re-selling XP Home OEM packages?

[Anine]

Hi guys.
I was under the impression that the XP OEM packages' EULA
specifies that an OEM package may only be installed on a
single machine. In other words, the license is sold to a
single machine and not to a user. Thus you cannot re-
install that package on a different machine and you
cannot sell the package to a different user to be
installed on their machine? (unless you sell the original
hardware with the software)

Am I right? Is there an official reference I can site to
support this? A user on a local auction site is selling
2nd hand OEM XP packages and it sounds like that would be
illegal

thanx!
Anine

 

[Jim Macklin]

It is against the EULA to install an OEM software
(Microsoft) on more than one computer.

But you can buy OEM software that has never been installed
and then resell it. Microsoft sells two types of OEM
software...
1. OEM software which is licensed to a OEM such as Compaq,
HP, Dell and Gateway. These OEMs have the ability to
customize the software they actually install on their
computers for sale. They have technical staff and provide
support for the software they use and install/sell.
2. Microsoft sells OEM Operating System software, which is
the same as the retail full install CD except it has a
different install engine and it will not do an up-grade
install. It is intended for the small shop that assembles
computers for resale and the home-builder market.

The OEM software from HP/Compaq is only legally installed on
the computer you bought from HP/Compaq, often it cannot be
installed because the BIOS is checked by the installation
program and if it isn't the correct BIOS it will not
install. These often self-activate using the BIOS.

The small shop/ home builder Windows must be activated, just
the same as a retail OS.

If you bought hardware and OEM OS software, say, 50
packages, and only built 25 computers and decided that you
didn't enjoy the small business, there is no law or rule
that says you can't re-sell the unused OEM CDs at whatever
price you want and can get.


message | Hi guys.
| I was under the impression that the XP OEM packages' EULA
| specifies that an OEM package may only be installed on a
| single machine. In other words, the license is sold to a
| single machine and not to a user. Thus you cannot re-
| install that package on a different machine and you
| cannot sell the package to a different user to be
| installed on their machine? (unless you sell the original
| hardware with the software)
|
| Am I right? Is there an official reference I can site to

| support this? A user on a local auction site is selling
| 2nd hand OEM XP packages and it sounds like that would be
| illegal
|
| thanx!
| Anine

 

[Mike Brannigan [MSFT]]

Anine,

Yes you are correct - you may not transfer or re-sell an OEM Windows XP.
As regards the person you saw selling them - are you sure they are "second
hand" ?
They may be legitimately liquidating some of their own OEM CDs that they may
have as a system builder as the other person who answered you post
explained.

--
Regards,

Mike
--
Mike Brannigan [Microsoft]

This posting is provided "AS IS" with no warranties, and confers no
rights

Please note I cannot respond to e-mailed questions, please use these
newsgroups

 

[Guest]

Yeah, go tell yo mamma !!!!!! Who cares........lol

 

[Willit]

There are key brokers selling all kinds of software. The
street price for XP pro is only $30.00. If I buy a good
Key and I install it on my one machine then I am in
compliance, right ?? Where I buy it is my business, not MS
or anyone elses. You have no idea how many times the
software that is on your system has changed hands before
it was installed, do you.

 

[Jim Macklin]

Not necessarily. There are authorized MS resellers and
there are people commonly called pirates.

When you buy a CD is a sealed package from an authorized
retailer/wholesaler you can be very sure it has not been
installed before.

Which "street" has XP Pro for $30?



message | There are key brokers selling all kinds of software. The
| street price for XP pro is only $30.00. If I buy a good
| Key and I install it on my one machine then I am in
| compliance, right ?? Where I buy it is my business, not MS
| or anyone elses. You have no idea how many times the
| software that is on your system has changed hands before
| it was installed, do you.
|
|
|
|
| >-----Original Message-----
| >Hi guys.
| >I was under the impression that the XP OEM packages' EULA
| >specifies that an OEM package may only be installed on a
| >single machine. In other words, the license is sold to a
| >single machine and not to a user. Thus you cannot re-
| >install that package on a different machine and you
| >cannot sell the package to a different user to be
| >installed on their machine? (unless you sell the original
| >hardware with the software)
| >
| >Am I right? Is there an official reference I can site to
| >support this? A user on a local auction site is selling
| >2nd hand OEM XP packages and it sounds like that would be
| >illegal
| >
| >thanx!
| >Anine
| >.
| >

 

[Willit]

That's what you call them........lol. If you have a
legitimate key there is no way you are anyone else can say
that. Like most everything in here it's just your opinion.

