OEM version of XP

[XS11E]

I found this thread very interesting as I only buy the OEM
version of MS OS. I never read the EULA. I just checked the agree box
with yea-yea-yea attitude and did as I pleased. Now I think I'll read
it. <chuckle at myself>

You may not have it, I downloaded SP2 RC2 from the MSFT website and it
seems to have replaced my XP EULA with the 180 day EULA. I guess if I
removed SP2 I'd have the orgininal one back?

 

[Rich]

surely it's on the cd!! MS would never leave us poor ignorant customers
without the rule book.

 

[XS11E]

surely it's on the cd!! MS would never leave us poor ignorant
customers without the rule book.

Wanna know the biggest problem with the EULA? It IS on the CD (look in
the i386 folder) as it is on most software. Right at the beginning the
EULA reads:

"YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING,
COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT
INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE
FOR A FULL REFUND."

When you begin to install software this comes up early in the install
and it's typical of all the software I have installed.

See the problem? You have to begin the install to read the EULA. If
you don't agree you just cancel the install BUT......

No place I know of will allow the return of opened software.

So what do you do? If you disagree with the EULA, you shouldn't
install the software but you can't return it to your place of purchase
because they have big signs saying they won't allow the return of open
software. Can you afford to eat the cost of Windows XP? Office
Professional? Adobe Photo Shop CS? I can't.

Maybe they should print the EULA on the box?

 

[Jupiter Jones [MVP]]

If the seller will not take it back, Microsoft will within 30 days
(North America)
Details are on the box.

If it is OEM, it is up to the OEM to determine return policy.

 

[Alias]

Greetings --

Please provide a link to support this assertion.

Bruce Chambers

No link. I was told this on the phone when I called the Activation Center. I
have posted the phone numbers. If you want to verify it, sorry, but Windows
won't help you, nor will the Internet. You will have to use that product
that *does* belong to you: your phone.

Alias

 

[Alias]

Greetings --

The "Activation Department" has nothing to do with it. Let us
know when you've consulted Microsoft's Corporate Legal department.
Until then, we have only hearsay from an irrelevant source.

Bruce Chambers

The Activation Department does what? Does it activate for OEM and Retail
versions?

Think, Bruce, instead of posting your knee jerk reaction.

Alias

 

[Wade]

I am so glad I started this post. At least we are getting
people talking about it. I just wanted to say thank you
for all the post. Most of you kept the conversations
civil. In the end the situation is simple. You can save
money on the OEM version, but you may or may not have
problems upgrading later, regardless of what is written in
the EULA. If you want the entire process to be hassle
free then spend the extra money and buy the Retail
Version. I feel perfectly comfortable with my
interpretation of the EULA and if at anytime Microsoft
wants to bring that fight to my doorstep, I am willing and
ready. To paraphrase one of the earlier replies, that
fight will never come because Microsoft realizes how
ambiguous some of the EULA is. (Before anyone jumps out
me, I am only talking about the original machine aspect)
Microsoft will continue to be 100% flexible with the
retail version and fairly flexible with the full OEM
version. I will leave it up to you which way you go.

Thanks again,

Wade

 

[Alex Nichol]

I know the EULA says the OS must stay with the original
machine, but at what point does the original machine
become a new machine?

Lets say I was to upgrade one component at a time once a
week. I would be forced to reactivate after 3 or 4 of
course, which you can do by phone. (Is this considered a
new machine at this point?)

That is a point that has been left a grey area. I think it would be
reasonable to take the point at which the system, on boot, starts to
think 'this isn't Kansas any more'. (see my page
www.aumha.org/win5/a/wpa.htm). Or possibly a case could be made if it
could be shown to be the same motherboard (as applies to systems bought
with Windows installed and 'BIOS locked' rather than using the
Activation system).

If you are buying windows separately, and expect to make changes over
time in a lot of categories, I would spend the extra and get a retail
version that does not have this restriction

 

[Alex Nichol]

Not quite. The EULA means whatever Microsoft says it means, unless
and until a court rules otherwise. It is their software, and they
have every right to set whatever terms and conditions they want with
regard to the licensing and usage of their software; subject only to
the possibility that a court may subsequently determine certain
provisions to be invalid or to make specific determinations as the
meaning and application of of certain provisions.

