OEM not for "The hobbyist market"

[nate42nd]

Previous to Windows 7, Microsoft actually did allow individuals to purchase OEM versions of Windows, but only if they intended to install it on a brand-new PC that they were building. As Ed Bott pointed out in a 2008 blog post, the previous end user license agreement (EULA) for OEM Windows versions specified the following:

"OEM system builder software packs are intended for PC and server manufacturers or assemblers ONLY. They are not intended for distribution to end users. Unless the end user is actually assembling his/her own PC, in which case, that end user is considered a system builder as well."

This is pretty clear-cut. Sadly, this language does not appear in the licensing for OEM versions of Windows 7. Yes, individuals can still buy OEM versions of Windows 7. But they cannot then install that copy of Windows 7 on a PC they are building for themselves. Instead, they can only install it on a PC that they then sell--and support--to someone else. And they must do so using Microsoft's OEM pre-installation kit (OPK), a step that is clearly aimed at further preventing this type of software from being used by the hobbyist market.

More Here

I didn't know there had been changes in the past year to the OEM EULA. Might be worth reading in you want to stay within the agreement.

 

[pparks1]

Back in July, when I built my machine, i purchased an OEM copy of Windows Vista 64-bit for the machine which came with a free upgrade coupon for Windows 7. I had no intention of ever transferring this copy to a new machine...nor did this machine qualify for an "upgrade" since it didn't have a previous OS and I wasn't deactivating any of my other boxes in my house.

I wonder how the EULA handles this. Since I was legally able to use the Vista disc as a hobbyist...And since it came with the free upgrade disc..I'm wondering if I am allowed to upgrade that version or not since the EULA has changed.

Either way, I'm in the clear as I attended the New Efficiency event and got a free retail copy of Windows 7 and that is actually what I am using. My OEM copy is simply sitting in my file cabinet, unused.

 

[nate42nd]

Back in July, when I built my machine, i purchased an OEM copy of Windows Vista 64-bit for the machine which came with a free upgrade coupon for Windows 7. I had no intention of ever transferring this copy to a new machine...nor did this machine qualify for an "upgrade" since it didn't have a previous OS and I wasn't deactivating any of my other boxes in my house.

I wonder how the EULA handles this. Since I was legally able to use the Vista disc as a hobbyist...And since it came with the free upgrade disc..I'm wondering if I am allowed to upgrade that version or not since the EULA has changed.

Either way, I'm in the clear as I attended the New Efficiency event and got a free retail copy of Windows 7 and that is actually what I am using. My OEM copy is simply sitting in my file cabinet, unused.

Good point, the upgrades versions are another twist.

This may not be news, and maybe I should have posted it in another forum, but it's certainly news to me.

 

[HerrKaLeun]

I think they don't really care if you use upgrade, student or OEM version for whatever you feel. They know the alternative would be a pirated version and you at least paid something.

I have the digital river student upgrade for $ 30. My university software store also sells me one professional version for $ 43. I think of getting that too for my wife's laptop. Is it really legal, since I'm the student and not her... well..... she already has paid (with the laptop) for XP and will "throw that away" since no one can use it (Dell). So she already pays more than originally. therefore MS should be happy for at least some revenue.

this might not be 100% legal, but I think what MS actually is after are the real pirates, that don't pay at all. They know that people use upgrade, OEM, student version other than intended. they would have less of a problem if the price gaps wouldnot be so huge. OEM like Dell maybe pay $ 30 for a copy, and I'm supposed to pay $ 200? I'm sure many people would not make the effort if the price difference was not so big.

 

[Uzi]

I've built all my own PC machines since the early 80's.

I recently installed Windows 7 on my currently XP equipped machine and used the retail version to do so as I didnt' want any hassles down the road.

That said, I don't' see this 'restriction' as any obstacle to anyone wanting to build a box using the OEM version. I dont' see as a , practical matter, how this could be enforced.

Say Doug Enthusiast builds a box with OEM licence. He then 'sells' said box to his sister for 1 dollar or a bottle of soda. That satisfies the strict read of the agreement.