" If the key works, use it ".....lol

 

[Guest]

"authorized" this a good one, by who ?? MS sells it to a
distributor, who sells it to a wholesaler, who sells it
TOO whoever has the cash.

You must be living in the MS Neverland !! Thats like my
company, they will not sell to wal-mart, they sell to
Sam's club, who sells it to wal-mart. Wakeup your living
in a dream world.

 

[Jim Macklin]

Two 2
Too also
to as in "go to"


Sam's Club buys from distressed sources, they have some
regular stock, but much of their stuff is close-out,
clearance and bankruptcy sales. Wal-Mart has a regular
stock list and they clear their shelves at Sam's.

An "authorized" dealer is one who has an agreement, sort of
a EULA for middlemen. If you buy from someone else it may
be cheaper, but MS is out of the loop and the unauthorized
dealer will have their own support and return policies.


| "authorized" this a good one, by who ?? MS sells it to a
| distributor, who sells it to a wholesaler, who sells it
| TOO whoever has the cash.
|
| You must be living in the MS Neverland !! Thats like my
| company, they will not sell to wal-mart, they sell to
| Sam's club, who sells it to wal-mart. Wakeup your living
| in a dream world.
|
|
|
|
|
|
|
|
|
| >-----Original Message-----
| >Not necessarily. There are authorized MS resellers and
| >there are people commonly called pirates.
| >
| >When you buy a CD is a sealed package from an authorized
| >retailer/wholesaler you can be very sure it has not been
| >installed before.
| >
| >Which "street" has XP Pro for $30?
| >
| >
| >
| >message | >| There are key brokers selling all kinds of software.
The
| >| street price for XP pro is only $30.00. If I buy a good
| >| Key and I install it on my one machine then I am in
| >| compliance, right ?? Where I buy it is my business, not
| MS
| >| or anyone elses. You have no idea how many times the
| >| software that is on your system has changed hands
before
| >| it was installed, do you.
| >|
| >|
| >|
| >|
| >| >-----Original Message-----
| >| >Hi guys.
| >| >I was under the impression that the XP OEM packages'
| EULA
| >| >specifies that an OEM package may only be installed on
| a
| >| >single machine. In other words, the license is sold to
| a
| >| >single machine and not to a user. Thus you cannot re-
| >| >install that package on a different machine and you
| >| >cannot sell the package to a different user to be
| >| >installed on their machine? (unless you sell the
| original
| >| >hardware with the software)
| >| >
| >| >Am I right? Is there an official reference I can site
| to
| >| >support this? A user on a local auction site is
selling
| >| >2nd hand OEM XP packages and it sounds like that would
| be
| >| >illegal
| >| >
| >| >thanx!
| >| >Anine
| >| >.
| >| >
| >
| >
| >.
| >

 

[Mike Brannigan [MSFT]]

There are key brokers selling all kinds of software. The
street price for XP pro is only $30.00. If I buy a good
Key and I install it on my one machine then I am in
compliance, right ?? Where I buy it is my business, not MS
or anyone elses. You have no idea how many times the
software that is on your system has changed hands before
it was installed, do you.

No one is selling Windows XP licenses legitimately for $30.
If you buy a "key" for $30 then you are guilty of pirating the installation
of Windows XP you use it on as you have not purchased a real Microsoft
issued license - there is more to being licensed then having a key that
"works" (at the moment) with a copy of a Windows XP CD you got from
somewhere.

--
Regards,

Mike
--
Mike Brannigan [Microsoft]

This posting is provided "AS IS" with no warranties, and confers no
rights

Please note I cannot respond to e-mailed questions, please use these
newsgroups

 

[Lorne Smith]

No one is selling Windows XP licenses legitimately for $30.
If you buy a "key" for $30 then you are guilty of pirating the installation
of Windows XP you use it on as you have not purchased a real Microsoft
issued license - there is more to being licensed then having a key that
"works" (at the moment) with a copy of a Windows XP CD you got from
somewhere.

--
Regards,

Mike
--
Mike Brannigan [Microsoft]

This posting is provided "AS IS" with no warranties, and confers no
rights

Please note I cannot respond to e-mailed questions, please use these
newsgroups

Hmm.. that last comment is kinda open ended Mike... Does that mean changes
are afoot to WPA, maybe even perhaps key verification whenever the user goes
online? Hmm... rumours will abound!!

