MS - "OEM Vista on home built PCs is UNLICENSED"

Rainmaker

Rainmaker

Rainmaker

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Hi guys,

I just called MS to ask about paying to upgrade Vista. I paid for OEM Vista Home Premium 32 bit, but wanted to upgrade to 64 bit (hopefully Ultimate). Having read some threads on here, I rang MS with my credit card in hand.

I was asked whether I was a licenced/registered Microsoft System Builder. I said no, I was a home enthusiast who had built a PC and purchased OEM/systembuilder Vista.

The immediate response was that one is NOT ALLOWED to purchase or install OEM software unless one is already registered with MS as a system builder or OEM. The guy then stated that my copy of Vista was unlicensed and that I should uninstall it immediately.

I got a little irritated and asked why, having not been informed of this at the point of sale, and having PAID MS for the licence, I was now being told I had to pay out for a retail version instead. The guy just said again that my copy of Vista is unlicensed and that I needed to buy a retail copy and bin my OEM version as I was breaking the EULA and the law.

He then asked for my home phone number and email address and said I should speak to the supplier who sold me Vista. I stated my incredulity and disdain (politely I add) and told him not to bother as I would shred Vista's install DVD and return to Fedora Linux permanently if that's how MS treat customers. He said that was fine(!).

So there you go. I take a gamble on Vista, actually like it, then MS bend me over and tell me to stick to Linux. Bravo MS. Maybe I should have stuck to pirating operating systems like what seems to be 90% of the world and not paid MS a penny. You try to do it right, you pay out and still get shafted. No refund. Thanks a bunch hey.
 
So presumably that means Overclockers shouldnt be selling OEM versions of Vista to people who buy all the compenents to build their own Pc?.
 
Yep, unless you're already registered as a "Microsoft Partner" and system builder, it seems you're not allowed to install OEM versions whatsoever. Anyone who has been sold OEM software and who is not also a registered system builder is running, effectively, a pirate OS (except it's a paid-for pirate OS).

I'm so peed off right now. Full format and Fedora 8 here I come.
 
Rainmaker said:
Hi guys,

I just called MS to ask about paying to upgrade Vista. I paid for OEM Vista Home Premium 32 bit, but wanted to upgrade to 64 bit (hopefully Ultimate). Having read some threads on here, I rang MS with my credit card in hand.

I was asked whether I was a licenced/registered Microsoft System Builder. I said no, I was a home enthusiast who had built a PC and purchased OEM/systembuilder Vista.

The immediate response was that one is NOT ALLOWED to purchase or install OEM software unless one is already registered with MS as a system builder or OEM. The guy then stated that my copy of Vista was unlicensed and that I should uninstall it immediately.

I got a little irritated and asked why, having not been informed of this at the point of sale, and having PAID MS for the licence, I was now being told I had to pay out for a retail version instead. The guy just said again that my copy of Vista is unlicensed and that I needed to buy a retail copy and bin my OEM version as I was breaking the EULA and the law.

He then asked for my home phone number and email address and said I should speak to the supplier who sold me Vista. I stated my incredulity and disdain (politely I add) and told him not to bother as I would shred Vista's install DVD and return to Fedora Linux permanently if that's how MS treat customers. He said that was fine(!).

So there you go. I take a gamble on Vista, actually like it, then MS bend me over and tell me to stick to Linux. Bravo MS. Maybe I should have stuck to pirating operating systems like what seems to be 90% of the world and not paid MS a penny. You try to do it right, you pay out and still get shafted. No refund. Thanks a bunch hey.
Click to expand...

And you are blaming Microsoft for this why?
It is the responsability of the retailer to make sure what they sell you is legitimate, not Microsoft.
If a retailer had sold somebody a "Students Only" copy of Office to a non-student why is this Microsofts fault?

The OEM license does indeed mention the need to be a registered Systems Builder - however most people have been ignoring this.
It would appear that now Microsoft have decided to actually use this part of the EULA.
When you installed your OEM copy of the OS you did agree to the license, which you did read didn't you?

You're figures on 90% of people pirating Microsoft OS's is of course extremely wrong - however I think you can be forgiven, you are of course upset about how the phone call went.

You have two choices with Microsoft licenses.
1. You stick to them, you are license legal, you pay for what you use by purchasing the correct license for the use.
2. You are license illegal

There really is no grey area with MS licenses - you're either licensed or your not.
You should have done your research before making your purchase.
You also had every oportunity to read the license agreement before agreeing to it.
If you couldn't agree with it then you should have checked "I accept".
 
Indeed, stoofa, I see your point. I'm certainly not going to start a flame war and stick to a (blind) single point of view. MY only point is that, having being a Linux only user for some years, I read a great many people (including on OCUK) discussing building systems then purchasing OEM licences. I went to a retailer, told them I was building a PC and they sold me OEM Vista Home Premium.

The box it comes in simply says "For System Builders Only". I was building a system. I just didn't realise that MS applied special meaning to the term "system builder" rather than it referring to one who is building a system, which I think is fair enough really.

I was more than willing to pay for my licence (which I thought I had done) and was only ringing to offer to pay MORE to upgrade to Ultimate/64 bit. It was the tone of MS's response and their suggestion to wipe Vista, go away, and use Linux instead that wound me up, which I hope is understandable.

Had they explained what a system builder is, offered to retrospectively register me etc, I'd have held my hands up and had NO issue with that. To be rude and tell me to go away and forget my money is simply not on. THAT, quite frankly, I DO blame MS for.
 
UPDATE:

I found a different phone number for MS, which was UK based not an Asian call centre like the first attempt. I calmly explained the situation and the series of events. The guy (Andrew) was quick to "apologise unreservedly" for his colleague's "misinformation".

