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