| If you are not licenced with Microsoft as an OEM you cannot legally
| buy OEM software from Microsoft or through distribution (the only way
| to legally buy OEM software) Any OEM selling the software separately
| (without a computer) is technically breaking his licence agreement
| with Microsoft.
|
This is an interesting issue. And confusing. At the following link
an MS spokewoman is quoted saying that using OEM is
fine, as long as you provide the support (Vista):
http://www.pcmag.com/article2/0,2817,2087792,00.asp
At this link Microsoft has apparently changed their tune
for Win7:
http://www.zdnet.com/blog/bott/is-it...microsoft/1561
Interestingly, neither Ed bott's link to the actual system
builder license, nor Microsoft's own links on their own site,
are working. I get server error 500 on all of them. I tried
3 different links at MS. This was one of them:
http://www.microsoft.com/OEM/en/lice..._licenses.aspx
Despite refusing to show me a copy of the license, they
do say in a FAQ for Win8 that OEM is not for personal use:
http://www.microsoft.com/OEM/en/lice..._faq.aspx#faq2
Meanwhile, there's this about Win8 from Mary Jo Foley:
"But the new Windows 8 system-builder license includes a personal-use
license that stipulates a DIYer/hobbyist can buy the System Builder
software, install it on one's own PC or virtual machine and keep the right
to transfer that license to another PC that the individual owns."
http://www.zdnet.com/windows-8-prici...-7-7000004361/
And at this official Windows blog it clearly states that DIY builders can
buy OEM Win8:
http://blogs.windows.com/windows/b/b...8-pricing.aspx
"If you are building your own PC from scratch... - you will want to purchase
the Windows 8 edition or Windows 8 Pro edition OEM product known as "System
Builder". You can find these products online at local retailers."
Both the OEM and "full retail box", though priced differently,
are selling for the same price at buycheapsoftware.com.
($93 and $96 respectively.)
What does all that mean? I think there are two issues.
One is that their licensing schemes are dubious to begin
with and MS probably doesn't want to shed much light on them.
They claim OEM Windows is licensed to a piece of plastic,
yet they also claim it's intellectual property. My motherboard
never agreed to any license. Then they define OEM licensing,
yet claim that DIY builders can't use that license. Why not,
if we act as OEMs and take responsibility for support? When
I bought full version Win98 the license said I could transfer
my license to another person, but that only one transfer is
allowed. Yet that illegally defies the first sale doctrine. (They
could say I agreed to the license in buying and using the
software, but then why can't a book publisher put such a
license inside their book?)
The other issue is that MS wants to sell Windows and wants
all PCs to run Windows. It's not in their interest to stop DIY
builders. Also, OEM companies like Dell like to sell their
overstock when a Windows version goes out, which is only
fair, since they help Microsoft by buying millions of licenses
upfront so that MS can claim that Vista or Win8 has "already
sold xx million copies". Contrasted with the OEMs are the
small business system builders who don't want OEM Windows
to be available or legal. (The same trick plumbers and electricians
use: If you can't legally do it yourself then the people who
can do it can charge a bundle.)
So I'm guessing that Microsoft is deliberately obfuscating
the whole issue, so that they can appear to support all
of the different parties involved. They may be giving a break
to online retailers in order to get the full version pricing in
line with OEM version pricing. In that case it would make sense
to just buy the full version. Otherwise, assuming I ever find
a reason to touch Win8+ with a proverbial 10-foot-pole, I
wouldn't see any reason not to get the OEM version.
I suppose that maybe one could also just sign up to
become an official system builder, but of course I can't find
anyplace that Microsoft will tell me what that entails, either.
