Licensing question

[Percival P. Cassidy]

Just to satisfy my curiosity (since I am not in the market for a new
Windows package at present):

My local computer store people tell me that they cannot sell me an OEM
version of Windows except with a complete machine that they configure.

At another computer store I heard a store clerk tell a customer, "This
is an OEM version, so you have to buy it with some item of computer
hardware -- but a $0.25 package of screws fulfills that requirement."

I questioned the person who was helping me in this latter store about
the discrepancy between his store's practice and what I had been told in
the first-mentioned one. His response: "My contract with Microsoft
specifies only that I have to sell OEM versions with some item of
computer-related hardware. A package of case screws is computer-related
hardware."

Is one of these stores interpreting the license requirements
incorrectly? Or are there in fact licenses with such widely differing terms?

Perce

 

[John]

Just to satisfy my curiosity (since I am not in the market for a new
Windows package at present):

My local computer store people tell me that they cannot sell me an OEM
version of Windows except with a complete machine that they configure.

At another computer store I heard a store clerk tell a customer, "This is
an OEM version, so you have to buy it with some item of computer
hardware -- but a $0.25 package of screws fulfills that requirement."

I questioned the person who was helping me in this latter store about the
discrepancy between his store's practice and what I had been told in the
first-mentioned one. His response: "My contract with Microsoft specifies
only that I have to sell OEM versions with some item of computer-related
hardware. A package of case screws is computer-related hardware."

Is one of these stores interpreting the license requirements incorrectly?
Or are there in fact licenses with such widely differing terms?

Perce

The latter one is correct - maybe not to the spirit of, or morality of the
law but certainly to the letter of the law. OEM stands for Original
Equipment Manufacturer and if you manufacture (build) your own machine for
your own use then you are an OEM and a packet of screws counts as hardware.

John.

 

[Kerry Brown]

As of August 2005 both stores are wrong if you were talking about XP. An OEM
System Builder can sell unopened OEM packs of XP (not Office) to another
system builder. There is no criteria for being a system builder other than
saying you are one. There are one pack SKUs of OEM XP available. Once an OEM
pack is opened the individual pieces inside must be installed on a system.
They cannot be sold separately with hardware or not. OEM Office is
different. It can only be sold installed on a pc. OEM Server products don't
have to be installed they can be sold uninstalled with a new pc. All of this
is in the System Builder license on the outside of every OEM pack. Ask one
of the stores to see the box for an OEM pack and look at the license. If
they don't have a box with the license on it (or a soft pack envelope in the
case of a one pack) their supplier is suspect. Probably neither of them have
bothered to read the license for a while. One is going by a very old
license, the other is just misinformed.

 

[Percival P. Cassidy]

My local store was certainly talking about XP: no Vista yet when I asked
-- and it could even have been before August 2005 when the conversation
took place.

The other store could having been talking about Vista: the conversation
took place just last week, but I didn't see what package was being
discussed.

Perce

 

[Jupiter Jones [MVP]]

Ask your local computer store if the reason is Microsoft licensing or store
policy?

 

[Ghostrider]

As of August 2005 both stores are wrong if you were talking about XP. An
OEM System Builder can sell unopened OEM packs of XP (not Office) to
another system builder. There is no criteria for being a system builder
other than saying you are one. There are one pack SKUs of OEM XP
available. Once an OEM pack is opened the individual pieces inside must
be installed on a system. They cannot be sold separately with hardware
or not. OEM Office is different. It can only be sold installed on a pc.
OEM Server products don't have to be installed they can be sold
uninstalled with a new pc. All of this is in the System Builder license
on the outside of every OEM pack. Ask one of the stores to see the box
for an OEM pack and look at the license. If they don't have a box with
the license on it (or a soft pack envelope in the case of a one pack)
their supplier is suspect. Probably neither of them have bothered to
read the license for a while. One is going by a very old license, the
other is just misinformed.

Gee whiz...we did not have this problem 20 years ago when the difference
between an OEM package and a retail package was that the latter came with
a manual and a box to hold the manual and diskettes. Today, the minimum
requirement to shop is, at a minimum, a law degree and a very glib tongue.