Is selling OEM software illegal??

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DrMekon

DrMekon

DrMekon

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Ive recently got into a debate elsewhere, after asking if it was ok to sell on my OEM version of Windows Home Server, as the self build pc I had it on died.. and I have bought an off the shlef home server with whs pre installed...

I was told no I cant, as OEM is supplied with the pc, or hardware, and I explained that you cant actually buy whs in the uk in a non oem, or retail format... and that no hardware purchase is necessary... OEM software is only licensed on the hardware it was installed/purchased on...

After researching, it seems that OEM software should not be sold without hardware... or should be sold as part of a prebuilt system...

It seems there is a big "grey" area where oem software is concerned!!!
 
As a system builder, you can buy a sealed OEM licence of WHS without hardware. As soon as it is installed onto a machine, it must then be sold with the hardware with which it was first installed.
 
And in the event of failure of the hardware on which it was installed??

I can sell the broken motherboard with the "free" disk!!.. or sell it with the hard drive it was installed on...
 
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if there is a hardware failure, you can replace the motherboard but it must be of the exact same model, or chipset. it cannot be transfered to another system legally, even if its using the same motherboard.
 
Really..?? and if that board is now obsolete...??

Ive read that it can be reactivated over the phone with MS in the event of hardware replacemnt, nothing was mentioned about it having to be the exact same hardware...
 
RaiderX said:
if there is a hardware failure, you can replace the motherboard but it must be of the exact same model, or chipset. it cannot be transfered to another system legally, even if its using the same motherboard.
Click to expand...

what if you do a BIOS update? I've known this to ask for re-activation before now...
 
bios update doesnt add/remove motherboard features or physical hardware, nor does it change what windows sees as the motherboard, if a bios update has caused the need for reactivation then the bios update must have activated something that was previously disabled. and yes it can be reactivated by phone, aslong as the OS is still installed on only 1 PC
 
Dano said:
Just because something is against the EULA does not make it illegal.
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Forgive me if i'm mistaken but does EULA not mean End-User Licence Agreement? i.e. a legally binding document detailing the contractual rights and obligations of the user?
 
Alex74 said:
Forgive me if i'm mistaken but does EULA not mean End-User Licence Agreement? i.e. a legally binding document detailing the contractual rights and obligations of the user?
Click to expand...

It's a can of worms to be honest, a big seething planet eating can.
 
Alex74 said:
Forgive me if i'm mistaken but does EULA not mean End-User Licence Agreement? i.e. a legally binding document detailing the contractual rights and obligations of the user?
Click to expand...
It's a civil contract - in the event of a dispute, it would be up to a court (and no-one else) to determine whether it was legally binding or not.

A big can of worms indeed... :)
 
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