Another OEM license question

[Lee]

My question 'might' be UK specific, but any comments welcome……..

I run a small local business in the UK offering various pc services and
would like to add an 'Upgrade from XP to Vista' option.
Because of the cost of the official retail upgrade versions, I'm not
expecting this to be too successful and so am curious if using OEM
licenses instead is a legitimate alternative.

The OEM license for Vista states "Must be distributed with a fully
assembled computer system'. Nowhere, that I can see, does it state that
this must be a brand new computer.

Therefore, if I were to advertise the following service…..
1) Collect the customers pc 2) Remove XP 3) Possibly upgrade the
ram/graphics card 4) Install OEM Vista 5) Return the customers pc

Would this be legitimate interpretation of 'distributed with an
assembled computer'?

I know that many of us have used this method for our own XP to Vista
upgrade and I'm sure that Microsoft are aware too. I'm also clear on the
differences with OEM (non-transferable etc). What I'm not clear about is
are Microsoft just turning a blind eye to this, or is it genuinely okay
to do?

Thanks in advance.
Lee.

 

[Kevin Young]

My question 'might' be UK specific, but any comments welcome……..

I run a small local business in the UK offering various pc services and
would like to add an 'Upgrade from XP to Vista' option.
Because of the cost of the official retail upgrade versions, I'm not
expecting this to be too successful and so am curious if using OEM
licenses instead is a legitimate alternative.

The OEM license for Vista states "Must be distributed with a fully
assembled computer system'. Nowhere, that I can see, does it state that
this must be a brand new computer.

Therefore, if I were to advertise the following service…..
1) Collect the customers pc 2) Remove XP 3) Possibly upgrade the
ram/graphics card 4) Install OEM Vista 5) Return the customers pc

Would this be legitimate interpretation of 'distributed with an assembled
computer'?

I know that many of us have used this method for our own XP to Vista
upgrade and I'm sure that Microsoft are aware too. I'm also clear on the
differences with OEM (non-transferable etc). What I'm not clear about is
are Microsoft just turning a blind eye to this, or is it genuinely okay to
do?

Thanks in advance.
Lee.

This article may be of interest to you Lee:

<http://news.yahoo.com/s/zd/20070126/tc_zd/199653>

 

[Mike Brannigan]

My question 'might' be UK specific, but any comments welcome……..

I run a small local business in the UK offering various pc services
and would like to add an 'Upgrade from XP to Vista' option.
Because of the cost of the official retail upgrade versions, I'm not
expecting this to be too successful and so am curious if using OEM
licenses instead is a legitimate alternative.

The OEM license for Vista states "Must be distributed with a fully
assembled computer system'. Nowhere, that I can see, does it state
that this must be a brand new computer.

Therefore, if I were to advertise the following service…..
1) Collect the customers pc 2) Remove XP 3) Possibly upgrade the
ram/graphics card 4) Install OEM Vista 5) Return the customers pc

Would this be legitimate interpretation of 'distributed with an
assembled computer'?

I know that many of us have used this method for our own XP to Vista
upgrade and I'm sure that Microsoft are aware too. I'm also clear on
the differences with OEM (non-transferable etc). What I'm not clear
about is are Microsoft just turning a blind eye to this, or is it
genuinely okay to do?

Thanks in advance.
Lee.

You should be able to do this - but you are in a slightly grey area as
you are not "selling" the hardware.
The main issue you as the provider of this would have to be aware of
that will have a direct impact on your business is that you are now
going into the operating system and PC support business, as under the
terms of the OEM and system builder licensing you are responsible for
providing all support for the operating system you resell to the
consumer on that PC. You must put your support phone number in a
prominent place such as the system properties dialog etc.

 

[Alias]

You should be able to do this - but you are in a slightly grey area as
you are not "selling" the hardware.
The main issue you as the provider of this would have to be aware of
that will have a direct impact on your business is that you are now
going into the operating system and PC support business, as under the
terms of the OEM and system builder licensing you are responsible for
providing all support for the operating system you resell to the
consumer on that PC. You must put your support phone number in a
prominent place such as the system properties dialog etc.

How about a client that buys their own generic OEM and has a tech
install it for them? Who's responsible for support? I know of only one
store in all of Spain that sells retail versions of Windows and at a
*very* elevated price. For example, 784 US dollars for Retail Ultimate.

