Re: x86 Macs

Donald L McDaniel wrote:
-hh wrote:
... If OEM requires a prior licence, then
it is conditional, which means that for all practical purposes it is an
"upgrade" (including a 'competitive upgrade') licence.

Well, Microsoft itself does NOT consider OEM copies to be "upgrades".

Can you provide the relevant citation on Microsoft's website, please?
I have found essentially no references to this OEM versions, which is
why I'm inclined to believe that they're a 3rd party variant off of
Microsoft's Volume licences.


Second, if this wonderous OEM version is indeed intended to be
available directly to the general public, then it should be as easy to
find on Microsoft's website as the full Retail version and the
traditional Upgrade version...and also in single units (not Volume
Licencing)....

Secondly, Microsoft itself produces generic XP install disks under its own
label, with an "OEM" License, and mass-distributes them around the world.
But I can understand why they DON'T advertise them on their web site: More
people would PURCHASE them simply because they are at least $150 cheaper
than a Retail license.

But they must at least document the EULA, etc on their website, so
where is it? Not the generic XP EULA, but the clearly identified "OEM
version", just as the Volume licences have its own section, etc.


Any one who builds his own computers can easily obtain one of these OEM cds,
since they are available everywhere in the US, and all over the Internet.

*Except* directly from Microsoft, who seems to not recognize their
existence.


Anyone who purchases one of these OEM cds (from a legitimate source) has a
FULL, LEGAL License to XP.

Wrong, because as you already stated, the OEM requires the presence of
a prior licence, just like an Upgrade.

Again, Microsoft itself does NOT call an "OEM" license an "upgrade"...

It does not appear so, but please cite the source: the webpages where
Microsoft says anything about OEM licences.


Personally, I believe that the difference between an "upgrade" license and an
"oem" license is more one of semantics than an actual difference, and may not
actually exist in practice. Both an "OEM" CD and an "Upgrade" CD require
proof of a previous version of Windows to install, and either may be used to
do a "clean" install of XP, just as a "Retail" version will do.

It appears to me that the only differences between the three is legalistic
mumbo-jumbo and price, for all practical purposes.

Agreed. My point is merely that the logical reason why the OEM is less
expensive than a standard 'full retail box' is because it relies on
having a prior licence, just like an upgrade.


While many DIY
home-builders probably do take the same old licence and use it over and
over again without ever getting caught,

Not quite: It is NOT a violaton of your EULA to reinstall the same license
on the same machine as many times as you wish, nor is it a violation of the
OEM EULA to change the hardware of that one machine for working, different,
or better hardware.

That's not what I meant and you know it.

The only violation would come if one tried to activate a single license on
more than one machine.

This is precisely what I was talking about...and only this.

Its probably not an exaggeration for me to say that *EVERY* person I
know who has bought a Windows licence (any type) for home use has
proceeded to take that **1** licence and installed it on every PC that
they own.

I guarantee you, Microsoft would IMMEDIATELY know if a casual copier did this.

Its hard to descriminate from the noise, and even if they did filter it
properly, merely "knowing" doesn't require taking immediate legal
action about it. A lawyer friend of mine used to work for
Microsoft...their concerns about piracy are mostly focused on big
overseas operations and not the "little" home user within the USA who
spent $150 but then spread it amongst 2-3 PC's.

FWIW, if Microsoft is actively going after the "little home user" who
makes 2-3 inappropriate installs from 1 licence, then you should be
able to find a dozen or more newspaper articles on Google within the
past 18 months that document that they're taking such action. Have at
it.


-hh

.

Relevant Pages

  • Re: OEM Software - Microsofts official take on it
    ... motherboard - the old one had failed. ... Got through to Microsoft, ... the line - who was adamant the licence had died with the motherboard's ... It's certainly the reason I stopped trading in OEM software. ...
    (uk.adverts.computer)
  • RE: Upgrade causing problem
    ... Upgrade (including full licence of Access) was installed? ... suspect the Microsoft JET Database Engine service pack. ... to visit Windows Update at to install ...
    (microsoft.public.access.setupconfig)
  • Re: OT - Price drop on Vista
    ... Retail - Full copy that you can transfer from machine to machine ... except that you must own a valid XP licence already * ... this XP licence cannot be used on another machine - the upgrade 'consumes' the XP licence and allows Vista to install. ... you can upgrade and OEM XP licence using a Vista Upgrade disk. ...
    (comp.sys.ibm.pc.games.action)
  • Re: windows xp full version
    ... I can go down here to the local puter shop and buy a wrapped copy of OEM ... Generic OEM being sold without an item of *NON* peripheral hardware ... Volume/Open licence - it is illegal to sell these as they do not come ... unless it is supplied with an item of *NON* peripheral hardware - IT IS NOT ...
    (microsoft.public.windowsxp.general)
  • Re: OEM Licence and PC upgrade?
    ... > I have an OEM XP Home licence on a PC, which I plan to upgrade. ... > thinking of doing a clean install following the upgrade. ...
    (microsoft.public.windowsxp.general)