IMPORTANT: Huge OEM Windows Licence issue for consumers!

[str]

I don't want to start a big debate about this or anything like that but still I figured it was very important to explain especially to those who followed the old thread an issue regarding Windows OEM licensing with regards to the installation and use of their copy of OEM Windows.

The licensing issue is that Microsoft stipulate we MUST preinstall our purchased copies of the OEM version of Windows using the OEM Preinstallation Kit (known as the OPK).

Here is the exact words from the System Builder License:

6. PREINSTALLATION REQUIREMENT. When you distribute an individual software license for a desktop operating system or application software, you must preinstall it on the fully assembled computer system’s hard drive using the OEM Preinstallation Kit (“OPK”) provided in this package or otherwise made available by us.

It should also be noted that the OPK is available from Microsoft for free.

I know it sounds crazy but unless you did actually preinstall your copy of the OEM version of Windows using the OPK you have broken the System Builder License Terms and in fact until you do preinstall using the OPK it is actually illegal to install and use your copy of the OEM version of Windows!

I didn't even know about the OEM Preinstallation Kit until I came across it in the System Builder License a couple of days ago and even then it hadn't occured to me about my lack of use of it that is until earlier this evening.

What should we do about not having properly licensed copies of OEM Windows?

I really don't want to use the OEM Preinstallation Kit although it does intrigue me as to how it works and the level of customisation available. It's more the time I would need to spend learning how to use it etc that puts me off giving it a go.

 

[Dinkas]

The important term there is "Pre-install". OEM's who sell computers pre-installed with Windows maybe do have to use the OPK. Who cares?

How can I build a PC for MY OWN USE and pre-install it? That doesn't make any sense

Anyway, go have fun with the OPK

 

[str]

I tried to argue it was unreasonable or even unfair of Microsoft too but I eventually came to the conclusion that I was wrong to think the way I did, and until Microsoft make changes to their Terms, legally I have to go with what they say if I want to use my purchased copy of OEM Windows.

So, by opening your purchased copy of the OEM version of Windows you are agreeing with Microsoft that you are a System Builder and you are legally obliged to abide by Microsoft's System Builder License Terms.

 

[Slam62]

yes I agree completely

 

[str]

Thanks Slam! I hope you will like me try to get the word out about this because I believe illegal use of a copyrighted work of this magnitude needs to be known about.

It's highly likely that 99.99% of consumers (an educated guess) who have purchased, installed and subsequently activated their OEM copy of Windows without preinstalling first with the OPK, do not have a properly licensed copy of OEM Windows.

It's now blatently obvious to me particularly because of what I learned during the discussion in the old thread that we actually have no rights to install and use our copy of OEM Windows when it is not properly licensed therefore the likely 99.99% of consumers who are doing so are in fact doing so illegally and they should either seek lawful clarification or stop using it.

 

[Bomag]

STR

Firstly please read up on the difference between unlawful and illegal.

Unless you are distributing a licence, clause 6 does not apply (and building a PC for yourself does not count as distributing)

 

[gareth170]

ohhhhh not another thread another oem licensing.. the old thread got closed because it was getting silly... this thread should be closed too...

str the preinstallation kit is only for if your distributing the oem license...

if you've built a system for yourself u don't need a preinstallation kit....

 

[str]

I cannot believe anyone would think it's a consideration that you are NOT distributing a license. If you are the System Builder and the End User then you are effectively distributing it from you as the System Builder to you as the End User.

Now if it really is the case that you are not the System Builder AND the End User then how can you agree to a contract between you as the System Builder and you as the End User?

If you cannot then you are STILL not entitled to use your OEM copy of Windows because you MUST agree to a contract between you (the End User) and you the System Builder.

We can think about it both ways but it's the same regardless so there is absolutely no possibility of legally using a licensed copy of the OEM version of Windows unless the OPK is used!?

 

[str]

STR

Firstly please read up on the difference between unlawful and illegal.

Unless you are distributing a licence, clause 6 does not apply (and building a PC for yourself does not count as distributing)

Good point, I was using the term bandied about in the previous thread on licensing but you are correct it is unlawful and NOT illegal.

But as I said above you cannot form a contract of use unless you are the System Builder AND the End User in otherwords you need to be both to be licensed to use a copy of the OEM version of Windows (and you must have course adhere to the License Terms).

 

[gareth170]

distributing means selling it on

 

[str]

ohhhhh not another thread another oem licensing.. the old thread got closed because it was getting silly... this thread should be closed too...

str the preinstallation kit is only for if your distributing the oem license...

if you've built a system for yourself u don't need a preinstallation kit....

No way! Where is your evidence?

Remember I have fully read and understood both license agreements so I know the score.

If you have a purchased OEM copy of Windows installed without first preinstalling it using the OPK then you DO NOT have a properly licensed copy of OEM Windows on your system.

 

[str]

distributing means selling it on

Read the part about forming a contract and you will see there MUST be two parties involved. So no matter how you or I want to think about it, the result is the same.

 

[RJC]

Edit: Ignor just re-read your post.

 

[str]

Yeah, the OPK can be downloaded from Microsoft's website for free.

 

[str]

Also to be clear about the OEM Windows License. Here is the part about forming an agreement between the System Builder and the End User:

These license terms are an agreement between you and
• the device manufacturer that distributes the software with the device, or
• the software installer that distributes the software with the device.

You are firstly the System Builder because Microsoft stipulate that you must agree to the System Builder License and you agree to it by simply opening the OEM Windows packaging.

But to have a properly licensed copy of OEM Windows you MUST also be the End User. The System Builder is the licensor and the End User is the licensee and you cannot agree to the OEM Windows License unless you are the End User.

If you cannot be both the System Builder and the End User then you most certainly cannot be the End User because you are already legally bound to be the System Builder in accordance with the terms of the System Builder License.

 

[fatherdougal]

Remember I have fully read and understood both license agreements so I know the score.

Well bully for you. Is there no area for 'interpretation', as there normally is with such things. You have read it, 'understood' it and now you have decided how it will be implemented.

Pompous twoddle.

You may well have fully read read it but unless you are a copyright lawyer then I probably won't be taking any legal advice from you.

 

[str]

But the license terms are crystal clear?

 

[fatherdougal]

There is a world of difference between building a system and being a 'system builder'. Perhaps I will think differently if you can point me towards an instance of prosecution, or even the threat of it, for a home-user, who is not selling the system on.

 

[Butters]

Oh dear. Not again!

I can buy all the bits I like and an OEM disc and build my machine quite happily without breaking any laws.

If I buy lots of parts to build lots of machines to sell on, they yes, maybe I'd look at OPK.

Other than that, there is no issue here.

 

[str]

Seriously guys, I was shot down about my opinions on license terms and it was always thrown back by many on here that to be able to use windows you had to be licensed and the only way to remain licensed is to abide by the license terms.

Eventually I admitted that legally I was bound by the license terms and there is nothing I can do except of course to not agree and not use the software.

It's why I actually took the time to read the license terms and now I find that I cannot ever be licensed if I cannot be the System Builder AND the End User or if I can be both the System Builder and the End User I must preinstall using the OPK.

The original thread is here:

new vista oem licence required after motherboard swap