Buying sealed OEM software

[Guest]

I've noticed that there's a lot of OEM software on sale on ebay and I know
that unlike retail products, used OEM software does not have a transferable
license and so cannot be legally bought.

However, a lot of OEM software is sold as sealed, unused and uninstalled and
it's been suggested that unused OEM software can be sold as the license is
intact (and has been paid for) and unactivated and that the license is
activated on the first computer that the software is installed on in
accordance with OEM licensing.

I was wondering whether this is in fact the case or whether I should steer
well clear and stick to retail products.

 

[Carey Frisch [MVP]]

A study by Microsoft of software offered for sale on internet auction web sites
found that between 40-50% was counterfeit. When you purchase software
from an individual, you really have no recourse if the software turns out to be
counterfeit and/or non-genuine. The safest way to purchase software is to
purchase a "retail boxed" version from a well-known and reputable company
or store.

--
Carey Frisch
Microsoft MVP
Windows Shell/User

--------------------------------------------------------------------------------------

:

I've noticed that there's a lot of OEM software on sale on ebay and I know
that unlike retail products, used OEM software does not have a transferable
license and so cannot be legally bought.

However, a lot of OEM software is sold as sealed, unused and uninstalled and
it's been suggested that unused OEM software can be sold as the license is
intact (and has been paid for) and unactivated and that the license is
activated on the first computer that the software is installed on in
accordance with OEM licensing.

I was wondering whether this is in fact the case or whether I should steer
well clear and stick to retail products.

 

[Guest]

Thanks Carey,

Yes I'm sure that buying software on an auction site can be a risky
business, I guess ebay was an example really. It's really though about
whether unused, sealed OEM software can be legitimately bought and used or
not. I've seen sealed OEM software at computer fairs (and even in shops). If
not then that's fair enough but I thought I'd ask.

Thank You for taking the time to reply, I appreciate it.

 

[Johnnie]

I've noticed that there's a lot of OEM software on sale on ebay and I know
that unlike retail products, used OEM software does not have a transferable
license and so cannot be legally bought.

However, a lot of OEM software is sold as sealed, unused and uninstalled and
it's been suggested that unused OEM software can be sold as the license is
intact (and has been paid for) and unactivated and that the license is
activated on the first computer that the software is installed on in
accordance with OEM licensing.

I was wondering whether this is in fact the case or whether I should steer
well clear and stick to retail products.

I was at a Microsoft piracy seminar and thy pointed out that the license
agreement the OEM signed does not permit them to resell the software at
retail. They must only bundle it with their own hardware. Also, they
pay for only the copies they actually use so there are never any
"leftover" licenses to resell.

What you are buying is illegally copied software.

 

[Bob Knowlden]

If you don't trust eBay, you can find OEM versions for sale at mainstream
sellers, such as:

http://www.newegg.com/Product/Product.asp?Item=N82E16832116056

However, it is the same price as the retail upgrade version. If you have
"qualifying media" (such as a Win98 upgrade CD), I'd recommend going with
that.

Return address scrambled. Replace nkbob with bobkn.

 

[Ercsz]

Paul wrote:
I was at a Microsoft piracy seminar and thy pointed out that the license
agreement the OEM signed does not permit them to resell the software at
retail. They must only bundle it with their own hardware. Also, they pay
for only the copies they actually use so there are never any "leftover"
licenses to resell.

What you are buying is illegally copied software.

On the topic of worthless OEM junk peddled on Ebay:

I saw an Ebay auction once where the seller was not only selling OEM Windows
CD's, but they were actually even those bullshit system restore CD's from
OEM's.

Maybe he thought it would make it legit, or maybe he just had a sense or
humor, I don't know -- but taped to each each jewel case was a screw
supposedly from the system that the CD's originally came with...

 

[Ercsz]

On the topic of worthless OEM junk peddled on Ebay:

I saw an Ebay auction once where the seller was not only selling OEM
Windows CD's, but they were actually even those bullshit system restore
CD's from OEM's.

Maybe he thought it would make it legit, or maybe he just had a sense or
humor, I don't know -- but taped to each each jewel case was a screw
supposedly from the system that the CD's originally came with...

Oh, let me also add that these were current versions of windows and he
wanted top dollar.

Really old OEM windows versions (i.e., Win 3.x) are often sold on Ebay
"illegally" but its clear the seller isn't trying to grossly profit. He is
just making it available for anyone that wants it for their masochistic
nostalgia collection...

 

[Guest]

"I was at a Microsoft piracy seminar and thy pointed out that the license
agreement the OEM signed does not permit them to resell the software at
retail."

This is probably the bit that confuses me, OEM software is readily available
as long as it's bought with qualifying hardware, from numberous 'retail'
sources. The online retailer where I buy most of my hardware fromhas a long
list of OEM software for sale retail (in the sense that it's not trade and
available to ordinary consumers) as long as a hardware purchase is made at
the same time. I suppose that it's the hardware that's bought retail and the
OEM software is attached. There do seem to be 'spare' OEM packages are
hardware retailers (rather than system builders) seem to be able to buy OEM
software to sell along with their components.

Most sellers of unused OEM software on auction sites (or shops) seem to
supply hardware with the software to comply with this.

I'm still unsure of the legality so maybe sticking to retail software is
best for which the license is transferable is best.