Not licensed to install OEM? Read on..

Admiral Huddy said:
I have just read an interesting and alarming article in PC Zone this month (April 2008, page 98) re OEM Windows Vista.

According to their investigation, OEM software is only allowed to be sold to individuals that are registered as system builders and are not meant to be sold separate from hardware. Microsoft will only allow activation to people that are licensed to install OEM.

http://oem.microsoft.com/public/seo/licensing.htm

In this particular case, the individual bought a copy of Vista OEM but couldn’t activate it.

I’ve not heard this before and it’s a bit alarming to say the least. I’ve installed OEM copies on various client PCs and not had this crop up.

If this is the case, is it actually worth the retailer selling OEM software in the first place?

Would be interesting to OcUK comments.
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Huddy I think OEM has always meant that you're "supposed" to buy it with system parts or "as a system builder", but in practise it's not enforced. There are tons of regular users with OEM installed and who are installing OEM every day with no problems. PCZ are gamers, and their techie Wandy is pretty chuffing useless imo, I could do a better job of their hardware section.
 
IIRC MS did change the OEM wording so that it specifically permitted anyone to purchase and install OEM Windows on their own machine, without needing to buy any item of hardware whatsoever, perfectly legitimately and with their blessing.
 
dirtydog said:
IIRC MS did change the OEM wording so that it specifically permitted anyone to purchase and install OEM Windows on their own machine, without needing to buy any item of hardware whatsoever, perfectly legitimately and with their blessing.
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Indeed, the amount of misinformation in this thread is amazing.

I may buy a copy of PC zone just to have a laugh.

Burnsy
 
Burnsy2023 said:
If they are clients then you should have used the Preinstallation Kit, otherwise you're not satisfying the System Builder Licence.

Burnsy
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Hang on, I buy and supply a new PC or build for a client, then install a bought OEM copy of XP/Vista on that machine. If that's not satifying the OEM requirements, then what is. Are you saying I have to register as a system builder to do what I'm doing? If so, I'll do it but the questions remains why can you buy OEM software from vendors such as OCUK when the rules for installation and activation are so unclear.

I'll send you a copy of the article btw unless you have bought it.
 
Admiral Huddy said:
Hang on, I buy and supply a new PC or build for a client, then install a bought OEM copy of XP/Vista on that machine. If that's not satifying the OEM requirements, then what is. Are you saying I have to register as a system builder to do what I'm doing? If so, I'll do it but the questions remains why can you buy OEM software from vendors such as OCUK when the rules for installation and activation are so unclear.

I'll send you a copy of the article btw unless you have bought it.
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No, you don't have to register, but to distribute a machine with Windows OEM on you must obtain the preinstallation kit and use it on all machines you build and use a new copy of Windows OEM. This is stated in the System Builder Licence, which you must adhere to be able to install OEM.

However, I think it may be a good idea for you to register as an OEM partner as then you have access to things like the Preinstallation kit direct from Microsoft.

Oh and no, I didn't buy a copy of PCZone in the end :)

Burnsy
 
I got ya.. So basically if i build a new machine for myself and I can buy an OEM license. However, if i build a PC with the intension to sell, then i must become a licenced builder.

Ok, how about this scenario. I user has a corrupt windows OS, can find the disk and the key on the side of the case is missing or destroyed. Can I buy him a new copy of Windows on OEM?
 
Right, I've emailed PC Zone about their poor research. Its as follows:

Hi,

I would just like to comment on a recent article you published in this month’s PC Zone about Microsoft Windows OEM Licensing.

I am appalled at your lack of accurate research into Microsoft licensing policy and fear that many of your readers are ill informed. Therefore, I’d like to correct some of your errors.

Firstly, an OEM licence can only be assigned to a computer by a ‘System Builder’, however, they need not be registered with Microsoft through their partner program at any point. As long as an end user accepts the System Builder Licence as well as the End User Licence, then they are system builders as defined by the Microsoft System Builder Licence.

“System builder” means an original equipment manufacturer, an assembler, refurbisher, or pre-installer of software on computer systems.

Secondly, the clause of having to purchase ‘non-peripheral’ hardware with an OEM licence was withdrawn by MS in 2006 and system builders can sell an OEM licence to any other system builder without hardware so long as it is still shrink wrapped.

This blog explains about the retraction of the ‘non-peripheral’ hardware requirement: http://blogs.msdn.com/mssmallbiz/archive/2005/09/07/461950.aspx

However, another clarification also needs to be addressed in here:

You will notice the loophole that people have been exploiting (the former language which stated that an OEM desktop Operating System license could be sold with "non-peripheral hardware,") is no longer in place. It is now very simple and straightforward: an OEM license must be sold "only with a fully assembled computer system." Loophole closed.

This is inaccurate in the fact that the System Builder licence uses the term ‘distributed’ not sold, which is specifically defined as:

”Distribution” and “distribute” means the point in time when a fully
assembled computer system leaves the control of system builder.

Therefore, is the system builder does not ‘lose control of the system’, there is no hardware requirement.

Your reader Ian, has bought his copy of Windows perfectly legally and is entitled to have it activated by Microsoft. There has been a worrying trend of Indian CSRs giving out false information, but all of this has been clarified by Microsoft’s System Builder Licensing Team on the newsgroups available at oem.microsoft.com.

The problem isn’t with Microsoft’s ‘draconian anti-piracy measures' it’s with your poor research and Microsoft’s poor call centre training.

Regards
 
Burnsy2023 said:
Right, I've emailed PC Zone about their poor research. Its as follows:

Hi,

I would just like to comment on a recent article you published in this month’s PC Zone about Microsoft Windows OEM Licensing.

I am appalled at your lack of accurate research into Microsoft licensing policy and fear that many of your readers are ill informed. Therefore, I’d like to correct some of your errors.

Firstly, an OEM licence can only be assigned to a computer by a ‘System Builder’, however, they need not be registered with Microsoft through their partner program at any point. As long as an end user accepts the System Builder Licence as well as the End User Licence, then they are system builders as defined by the Microsoft System Builder Licence.

“System builder” means an original equipment manufacturer, an assembler, refurbisher, or pre-installer of software on computer systems.

Secondly, the clause of having to purchase ‘non-peripheral’ hardware with an OEM licence was withdrawn by MS in 2006 and system builders can sell an OEM licence to any other system builder without hardware so long as it is still shrink wrapped.

This blog explains about the retraction of the ‘non-peripheral’ hardware requirement: http://blogs.msdn.com/mssmallbiz/archive/2005/09/07/461950.aspx

However, another clarification also needs to be addressed in here:

You will notice the loophole that people have been exploiting (the former language which stated that an OEM desktop Operating System license could be sold with "non-peripheral hardware,") is no longer in place. It is now very simple and straightforward: an OEM license must be sold "only with a fully assembled computer system." Loophole closed.

This is inaccurate in the fact that the System Builder licence uses the term ‘distributed’ not sold, which is specifically defined as:

”Distribution” and “distribute” means the point in time when a fully
assembled computer system leaves the control of system builder.

Therefore, is the system builder does not ‘lose control of the system’, there is no hardware requirement.

Your reader Ian, has bought his copy of Windows perfectly legally and is entitled to have it activated by Microsoft. There has been a worrying trend of Indian CSRs giving out false information, but all of this has been clarified by Microsoft’s System Builder Licensing Team on the newsgroups available at oem.microsoft.com.

The problem isn’t with Microsoft’s ‘draconian anti-piracy measures' it’s with your poor research and Microsoft’s poor call centre training.

Regards
Click to expand...

did you get a reply?? are they going to print that??
 
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