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Thread: Windows OEM versions - what Microsoft told me

  1. #49
    Will work for beer... nichomach's Avatar
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    Re: Windows OEM versions - what Microsoft told me

    Quote Originally Posted by mycarsavw View Post
    I tried that once, I was engaged though, I had to leave myself a message
    Really? I get myself to queue for me...

  2. #50
    ɯʎɔɐɹsɐʌʍ mycarsavw's Avatar
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    Re: Windows OEM versions - what Microsoft told me

    Quote Originally Posted by nichomach View Post
    Really? I get myself to queue for me...
    haha, call waiting?

    I'm playing the scene out in my head and chuckling too much for someone "working"
    |Kata: "Read title as 'fisting'. Not sure why I clicked. Relieved, really."|
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  3. #51
    Senior Member charleski's Avatar
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    Re: Windows OEM versions - what Microsoft told me

    Quote Originally Posted by nichomach View Post
    Indeed 15.1 doesn't explicitly restrict itself to software contained in the package as noted above if read out of context.
    It doesn't need to, as the System Builder licence only has a scope that contains the licence included in the package. Your argument is founded on the idea that you can wriggle out of the agreement that you made by opening the package because there's another licence inside. That just doesn't work. The initial agreement remains in effect.

    But frankly, this is getting stupid. I have nothing against using OEM licences, they allow you to avoid paying for support that you won't use. It's a loophole that's beneficial, but it's just silly to pretend that it's something that would hold up in court, not that it would ever get there. There's really no point arguing further over it.

    Quote Originally Posted by directhex View Post
    license changes aren't retroactive. whilst i was unaware of MS changing their license to prevent OEM sales, for any windows license agreed to before late 2005, the old rules apply
    The 2005 change altered the distribution clauses ostensibly to prevent people buying an OEM copy with a cable. In effect, it's even easier to buy an OEM copy these days. The critical clause is 15.1 though. I don't have a copy of the old licence and don't know if that changed.

  4. #52
    Will work for beer... nichomach's Avatar
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    Re: Windows OEM versions - what Microsoft told me

    Look, we disagree, charleski; you're (as I said above) applying a particular interpretation; it's one with which I disagree, but I don't think either will convince the other.

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    Lovely chap dangel's Avatar
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    Re: Windows OEM versions - what Microsoft told me

    Group hug?
    Crosshair VIII Hero (WIFI), 3900x, 32GB DDR4, Many SSDs, EVGA FTW3 3090, Ethoo 719


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    Comfortably Numb directhex's Avatar
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    Re: Windows OEM versions - what Microsoft told me

    linky to oem.microsoft.com that requires no registration

    both nichomach and charleski are right - nichomach moreso though

    check the "scenarios" page, it makes things clear

  7. #55
    Senior Member charleski's Avatar
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    Re: Windows OEM versions - what Microsoft told me

    Woah! Ok, "Unless the end-user is assembling his/her own PC" is a MAJOR change from "We grant you a nonexclusive right to distribute an individual software license only with a fully assembled computer system." Looking at the rest of the site it seems that MS just manages to contradict themselves (as usual) - compare 'Changes to the license' with 'Scenarios'.

    I haven't seen this page before, and it's rather laughable that the blog entry I posted on the first page makes a lot of fuss about how the changes were supposed to prevent end-users using OEM licences: 'It is now very simple and straightforward: an OEM license must be sold "only with a fully assembled computer system." Loophole closed.' MS wouldn't recognise 'simple and straightforward' if you shoved it up their ***.

    Of course, if you don't open the pack, then NONE of the OEM licence terms apply anyway and you can sell it to whomever you choose, though they skip lightly over that fact.
    Last edited by charleski; 13-11-2007 at 04:22 PM.

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    Will work for beer... nichomach's Avatar
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    Re: Windows OEM versions - what Microsoft told me

    I think MS are just out to start arguments in pubs, myself...

  9. #57
    Senior Member GSte's Avatar
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    Re: Windows OEM versions - what Microsoft told me

    Quote Originally Posted by charleski View Post
    MS will just argue that you are violating the System Builder licence by using the software, which is specifically forbidden.
    Surely not, that just doesn't make sense..... I could buy an OEM copy, and install it on a system I was selling someone else, but coudn't 'sell it to myself'? That's just absurd

  10. #58
    Comfortably Numb directhex's Avatar
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    Re: Windows OEM versions - what Microsoft told me

    Quote Originally Posted by GSte View Post
    Surely not, that just doesn't make sense..... I could buy an OEM copy, and install it on a system I was selling someone else, but coudn't 'sell it to myself'? That's just absurd
    from MS:

    Quote Originally Posted by MS
    OEM system builder software packs are intended for PC and server manufacturers or assemblers ONLY. They are not intended for distribution to end users. Unless the end user is actually assembling their own PC, in which case, that end user is considered a system builder as well
    straight from the website's mouth.

  11. #59
    Taz
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    Re: Windows OEM versions - what Microsoft told me

    It's all clear as mud. I'll interpret the "They are not intended for distribution to end users. Unless the end user is actually assembling their own PC, in which case, that end user is considered a system builder as well" bit as meaning that I am considered a system builder.

  12. #60
    Senior Member charleski's Avatar
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    Re: Windows OEM versions - what Microsoft told me

    Quote Originally Posted by directhex View Post
    from MS:
    Quote:
    Originally Posted by MS
    OEM system builder software packs are intended for PC and server manufacturers or assemblers ONLY. They are not intended for distribution to end users. Unless the end user is actually assembling their own PC, in which case, that end user is considered a system builder as well
    straight from the website's mouth.
    Directhex, as a matter of interest, do you have a link for that? (Maybe it's buried inside MS's OEM website, if so, please say where and I might bother to try registering to get to it.)
    It's not that I don't believe you, far from it, it's because it looks like I've been talking a load of horse**** in this thread because I took MS at their word. It would be interesting to see if they contradict themselves beyond the example that you cited earlier.

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    Re: Windows OEM versions - what Microsoft told me

    Gee, all this fuss about EULA etc. I have in the past re-activated My XP OEM quite a few times by ringing up Microsoft after i had changed my mobo several times due to failures / upgrades and there was no problem at all! So, if Microsoft say you can only use the OEM copy once and then they actually re-activate it again and again who am i to argue? I am just Joe bloggs in the street who wants his PC up and running. Do i care about the EULA? No.

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    Comfortably Numb directhex's Avatar
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    Re: Windows OEM versions - what Microsoft told me

    Quote Originally Posted by charleski View Post
    Directhex, as a matter of interest, do you have a link for that? (Maybe it's buried inside MS's OEM website, if so, please say where and I might bother to try registering to get to it.)
    It's not that I don't believe you, far from it, it's because it looks like I've been talking a load of horse**** in this thread because I took MS at their word. It would be interesting to see if they contradict themselves beyond the example that you cited earlier.
    click the link to the flash site -> 2 -> scenarios -> click on scenario 3 (the one with the cross through it)

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    Re: Windows OEM versions - what Microsoft told me

    Microsoft certainly do seem confused about this sort of thing, but I think the important things to note are that OEM software is regularly sold to end users by major retails (both those aimed specifically at enthusiasts and general retailers as well), and Microsoft do in practice allow reactivation if you tell them you're reinstalling on the same computer.

    I imagine it's really not a big issue from Microsoft's point of view - the number of people buying OEM copies of Windows to install on newly built computers is small compared with the number of copies sold with new computers.

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