It is though unfortunate to say the least that it is written in a way
that a logical reading cannot make consistent with the interpretation
put on it by Microsoft representatives here. Though the logic would
probably be less in the users interest. It needs a thorough review so
as to say what is meant. And I have put that to Microsoft at top level
- but am not holding my breath

 

[Wislu Plethora]

-----Original Message-----
I never said I heard anything.

"I have heard that also but have not seen a Microsoft
source.
Please post the source."

 

[Rich]

I read the eula. It is as ambiguous as a legal document can possibly get
heres a quote:
"The term "COMPUTER" as used herein shall mean the HARDWARE, if
the HARDWARE is a single computer system, or shall mean the
computer system with which the HARDWARE operates, if the
HARDWARE is a computer system component."

So, imho, MS is saying that the software is connected to either the whole
system like you would get if you bought say an HP computer, OR it is
connected to a certain component that you purchased it with like a harddrive
/winxp combo purchase from tigerdirect.

 

[XS11E]

If the seller will not take it back, Microsoft will within 30 days
(North America)
Details are on the box.

If it is OEM, it is up to the OEM to determine return policy.

Thanks, I suspected that was the case. Of course, then there's
shipping, etc. so you're still out a buck or so...

Again, wouldn't it be easier to put the EULA on the outside of the box?
People still wouldn't read it but at least they'd be able to before
purchase.

Just a thought.

 

[Plato]

I read the eula. It is as ambiguous as a legal document can possibly get

I believe that's the point.

Perhaps that's why there are so many lawyer jokes.

 

[XS11E]

I believe that's the point.

Perhaps that's why there are so many lawyer jokes.

So many? There's only one lawyer joke, the rest are true stories!

 

[Ron Martell]

I read the eula. It is as ambiguous as a legal document can possibly get
heres a quote:
"The term "COMPUTER" as used herein shall mean the HARDWARE, if
the HARDWARE is a single computer system, or shall mean the
computer system with which the HARDWARE operates, if the
HARDWARE is a computer system component."

So, imho, MS is saying that the software is connected to either the whole
system like you would get if you bought say an HP computer, OR it is
connected to a certain component that you purchased it with like a harddrive
/winxp combo purchase from tigerdirect.

No. What is says that if you purchase the OEM license with a
component and that component is used with or installed into a computer
then the license is locked to that computer - "the computer system
with which the HARDWARE operates,..."
Ron Martell Duncan B.C. Canada
--
Microsoft MVP
On-Line Help Computer Service
http://onlinehelp.bc.ca

"The reason computer chips are so small is computers don't eat much."

 

[Jupiter Jones [MVP]]

I forgot that one.
However it was referring to a similar comment someone made on a
newsgroup.
Totally unreliable in the context stated by the OP.
Without a source it is just a rumor and worth as much.
For me, rumors are worthless.

 

[Microsoft Gump XP]

"Ken Blake" <[email protected]> asked "what's the sound
of one hand clapping?", and I said it's a bit like this:

You could ask the same question about a car. You've paid to
register your car and gotten a license plate for it. How many and
which components do you have to replace before one could say it's
no longer the same car and should be registered from scratch?

Or we can take this a step deeper. Take an apple. Now take a bite out
of it... <crunch> ...is it still an apple?

- Dave - thinks it *used* to be an apple..
- Remove 123456 to email -
- Ich Bin Ein Irelander -

 

[John]

Ask yourself what happens when you buy a new car and later on replace the
tires or spray it a different colour. Let's say you also add a sun roof and
then decided to sell the car. Do you think potential buyers would say you're
selling a new car? Or if you went to a dealer and wanted to trade the car in
for another would the dealer say your car is new? The principle is the same
with anything that you upgrade - an upgraded version of something bought
previously cannot be considered new.

John

 

[Bill in Co.]

It was still an interesting (and somewhat educational) read, however. (the
post by ju.c)

 

[Alias]

You replied to a FOUR YEAR OLD POST you moron!

Which proves that WPA was a hassle four years ago just like it is now.
Your comment proves that you've got some problems you need to sort out.

Alias