[-0MEGA-];987064 said:
I was reading through Wikipedia, and came upon this for Windows XP OEM usage:
OEM licenses are to be installed by professional system manufacturers only. Under Microsoft's OEM License Agreement, they are not to be sold to end-users under any circumstance, and are to be pre-installed on a computer using the OEM Preinstallation Kit (OPK) before shipment to the customer, and must include at the very least the manufacturer's support contact information. They are therefore designed for installation only on a single computer and are not transferable, even if the original computer is no longer in use. This is not usually an issue for users who purchase new computer systems because most pre-assembled systems ship with a pre-installed operating system. There are few circumstances where Microsoft will allow the transfer of an OEM license from one non-functioning system to another, but the OEM System Builder License Agreement (SBLA), as well as the OEM End User License Agreement (EULA) do not contain any allowance for this, so it is entirely up to Microsoft's discretion, depending on the situation.
If thats correct, then I wonder how Newegg and other vendors can sell OEM versions, unless they can slip buy because customers buy parts to build PC's.
Not sure if this has been answered, but there is a lot of posts on this thread.
The reason you can get away from it because there is nothing that qualifies you as a professional systems builder. You can be a self employed on site tech guy who runs his own business and part of that can be building systems.
Yes, you are not allowed to transfer it, it is bound to that machine you install it on. However, no one tracks it and you would only get caught if someone turned you in, or MS was looking at some way to sue you, ie you were cheating them out of lots and lots of money. Otherwise, their lawyers could give a rat's ass if some single person buys an OEM copy versus a retail. They still got your money, and they have bigger fish to fry like those people that pirate thousands of copies, or the businesses that don't pay for their licenses.
When I worked for an warranty ASP we were also an official Microsoft OEM system builder, which requires some ridiculous license that your company applies for to have that ability. So, we could add on OEM copies of all software to system builds, be it Office or Windows or whatever.
If a system got returned, we were not allowed to take say Office 2k3 off the machine. We had to sell it open box with that software preinstalled and tied to it, and a lot of the time we actually ate the cost I bet, or discounted it so it was at a loss.
If the machine was never sold, like if our client changed their mind at the last minute and decided not to get it, after the install was done. We could remove it using a special tool they provided. Some uninstaller application.
We also got audited by Microsoft several times while I worked there (about 6 years). They would just drop on in sometimes and audit us, just to make sure we were up to snuff on standards. What my role in it was is that I had to go around to every single machine that the company used in their offices and stuff and pull from the registry every single license key. The sales side ran some numbers with sales and sent that to them. If everything matched they would just leave you alone. I am sure the corporate office gave them information and of course they have their own databases and methods of tracking software licenses.
I used to have this big black book (it was a binder actually) that had all the license keys typed up and stored in it. I then scanned that thing to PDF and emailed it to one of the managers and they forwarded it to MS.
The bottom line is, if you are company making a lot of money (mine was making millions a year) and you do so by selling Microsoft products, they are going to keep an eye on you. If you are an average Joe Civilian, they would care less. They would gain more money from suing a multi million dollar company than they would an average individual. Plus, I am sure if they did go after an individual that would make a bunch of people jump ship, and you would see a bunch of Linux and Mac users pop up every where.
Now, if you are an individual pirating a crap ton of copies of their products they will definitely sue you.