OEM System Builder License

[Quentin]

I want to make sure that I fully understand the OEM System Builder License.
If you go to http://shop.store.yahoo.com/directron/winxppro.html, then you
will see Directron.com trying to sell you an OEM version of Windows XP
Professional for $134.00. I believe pricegrabber.com made me aware of this
site. However, I have never bought anything listed on pricegrabber.com or
from Directron.com. I went to both sites because someone told me that you
can get an OEM version of Windows XP PRO and they will give you some free
piece of hardware (IDE cable) to establish the legal requirement on their
end.



I read Microsoft's OEM System Builder License and two areas stuck out to me:



1.. 4.1 If the enclosed Software Unit consists of a desktop operating
system, Microsoft grants to you a nonexclusive right to distribute each
Software Unit, provided it is distributed accompanied with either a fully
assembled computer system or nonperipheral computer hardware component (that
will be an integral part of the computer system on which the Software Unit
will be installed). A fully assembled computer system shall consist of at
least a central processing unit, a motherboard, a hard drive, a power
supply, and a case.
2.. 15.1 You may not advertise or price any Software Unit separately from
its accompanying fully assembled computer system or computer hardware.
Except as granted in this license, you may not use, run, distribute, copy,
modify, display, repackage, or reassemble any Software Units or hardware, or
any part of them.


A precise definition for a nonperipheral hardware component is not provided
in the OEM System Builder License. However, Microsoft does define what a
peripheral is:



n. In computing, a device, such as a disk drive, printer, modem, or
joystick, that is connected to a computer and is controlled by the computer'
s microprocessor.
(www.microsoft.com/windowsxp/experiences/glossary_o-v.asp )



Thus, according to Microsoft, in order to be classified as a peripheral
device two conditions must be met: (1) It needs to be connected to the
computer (2) It needs to be controlled by the CPU. Therefore, a
nonperipheral device is one that does not meet the above conditions. A
thumbscrew is a "hardware component" and it is an "an integral part of the
computer system." Additionally, a thumbscrew is, by the above definition, a
nonperipheral hardware component. Thus, Directron.com can sell be an OEM
version of Windows XP Professional along with a thumbscrew.



However, section 15.1 of the OEM System Builder License states that "You may
not advertise or price any Software Unit separately." Directron.com does
advertise the OEM version of Windows XP Professional a part from the
hardware components that they offer with it. You do not discover the
requirement to purchase a thumbscrew (or something else) for 19 cents from
them until you are ready to buy Windows XP. Therefore, it appears that
Directron.com is in violation of section 15.1 of the OEM System Builder
License.



Is this an accurate view of Directron.com website
(http://shop.store.yahoo.com/directron/winxppro.html)?


Quentin

 

[Jim Macklin]

Do you want a lawyers' answer?

My answer, Microsoft can produce CDs for $0.25, the software
costs a bunch. They want you to buy an upgrade when you
upgrade and a new install when you get a new computer. OEM
as sold by MS is licensed for one system. OEM provided to a
company such as Compaq/HP or Dell is licensed to be
customized by the oem mfg'r to suit their desires. Dell
ships the XP CD, HP and Compaq don't ship a CD at all, they
put an image on the hard drive in a hidden partition.

You can find Microsoft system/home builder OEM being sold by
dozens of proper and legal companies, I bought my mobo, CPU
and XP Pro OEM from www.newegg.com . Found them using
www.pricewatch.com

If you see something for $50 it is probably just a WARZ copy
and not legal. You will also see COA for sale, a license to
use the XP CD you have on a second computer, these are
gray-market AFAIK.


--
The people think the Constitution protects their rights;
But government sees it as an obstacle to be overcome.


| I want to make sure that I fully understand the OEM System
Builder License.
| If you go to
http://shop.store.yahoo.com/directron/winxppro.html, then
you
| will see Directron.com trying to sell you an OEM version
of Windows XP
| Professional for $134.00. I believe pricegrabber.com made
me aware of this
| site. However, I have never bought anything listed on
pricegrabber.com or
| from Directron.com. I went to both sites because someone
told me that you
| can get an OEM version of Windows XP PRO and they will
give you some free
| piece of hardware (IDE cable) to establish the legal
requirement on their
| end.
|
|
|
| I read Microsoft's OEM System Builder License and two
areas stuck out to me:
|
|
|
| 1.. 4.1 If the enclosed Software Unit consists of a
desktop operating
| system, Microsoft grants to you a nonexclusive right to
distribute each
| Software Unit, provided it is distributed accompanied with
either a fully
| assembled computer system or nonperipheral computer
hardware component (that
| will be an integral part of the computer system on which
the Software Unit
| will be installed). A fully assembled computer system
shall consist of at
| least a central processing unit, a motherboard, a hard
drive, a power
| supply, and a case.
| 2.. 15.1 You may not advertise or price any Software
Unit separately from
| its accompanying fully assembled computer system or
computer hardware.
| Except as granted in this license, you may not use, run,
distribute, copy,
| modify, display, repackage, or reassemble any Software
Units or hardware, or
| any part of them.
|
|
| A precise definition for a nonperipheral hardware
component is not provided
| in the OEM System Builder License. However, Microsoft
does define what a
| peripheral is:
|
|
|
| n. In computing, a device, such as a disk drive, printer,
modem, or
| joystick, that is connected to a computer and is
controlled by the computer'
| s microprocessor.
|
(www.microsoft.com/windowsxp/experiences/glossary_o-v.asp )
|
|
|
| Thus, according to Microsoft, in order to be classified as
a peripheral
| device two conditions must be met: (1) It needs to be
connected to the
| computer (2) It needs to be controlled by the CPU.
Therefore, a
| nonperipheral device is one that does not meet the above
conditions. A
| thumbscrew is a "hardware component" and it is an "an
integral part of the
| computer system." Additionally, a thumbscrew is, by the
above definition, a
| nonperipheral hardware component. Thus, Directron.com can
sell be an OEM
| version of Windows XP Professional along with a
thumbscrew.
|
|
|
| However, section 15.1 of the OEM System Builder License
states that "You may
| not advertise or price any Software Unit separately."
Directron.com does
| advertise the OEM version of Windows XP Professional a
part from the
| hardware components that they offer with it. You do not
discover the
| requirement to purchase a thumbscrew (or something else)
for 19 cents from
| them until you are ready to buy Windows XP. Therefore, it
appears that
| Directron.com is in violation of section 15.1 of the OEM
System Builder
| License.
|
|
|
| Is this an accurate view of Directron.com website
| (http://shop.store.yahoo.com/directron/winxppro.html)?
|
|
| Quentin
|
|