I know, I know... you don't know, and you wouldn't be allowed to tell us if
you did Can't blame me for speculating though!!

Lorne

 

[Gary Tait]

Not necessarily. There are authorized MS resellers and
there are people commonly called pirates.

There would also be something in-between, those that happen to sell
legal MS software, but are not an authorised reseller.

Probably getting closer to piracy is selling used copies of software ,
against terms in the EULA.

 

[Alex Nichol]

I was under the impression that the XP OEM packages' EULA
specifies that an OEM package may only be installed on a
single machine. In other words, the license is sold to a
single machine and not to a user. Thus you cannot re-
install that package on a different machine and you
cannot sell the package to a different user to be
installed on their machine? (unless you sell the original
hardware with the software)

Am I right? Is there an official reference I can site to
support this? A user on a local auction site is selling
2nd hand OEM XP packages and it sounds like that would be
illegal

He might claim that they had never been installed - I would want to see
a box still in its sealed state. They must in any case be sold along
with a piece of hardware. The interpretation of the EULA is ambiguous:
MS representatives here say it is restricted to the machine on which it
is first installed. In my reading the EULA does not bear that
interpretation but refers to the machine on which the piece of hardware
concerned [currently] operates. However as that would mean that a
failure of the piece of hardware would necessitate buying a new copy of
the system, the MSoft interpretation is probably more what was intended.

 

[Guest]

You don't have a clue how the real world of distribution
works........Try that too............lol

You're wrong about Sam's, it's Uncle Bud's that gets wal-
mart over-stock.

 

[Bruce Chambers]

Greetings --

You're correct.

OEM versions must be sold with a piece of hardware (normally a
motherboard or hard drive, if not an entire PC, although Microsoft has
greatly relaxed the hardware criteria for WinXP) and are _permanently_
bound to the first PC on which they are installed. An OEM license,
once installed, is not legally transferable to another computer under
_any_ circumstances. The only legitimate way to transfer the
ownership of an OEM license is to transfer ownership of the entire PC.

There's no real need to visit any web site for documentation, as
this limitation is clearly stated in the OEM EULA. However:

End User License Agreement (EULA) FAQ's
http://www.microsoft.com/education/license/eula.asp

Bruce Chambers

--
Help us help you:



You can have peace. Or you can have freedom. Don't ever count on
having both at once. -- RAH

 

[Alex Nichol]

Hmm.. that last comment is kinda open ended Mike... Does that mean changes
are afoot to WPA, maybe even perhaps key verification whenever the user goes
online? Hmm... rumours will abound!!

I think he means a key that works at the moment, rather than that the
policy around this is as stated at the moment. And an illegitimate key
may have associated matters inhibited - the common pirate keys are
already prevented from installing SP1.

 

[Lorne Smith]

Hi Alex,

You're probably right... but rumours are more entertaining

Lorne

 

[Mike Brannigan [MSFT]]

Lorne, your understanding of my post was slightly'y more accurate then
Alex's reinterpretation.
And nope can't say any more. ;-)
But best to not start speculation or rumour.

--
Regards,

Mike
--
Mike Brannigan [Microsoft]

This posting is provided "AS IS" with no warranties, and confers no
rights

Please note I cannot respond to e-mailed questions, please use these
newsgroups

Hi Alex,

You're probably right... but rumours are more entertaining

Lorne

 

[Bruce Chambers]

Greetings --

Too late. ;-}

Bruce Chambers

--
Help us help you:



You can have peace. Or you can have freedom. Don't ever count on
having both at once. -- RAH

 

[Lorne Smith]

Lorne, your understanding of my post was slightly'y more accurate then
Alex's reinterpretation.
And nope can't say any more. ;-)
But best to not start speculation or rumour.

--
Regards,

Mike
--
Mike Brannigan [Microsoft]

This posting is provided "AS IS" with no warranties, and confers no
rights

Please note I cannot respond to e-mailed questions, please use these
newsgroups

Awww... spoilsport! C'mon... we've got ages to go before it's
released... We've got to have SOMETHING to speculate on!!

Still... glad to see i'm reading between the lines with reasonable
clarity... And yes, I know you can't tell me any more.... Nor do I expect
you to

I'm going to say 1 thing about Longhorn though... I was around my friends
house the other day when he was installing the beta from him MSDN
subscription, and I was VERY impressed with the install time.... Only 20
minutes from a blank HD! About time you guys sped that up, barely had
time to make & drink a coffee!! You can give the installer builder team a
big thumbs up there!

Lorne