Full or OEM?

D

D. Spencer Hines

As I said, if you were paying attention, there will a Court Case.

Microsoft cannot prevent someone from bringing a suit against them, if the
plaintiff is committed to it.

DSH
----------------------------------
 
D

DevilsPGD

In message <[email protected]> "D. Spencer Hines"
As I said, if you were paying attention, there will a Court Case.

Microsoft cannot prevent someone from bringing a suit against them, if the
plaintiff is committed to it.

It is *very* difficult for a consumer to show actual damages though, and
even if MSFT's lawyers managed to lose the case, they probably wouldn't
appeal, meaning that it wouldn't form a precedent.
 
D

D. Spencer Hines

Coulda, Shoulda, Woulda.

DSH

In message <[email protected]> "D. Spencer Hines"


It is *very* difficult for a consumer to show actual damages though, and
even if MSFT's lawyers managed to lose the case, they probably wouldn't
appeal, meaning that it wouldn't form a precedent.
 
D

Dave

Someone posted a link here not too long ago to a site with an interview with
Susan somebody from Microsoft where she (Microsoft) specifically stated that
Microsoft allows home users to install OEM software on their own home-built
PCs. It is within the intent and scope of the agreement as long as the home
user understands that they are responsible for their own support.

http://www.pcmag.com/article2/0,1895,2087792,00.asp

Dave
 
P

Pecos

Ken Blake said:
The issue of OEM licenses and what constitutes the same computer is a can
of worms. The EULA doesn't specify what constitutes the same computer, and
the EULA is what you agree to. If I had my druthers, all licenses would be
the same, with the retail rules, and there wouldn't be such a thing as an
OEM license.

There are people here (and elsewhere) who claim that if you change the
motherboard, it's a different computer. Although that certainly sounds
logical, the OEM EULA does *not* say that. Some of these people will point
to a Microsoft site for System Builders (one that can't even be accessed
by the general public) that states that changing the motherboard makes it
a different computer. Again, the EULA, which is what you agree to, does
*not*
state that, so as far as I'm concerned, what this site states is
irrelevant.

My guess is that if it ever came before a court (which is highly unlikely)
and Microsoft ever pointed to that web site, they'd be laughed out of
court.

The real issue in my mind is what happens if you change the motherboard
and have to reactivate an OEM version over the phone. If you talk to a
Microsoft representative and he defends the "motherboard defines the
computer" point of view and won't activate you, you're out of luck unless
you want to take Microsoft to court (which is probably highly unlikely).

My own view is that you might be able to successfully argue in court that,
silly as it may sound, the computer is defined by the case, since that's
where Microsoft requires that the product key sticker be affixed. You
could
therefore change everything inside the case, and it would still be the
same computer.

However, don't rely on that last paragraph unless you're willing to go to
court over it. I wouldn't be.

Great post Ken.

I was reviewing the OEM license again and remembered that there is a
'PREINSTALLATION REQUIREMENT' clause, item six, that requires the 'system
builder' to use the OEM Preinstallation Kit ("OPK"). While this makes no
sense whatsoever that I can see for someone installing the OEM version on
their own 'device', it is required per the EULA.

Does this OPK software come with the OEM version or do you have to sign up
for the Microsoft Partner Program at
http://www.microsoft.com/oem/sblicense/OPK/default.mspx in order to download
it?

Have any retail OEM customers out there actually used this OPK? If so, how
does it work? Does it install a EULA on the device that you, the end user,
must accept that is any different from this one at
http://oem.microsoft.com/downloads/Public/sblicense/English_SB_License.pdf?

Does anyone besides me really care? :)

--
Alan Norton
Reviews Including ABIT AN8 SLI, ECS P965T-A & Foxconn 975X7AB-8EKRS2H
Motherboards
Guide to Choosing the Right Version Of Vista For You - Vista Confusion
Article
Arizona Pics & Cute Animal Pics
No Spam - Just a gratuitous plea for more hardware to test :)
http://www.mindspring.com/~anorton1/
 
C

Cast-it Admin

This is like the old antiques market problem - you buy a 17th century sword.
The handle is broek, so is replaced, you sell it to someone else, who
decides the rust on the blade is too much, so another restoration there -
the question now remains - is it still a 17C sword?

In the antiques business they would say yes, with the admission of some
restoration work. Thus, surely the same must apply to computers. It is the
same PC but with up-grades.

Ron
 
B

Brian W

I was aware of that, I meant the time between the activation being 'reset',
as it was 120 days with XP (retail and generic OEM).
Sorry for the confusion. Are you able to confirm how long an activation
remains 'active' on the server before the slate is wiped clean?
 

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