According to Andrew at MS UK, my OP was CORRECT. System Builder is simply a channel for people to install software and provide their own support. The only difference (according to Andrew) between OEM/system builder and Retail software is the number of times you can install the software on different PCs (once for OEM, virtually unlimited but one at a time for Retail), and the support channels thereafter.

He said I DO NOT need to register as a system builder, and I AM NOT breaching the EULA. He said my original interpretation was correct, and that it simply is for people building their own systems who are willing to provide their own tech support so to speak. He said to NOT uninstall Vista, and he was again sorry for the other guy's attitude.

I've given MS my details simply because he said as a system builder (no need to register) the protocol for upgrading 32 to 64 bit is slightly different. They can't take upgrade orders from system builders on the phone (unlike retail customers) and I have to fill in a form I'll receive over email and send it back to them with my COA number from the Vista sticker, and my card details.

£7.88 later I'll be posted a shiny 64 bit DVD with no restrictions on installing it on my machine, no need to regsiter. He said paying the OEM software fee on purchase WAS my licence/registration and that's it. Nothing to worry about.

The only thing he DID tell me different to some other posts on OCUK was that he said it was NOT possible to upgrade OEM versions (eg Home Premium to Ultimate). Fair dos, I'm past caring to be honest lol What a farce. Just thought I should post this up to reassure others with OEM software installed :)
 
Yeah fingers crossed. The order form does state that replacement media will be identical to the version purchased with exception of subsequently released service packs etc (to paraphrase) :) The only tiny "problem" is that the tick boxes on the form aren't actually "tick-able" in Word 2007 for some reason LOL
 
Rainmaker said:
UPDATE:

I found a different phone number for MS, which was UK based not an Asian call centre like the first attempt. I calmly explained the situation and the series of events. The guy (Andrew) was quick to "apologise unreservedly" for his colleague's "misinformation".

According to Andrew at MS UK, my OP was CORRECT. System Builder is simply a channel for people to install software and provide their own support. The only difference (according to Andrew) between OEM/system builder and Retail software is the number of times you can install the software on different PCs (once for OEM, virtually unlimited but one at a time for Retail), and the support channels thereafter.

He said I DO NOT need to register as a system builder, and I AM NOT breaching the EULA. He said my original interpretation was correct, and that it simply is for people building their own systems who are willing to provide their own tech support so to speak. He said to NOT uninstall Vista, and he was again sorry for the other guy's attitude.

I've given MS my details simply because he said as a system builder (no need to register) the protocol for upgrading 32 to 64 bit is slightly different. They can't take upgrade orders from system builders on the phone (unlike retail customers) and I have to fill in a form I'll receive over email and send it back to them with my COA number from the Vista sticker, and my card details.

£7.88 later I'll be posted a shiny 64 bit DVD with no restrictions on installing it on my machine, no need to regsiter. He said paying the OEM software fee on purchase WAS my licence/registration and that's it. Nothing to worry about.

The only thing he DID tell me different to some other posts on OCUK was that he said it was NOT possible to upgrade OEM versions (eg Home Premium to Ultimate). Fair dos, I'm past caring to be honest lol What a farce. Just thought I should post this up to reassure others with OEM software installed :)
Click to expand...

I'm getting very annoyed at MS giving out false information. I'm in regular contact with various people in the MS OEM partner support team and the licensing team and it seems as though the training in india isn't as good as it should be.

I will clarify a few things in the sticky when I have time due to the amount of times I have to correct people.

The last bit is a bit ambiguous though. You can upgrade OEM versions with an upgrade licence though.

Burnsy
 
Or legally download Vista 64-bit like i have like i have mentioned in a few threads.

And yes, Some Microsoft CSR's get confused. Microsoft sya the purchase of the OEM verison must be with a core component to qualify as a system builder. I will be buying another version for my Dad with some RAM.

And what the CSR is correct, only difference is the system builder is responsible for support, Microsft don't with OEM. And yes it's tied to the motherboard of installation once it has been activated, but again, read a few more threads, you don't need to activate for months, ...legally.

Ahh sod it, here:

In order to rearm Windows Vista, you simply have to enter slmgr.vbs -rearm in the command prompt window.
 
Hi V3g3tto,

Yeah I know about the rearming procedure :) I've just looked on Wikipedia (of all places) following Burnsy2023's post, and it seems once my Vista HP 64 bit DVD arrives I can simply click Anytime Upgrade in the Control Panel and upgrade to Ultimate 64 bit that way.

Around the houses and back again to be sure, but it should work nonetheless and I'll finally have Ultimate 64 all legit. I'll certainly know the system better for next time LOL Thanks to all respondents :)
 
Yeh, you do have that option in control panel. However, i heard stories they have pulled support for it, though that may be confused with the downloadable clients microsoft used to have on their site.

Still, Ultimate i don't see what it offers that's essential, remote desktop and the interactive wallpaper is only thing i see.

All in all more reassurance that you can use a retail upgrade version with OEM key :)
 
V3g3tto said:
Yeh, you do have that option in control panel. However, i heard stories they have pulled support for it, though that may be confused with the downloadable clients microsoft used to have on their site.

Still, Ultimate i don't see what it offers that's essential, remote desktop and the interactive wallpaper is only thing i see.

All in all more reassurance that you can use a retail upgrade version with OEM key :)
Click to expand...

complete pc backup. thats all i use thats not on HP. Should have saved my pennies :)
 
V3g3tto said:
And yes, Some Microsoft CSR's get confused. Microsoft sya the purchase of the OEM verison must be with a core component to qualify as a system builder. I will be buying another version for my Dad with some RAM.
Click to expand...

Dude, get up with the times, you've not needed to buy WIndows with a 'non-peripheral' component for years ;)

Burnsy
 
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