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The use of OEM operating systems. A very interesting site.

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The use of OEM operating systems. A very interesting site.

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Old 21st Feb 2010, 18:53
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The use of OEM operating systems. A very interesting site.

I'll start afresh if Saab doesn't mind, cos this is esentially a different issue to the one I started about Prem v Pro.

Funnily enough, I got this link from the MS W7 Forum, which I joined when I got the RC to play with. I didn't look here first because...well, because of who they are. I never imagined such open discussion would take place on a MS forum.

In short, it was legal/acceptable to use OEM on home-builds, but now everything is being done to hush this oft used concession.

Go down to the highlighted bit, but then also read just below.


Is it OK to use OEM Windows on your own PC? Don't ask Microsoft | Ed Bott’s Microsoft Report | ZDNet.com
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Old 21st Feb 2010, 22:01
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Loose Rivets,

Have you actually read the license concerned (which is the thing the user is legally bound to, rather than some extract from a summary document produced by another department within Microsoft).

Section 2.....

“System Builder” means an original equipment manufacturer, an assembler, a refurbisher, or a software pre-installer that sells the Customer System(s) to a third party.
Therefore I would put forward that it is quite clear, even to non-lawyers that a "home-build" does not qualify for an OEM license.

(I am not a lawyer, nor do I work for M$ .... so am willing to be proven wrong ... but some blog post by a journo doesn't quite cut it ! )
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Old 21st Feb 2010, 23:00
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LR is right - it used to be possible, but MS is busily re-writing history.

SD
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Old 22nd Feb 2010, 06:33
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SD,

As far as I remember, the clause I quoted existed way back in the XP days ? I don't think much of the actual legalese has changed.

Also, I believe there always has been a Microsoft requirement for most OEM software to be pre-installed on the system by the system builder (I certainly remember this being the case for Office and can't see it being any different for OS).

I don't think Microsoft are re-writing history. I think you'll find the intention has always there for the policy to be like that if you look at all the pieces of the puzzle .... the fact that there might have been a confused message is probably just down to good old corporate bureaucracy.
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Old 22nd Feb 2010, 21:44
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“System Builder” means an original equipment manufacturer, an assembler, a refurbisher, or....
Even so, I would have thought 'an assembler' would have allowed me to qualify. (I have the receipt for the parts.)

It's academic really, every big seller seems to be selling OEM to the public. One just says that the packaging is spartan, and that's how they save the money. $100 plus, for a coloured box! I don't think so.

It really is up to MS to regulate their outlets. I used to build in the DOS and early Windows days, and had to get my soft from one of several major suppliers that would not sell to the public. Indeed, some only dealt with limited companies. I never saw OEM DOS for sale in the shops - not that there were many of those back then.
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Old 23rd Feb 2010, 09:31
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I must admit that I feel that if software manufacturers want to write long and complex rules as to who is licenced to install/use their software, then they should use their software to enforce those rules.
About nine months ago I decided to replace my 8 year old desktop with an updated version. As I had no wish to use Vista, I decided to build my own. Accordingly I acquired a mobo, dual core CPU, 3 Gb of ram and a HDD. I put it all together into a new case and installed the CD/DVD writer from my old machine together with its perfectly serviceable 80 Gb HDD. On switching on, much to my suprise it worked and requested a bootable disk in the CD/DVD drive! Accordingly I put the "rescue" disc I received with my old computer in the slot, the new HDD was formatted and XP professional (without even service pack 2) was installed. For obvious reasons I denied it internet access, and then proceeded to validate it. This had to be done by telephone - which is totally automated. Accordingly I entered the generated code to be told that this was not acceptable and would I push the button on the validation screen. I did and the XP validation code from its label on the computer case was requested. This was entered from the old computer case, a new code was generated and this was accepted, so I could validate this copy of XP. I have no guilty concience over this. I have paid a licence fee for its use when I bought my old, now dismantled, computer. There was no time limit implicit in the license and that copy is now functioning on a single computer which contains bits of the computer on which it was originally installed, but this may be contrary to Microsoft's complex license conditions.

Interestingly, I had to re-install XP pro on my wife's desktop a couple of weeks ago. The machine was supplied without a rescue disk so I used my old one. When the validation screen eventually appeared, I noted that I was instructed not to press the validation button unless instructed to do so by the microsoft operative. I entered the generated code over the telephone and was promptly informed that my copy of XP was pirated and that I should visit the microsoft website where I would be instructed how to (presumably pay) to validate it. Despite not being instructed to push the button this time, I did so, the XP validation number from the case was requested which I entered and a new code was therefore generated. Another telephone call to microsoft (a free number) was then made, the new code was given which was accepted and the copy of XP quickly validated.
Now, nobody could complain that this re-installation was not completely "kosher" yet Microsoft tried to get me to pay for its validation! Has there been a slight policy shift over the last 9 months?

P.P.
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Old 23rd Feb 2010, 09:55
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Similar tale here. I built (assembled) a machine on an oem copy of Vista. I subsequently upgraded the sound card and on doing so, Vista announced that I was required to revalidate the install. I did so by telephone and was denied validation & put through to an operator who told me that as my copy was oem, I was not allowed to use it on two machines. I pointed out I wasn't & had simply upgraded a component, but was told that dfor the purposes of licensing, I had in effect changed to a new machine!

I will admit that I circumvented the requirement by my own means, but ms were wrong on the terms of their own licence for that copy & I did read the small print. They didn't make nice, so I navigated past them on my own terms.
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Old 23rd Feb 2010, 11:15
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which "part" of a machine is deemed to be "the machine"?

I want to upgrade an old-ish Dell desktop machine which is grinding to a halt as the software has grown to the point of swamping it. I want to keep the Win XP which was installed by Dell (I have no doubt paid for it) but would really like to transfer it to a faster, bigger, new HDD. I also need to put in a faster processor and tons more ram, probably by swapping out the motherboard.

Dell have put the rescue disk as a partition on the existing HDD. So, if I put a new HDD in the machine, can the old partition copy of OS re-install the OS onto the new HDD? If it can't, can the old OS be reconfigured to allow it to boot the machine and then let all of my apps run from the new HDD?

No CDs were provided with the machine. I had the argument with DELL, when the machine turned up without my paid for licensed copy of Win XP but their stance is that if the HDD fails completely, so a restore cannot be performed, then it is tough.

It would seem that I break the license agreement as soon as I open the case of the machine. What upgrades are allowed?

How did MicroShaft get away with this for so long?

Help.

Rans6.....
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Old 23rd Feb 2010, 17:20
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Actually, my experience with this has been pretty good. I'm reminded of the classic 'genuine Napoleon's dagger': it's had two new blades and one new handle, but it's still Napoleon's dagger. Had a motherboard go down, replaced it, no request for re-validation. Replaced hard drive, ditto. Added RAM - suddenly a request to validate. One phone call, brief explanation, re-validated. I've only had one M$ license, and right up to my moving to W7 no trouble... maybe the DVD ROM was the same as when I first installed XP.
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Old 23rd Feb 2010, 19:02
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I can go better than that, Jim.

Replaced hard disks, new mobo/CPU, changed all sorts of hardware from DVD drives to IDE cards, added other things like drives/USB cards/etc, added ram........

Never once had to revalidate.
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Old 23rd Feb 2010, 20:29
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What OS was that?
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Old 23rd Feb 2010, 20:52
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Windows XP.... Never been nagged at.......
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