OEM License

windude99 · 28 Apr 2012

A recent thread on Sevenforums got me thinking. Why does Microsoft say in their license terms that you can't use an OEM license for personal use, but they sell it through third parties (Amazon and Newegg) and they know that ordinary people are going to buy these OEM copies. If Windows Activation goes through with it then it must be fine, right?
Also, I kind of mentioned this already, but why would they sell it through third parties if they CLEARLY know that any average personcould come across it and buy it. It doesn't say anywhere on Amazon's product description page that I have to sell it to a third party. Only in Microsoft's long EULA.

bbearren · 28 Apr 2012

The OEM Windows 7 sold through third parties is intended for builders who are building a PC for sale to another person. The EULA for OEM Windows 7 states pretty clearly that the OEM version is intended for the installed sale on a PC to another party, and not for personal use.

So legally/technically, even though it will activate, it's not fine; it's contrary to the EULA.

linnemeyerhere · 28 Apr 2012

To the best of my knowledge.....which is limited, the term OEM Original Equipment Manufacturer means in this instance that this MS product is designed for system builders. You install this discounted full version and it notes the mobo and system it is loaded to and isn't designed to be easily transferred to other systems later.

unifex · 28 Apr 2012

I think that this is some sort of lawyer trick. Naturally, nobody ever is going to check what kind of OS you are using at home. Therefore as long as the activation goes through you should be OK. There are only two logical reasons for these "grey areas" - either someone screwed up or it's done intentionally such that if necessary a lawsuit can be filed against whenever seems convenient. None of that concerns private users, as far as I know. Myself, I use a Technet subscription - naturally, for evaluation purposes.

windude99 · 28 Apr 2012

unifex said:

I think that this is some sort of lawyer trick. Naturally, nobody ever is going to check what kind of OS you are using at home. Therefore as long as the activation goes through you should be OK. There are only two logical reasons for these "grey areas" - either someone screwed up or it's done intentionally such that if necessary a lawsuit can be filed against whenever seems convenient. None of that concerns private users, as far as I know. Myself, I use a Technet subscription - naturally, for evaluation purposes.

Yea. I agree. They should really explain this stuff.

unifex · 28 Apr 2012

Well, a more tolerant explanation is this - they are trying to come up with the document that covers all possible situations in the world and aims to prevent all possible forms of abuse of their original intention. It's hard, right? So that's why it's so confusing. Of course, the only way to make things simple is to come up with one single price, say MS Word is worth $N, full stop, period, done, end of story. But I guess they think that it's better to have this complicated pricing system in order to benefit certain parties - friendly hardware companies, friendly developers, etc. They probably think that a little bit of abuse is inevitable and not worth fighting against - that is, the percentage of customers who actually do buy those OEM or Technet versions in apparent contradiction to the original intention of those venues is too small. Consequently, nobody is sued, everyone is happy. Unless a huge corporation decides to buy those OEM licenses for the 100 000 PCs that it operates

seavixen32 · 28 Apr 2012

If you build your own computer and use an OEM copy of Windows, which by definition is intended to be used by system builders, how can Microsoft then argue that you're not a system builder yourself?

Let's face it, no-one in their right mind is going to pay over the odds for a retail copy of Windows if the cheaper OEM version can be installed instead.

windude99 · 28 Apr 2012

seavixen32 said:

If you build your own computer and use an OEM copy of Windows, which by definition is intended to be used by system builders, how can Microsoft then argue that you're not a system builder yourself?

Let's face it, no-one in their right mind is going to pay over the odds for a retail copy of Windows if the cheaper OEM version can be installed instead.

That's the thing. I'm not the money tree Micro$oft wants me to be. I'm just not. If they have a problem with what I use then they need to make their license terms clear and then I will change how I do things.

bbearren · 28 Apr 2012

They do make it pretty clear. OEM Windows 7 installed on a custom built PC is meant to be sold to another person. The builder also agrees to provide OEM support for the end user.

"There is a growing market for "do-it-yourself" home PC hobbyists who assemble PCs from components for their own use. Microsoft retail software licenses are the appropriate licenses for the do-it-yourself market. OEM System Builder software is not intended for this use, unless the PC that is assembled is being resold to another party."

bbearren · 28 Apr 2012

seavixen32 said:

If you build your own computer and use an OEM copy of Windows, which by definition is intended to be used by system builders, how can Microsoft then argue that you're not a system builder yourself?

Let's face it, no-one in their right mind is going to pay over the odds for a retail copy of Windows if the cheaper OEM version can be installed instead.

I've never really claimed to be in my right mind, but I do try to stay legitimate. I use retail.