What I wonder though is say this happens:
Two years later the system board craps out cause the power supply blew all its smoke into the CPU.
Doug has to replace it and the CPU with a new one, hell it even took out the graphics card. Therefore it reads as a new machine to Windows.
Now in the past the following was not a problem. One just called MS if there was a issue with re-registering
a 'new ' machine with the automatic re-register via internet.

Under this 'new' licensing scheme is the same procedure followed? One would think so else anyone running a small shop running legit system builds and selling them would have hell to pay if he/she had to tell a customer 'oh yah, your gonna have to buy a new license ' as I've changed the system board out and MS wont' let us register it as it is a 'new machine.'

If I build another box, which I'm threatening to do, I may build it with the OEM version and keep the 'full version' on my current machine. If I do so, I suspect I"ll sell the box to myself for a bottle of quality bourbon.
If that fails to salve my conscious , I'll sell it to my cat. If he unable to pay me back in a reasonable time frame I'll be forced to confiscate the machine.
Be sure, I'll be sure to write a nasty contract and 'reasonable time frame' will be quite short. Cat doesn't read so good I'm sure he will miss the fine print.


Seriously, how does this impact the home PC builder at all. Seems silly.

 

[nate42nd]

Seriously, how does this impact the home PC builder at all. Seems silly.

I don't think it does now, but it makes me wonder why they made any changes to the agreement. Maybe they are moving away from OEM for the masses. I don't know how Apple handles it, but maybe MS is going in another direction for the next release.

They had better look at the price structure if they do anything like that.

 

[Colonel Travis]

Mr. Bott just posted about OEM System Builder licenses for the regular PC enthusiast. Also had a post earlier this month about all of the different licensing gobbledegook.

 

[Uber Philf]

I just wana throw something out there, I'm not giving anyone ideas or anything, just a question, if the Admins/Mods see this as inappropriate, please take it down.

If somebody had a Legal version of Vista, and obtained a copy of an upgrade disc illegally (we all know theres bound to be one out there) Would all they have to do, is use the serial from their legit copy of Vista to activate the upgrade to Seven?

As i said before, if this is against the rules, please take it down.

 

[nate42nd]

Mr. Bott just posted about OEM System Builder licenses for the regular PC enthusiast. Also had a post earlier this month about all of the different licensing gobbledegook.

Thanks for the links.

 

[Jordus]

No problem. Im a coowner in an LLC, so i'll just donate the computer to myself and write it off on my taxes.

 

[richc46]

OPK

Can someone tell me, what is the OPK, oem preinstallation kit?

 

[nate42nd]

Can someone tell me, what is the OPK, oem preinstallation kit?

It's for builders to use to do mass installs and put their brand on the system info.

You could find out more here

Microsoft OEM Partner Center

 

[Adrian]

No eula

I just finished installing the Home Premium upgrade version on a formatted HDD, there was no printed EULA certificate in the case.
Interesting!

 

[nate42nd]

I just finished installing the Home Premium upgrade version on a formatted HDD, there was no printed EULA certificate in the case.
Interesting!

Hmmm, let us know if you activate it and it sticks. Nice to have the option to do a clean install with an upgrade version so you would not have to install both OSs each time you have to do a clean install.

 

[nate42nd]

Here's a related article that's even better.

Is it OK to use OEM Windows on your own PC? Don't ask Microsoft | Ed Bott’s Microsoft Report | ZDNet.com

 

[pparks1]

Yeah, it's actions like this which make me thankful that we have some alternatives in the computing marketplace.

I mean this is a classic example of Microsoft coming down on a person who is purchasing a legitimate version of Windows (rather than pirating it), and telling them that what they are doing is illegal. Seriously, it's not like the OEM license is a give-away...it still costs a fair amount of change. And when users can obtain copies of windows in less expensive ways

1. Attend New efficiency launch event and get it free
2. If you have a .edu mailing address you can have it for $30
3. If you buy the Windows family pack, you can get a 3 pack for $150
4. If you preorder you can get it for 1/2 price
5. You could buy Technet and get multiple copies of all the desktop and server OS's as well as office to boot for less then $350

It's just downright silly that we have to have so many choices, and such legal tomfoolery when it comes to licensing. This really should be easy and much more black and white than it is. It's no wonder that nobody wants to pay retail....it doesn't seem like anybody usually has to.