Here's the url:

http://www.elcorteingles.es/informa...o_lst.asp?tlst=00000007&tsel=2&tmar=000000001

Now, at all the other stores -- that only sell generic OEMs -- the price
for Ultimate is only 236 US dollars. For the price of one Retail, one
can buy three generic OEMs and get 76 US dollars change.

Alias

 

[Mike Brannigan]

How about a client that buys their own generic OEM and has a tech install
it for them? Who's responsible for support? I know of only one store in
all of Spain that sells retail versions of Windows and at a *very*
elevated price. For example, 784 US dollars for Retail Ultimate.

Here's the url:

http://www.elcorteingles.es/informa...o_lst.asp?tlst=00000007&tsel=2&tmar=000000001

Now, at all the other stores -- that only sell generic OEMs -- the price
for Ultimate is only 236 US dollars. For the price of one Retail, one can
buy three generic OEMs and get 76 US dollars change.

Alias

The vendor of the OEM product in that case is the end users as they are the
one who supplied it.
Getting a tecnician to do some work for you does not cange the ownership and
supply lines - so the end user is still responsoible for thier own support
as they are the "vendor" of the OEM system.

 

[Alias]

The vendor of the OEM product in that case is the end users as they are
the one who supplied it.
Getting a tecnician to do some work for you does not cange the ownership
and supply lines - so the end user is still responsoible for thier own
support as they are the "vendor" of the OEM system.

So, you're saying the end user sold it to themselves? Not possible.

Alias

 

[Mike Brannigan]

So, you're saying the end user sold it to themselves? Not possible.

Alias

No - the distributor sold the original OEM package to the end user. That
user is going to deploy that OEM software on a PC - their own or one they
are going to sell.
If they hire some help to do the install that does not change anything -
THEY are the ones getting the software from a distributor and they are the
ones who then install it on a PC - and thus they are then responsible for
the support of that OS.
It does not matter if they keep the device themselves (such as a home
builder) or sell the device on (such as a system build) there use of hired
help to do an install does not alter the fact that they are the OEM for that
installed OS on that device.

 

[Alias]

No - the distributor sold the original OEM package to the end user.
That user is going to deploy that OEM software on a PC - their own or
one they are going to sell.
If they hire some help to do the install that does not change anything -
THEY are the ones getting the software from a distributor and they are
the ones who then install it on a PC - and thus they are then
responsible for the support of that OS.
It does not matter if they keep the device themselves (such as a home
builder) or sell the device on (such as a system build) there use of
hired help to do an install does not alter the fact that they are the
OEM for that installed OS on that device.

It would seem to me that the tech is building the system, not the end
user but in MS-speak, it's confusing on purpose.

Alias

 

[Conor]

So, you're saying the end user sold it to themselves? Not possible.

The end user builds the system and sticks an OEM copy on. The system
builder is responsible for providing OS support for an OEM version
installed on a computer they built ergo the end user, if they built the
system and put an OEM version on, is responsible for their own Vista
support.

WHY THE **** DO YOU THINK OEM VERSIONS ARE CHEAPER?

 

[Conor]

It would seem to me that the tech is building the system, not the end
user but in MS-speak, it's confusing on purpose.

No it isn't.

 

[Alias]

No it isn't.

Yes it is.

Alias

 

[Hugh Wyn Griffith]

Therefore, if I were to advertise the following service…..
1) Collect the customers pc 2) Remove XP  3) Possibly upgrade the 
ram/graphics card 4) Install OEM Vista 5) Return the customers pc

Although you would lose the profit, if any, on reselling the copy of
VISTA I wonder if it would be more acceptable to MS if the customer
bought the copy of VISTA from the UK equivalent of NewEgg etc (Dabs?
<g>) or even imported it from the USA or downoaded it from the USA? <g>

I am past the days of wanting skinned knuckles so I have my PCs built
(in the USA where I live) by a local builder -- I buy all the hardware
to my specification and the OS, he assembles, installs and tests it and
charges me a fixed, reasonable fee. It works wonderfully for upgrading
from a system with good hard and optical drives etc but needing a new
mobo and CPU ....