fully assembled computer system.
Then buy one that's as near equivalent as possible; if the board was S939, say, buy an AM2, or if S478, buy S775 and processor to suit. The EULA certainly does allow that, and you should be able to reactivate by phone.
..but they do. End of story. The effect of doing nothing about a 'loophole' or whatever you wish to describe it as, is to validate it. As I went on to say, it's just not worth MS bothering - they're far more worried about people reselling or mass piracy in emerging markets. Or open source. Or whether they're running out of coffee.
I see similar situations here - customers get away with all sorts of free-upgradey naughtyness because the practicalities often outweight the legal concerns. Better to keep them happy, and get return custom (or some in the first place) than the alternative.
These EULA threads sure do ruffle feathers
Crosshair VIII Hero (WIFI), 3900x, 32GB DDR4, Many SSDs, EVGA FTW3 3090, Ethoo 719
So 'nichomach systems' builds a computer under the system builder license, pre-installs Windows, then sells it to Mr Nichomach, together with the OEM license. Mr Nichomach then registers and activates the system as the end user. Nichomach systems are then responsible for providing support to Mr Nichomach for the system they have sold. Seems an entirely reasonable financial arrangement.
However the slightly dubious bit is where Nichomach systems obtains their system builders and OEM licenses, which should be from (in the UK) one of MS's authorised distributors. Buying the OEM licence from a retailer would seem not to be within the terms of the OEM system builder's licence, even if bought with the major PC componenets, although retailers do sell OEM licences. Even it that retailer is also a system builder themselves, it would be iffy, although they might argue that they are selling the computer as a kit of parts together with the software license, although that would fall outside the definition of an assembler or re-assembler.
Last edited by peterb; 07-11-2007 at 04:33 PM.
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Phone activations generally don't cause any hassle for several reasons:
1) It's handled by the lowest level of support staff who just want to clear the call off their sheet as fast as possible.
2) MS has had enough bad press about the whole activation/WGA issue and doesn't want to trigger more of it.
3) There's no way of knowing that you didn't buy the system from a local computer shop who distributed the software to you entirely correctly. If you go and tell them that you're exploiting a loophole, then things are different.
Solution: don't say you built the machine yourself.
Nichomach, I've explained it all quite thoroughly, and I think the licence is quite clear, though MS's practices are not. MS can choose to activate your OEM-loophole licence, or they can choose not to. If they choose not, take them to court and let us know what the judge thinks.
Not from MS they don't.
I don't see why people get so up-in-arms about the fact that we're exploiting a loophole.These EULA threads sure do ruffle feathers
Does that mean he has to phone himself?
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charleski, your "explanation" isn't necessary, and still fails to take account of the fact that we're not discussing one license, but two. I assemble the system under the system builder license, and use it under the end user license. Simple, really. I support myself, and provide myself with the required media, etc.
No I have to fly to India, build a call centre, install a PBX, use a voice box to render myself incomprehensible, give myself a generic but vaguely English sounding name and THEN phone myself. DO try to keep up with the times...Does that mean he has to phone himself?
Such is the heat of this thread that more posts happened while I was editing - I did go on to point out the dubious aspect of Nacomach systems' policy of where they obtain there OEM licenses from...
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Sure, but say I purchase my OEM copy from Scan. Scan are system builders themselves, so they can legitimately sell the unopened OEM software to another system builder. It's just that the system builder is me.
I would just like to add that I have called up Microsoft many times about getting licences for a Business. I have asked them to explain how to qualify for a Corp Licence and each time I have either had a different answer or at times a "Don't know"
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