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SquallStrife

The OEM Microsoft Software Facts.

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Apparently, "experts" are still providing bullshit advice for buying Windows. So here's the smackdown:

 

Misconception: I can buy OEM software if I buy a mouse/keyboard/power cable.

 

Fact: OEM software is designed to allow system builders to install an operating system and/or other software on a system they have built. It is not designed to be a cheap source of Windows software for end users.

 

Fact: OEM software generally comes in three-packs. They consist of a plain cardboard package, bearing the system builder agreement. These packs are to be sold from suppliers to suppliers, or from suppliers to system builders. More recently, single copies are available, which come in a white cardboard sleeve. This is essentially the same as a three pack, but obviously with only one third of the content.

 

Fact: System builders are able to sell you system-builder one- or three-packs provided that the seal has not been broken. This transfers the role of system builder from the store to you. They are also within their rights to refuse to sell you sealed system builder packages, because they're a business and can decide what to sell, and what not to sell. "You may only distribute unopened Packs within your territory."

 

Fact: System builders ARE NOT ALLOWED to individually sell you OEM software which is NOT inside the cardboard packaging. Once this packaging has been broken, the system builder is obligated to install that software on a complete system only. "For each unit of Software in the Pack, you must pre-install one copy of the Software on a Customer System prior to distribution."

 

Fact: A complete system must contain all of: a CPU, a motherboard, a power supply, an internally mounted NAND (SSD) or revolving magnetic-based hard drive, and a case.

 

This is the system builder licence, as found on the cardboard packaging of a 1- or 3-pack.

 

http://oem.microsoft.com/downloads/Public/...nse_English.pdf

 

Unlike a retail copy of Windows, OEM copies are eternally bound to the system they are installed on. The recipient of the "built" system which the OEM copy was supplied with has no rights to transfer that software, or install it on another machine.

 

HTH

 

Edit: Now with pictures!

 

Pretty pictures:

 

A "system builder 1-pack" looks like this:

 

Posted Image

 

This is what you'll find inside:

 

Posted Image

 

The former can be transferred from one system builder to another. The latter cannot, and MUST be installed on a complete system before it it sold.

Edited by SquallStrife

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Which is why ponying up for Technet can be a hell of a lot easier if you are a heavy MS user.

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Which is why ponying up for Technet can be a hell of a lot easier if you are a heavy MS user.

You're not wrong! :D

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You do realise this thread is going to be ignored and the same questions are going to be asked next week/month????? ;)

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Which is why ponying up for Technet can be a hell of a lot easier if you are a heavy MS user.

You're not wrong! :D

 

That said I think most smaller sellers are happy to let an OEM copy go with a small amount of tech, ie not a whole system.

They need to make money and the reality is MS audits these guys maybe once an eternity, so even though the terms are as above, it's not a hard thing to get someone to stretch it.

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Of course the best thing about OEM is the price point. As for buying it all you have to do is say you are a system builder, I notice at Umart you now sign a document stating you are a system builder and that the copy of windows will be supplied and installed on a system you build and then sell on.

 

As for it being locked to a system that is so, but people still get around activation by saying they had to replace their motherboard, but it is still the same computer. I think anyone who has read the OEM agreement knows how is is supposed to be implemented, but also knows it can be, shall we say, gotten around.

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The only way I could get WHS was to buy a system builder copy. I was actually able to buy it from a retailer without the purchase of any hardware. They only had one SKU of WHS initially, which was replaced by the PP1, PP2 and PP3 SKUs as they were released.

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I do have a question. What would be the reason to be subsribed to technet and what will it cost? I only seen technet bundles lying around in an internet cafe a friend on mine owned but I didnt really know what it was for. What are the pros and cons for subscribing to it and so on.

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I do have a question. What would be the reason to be subsribed to technet and what will it cost? I only seen technet bundles lying around in an internet cafe a friend on mine owned but I didnt really know what it was for. What are the pros and cons for subscribing to it and so on.

Read

http://technet.microsoft.com/en-us/bb871040.aspx

and

http://technet.microsoft.com/en-au/subscri...s/ms772427.aspx

and

http://technet.microsoft.com/en-au/subscri...s/bb892759.aspx

In particular

Microsoft Software Licensed for Evaluation Purposes

Access over 70+ full-version Microsoft software without any time or feature limits for evaluation purposes only(1). The list of Microsoft software available is based on subscription level. Whether it be an Enterprise or Desktop environment, you can make informed decisions about new technologies and deployments at your own pace and become the strategic IT advisor for your organization.

(1)Software is licensed for evaluation purposes only—not for use in production environments. TechNet Subscriptions include the most recent Microsoft software version. Visit Microsoft Software License Terms for details on your use rights for evaluation software and other components of the TechNet Subscription product.

Depending on subscription prices range from $337.00 AUD per year for the standard sub up to $1048.00 AUD per year for the professional sub.

 

http://technet.microsoft.com/en-au/subscri...s/bb892756.aspx compares the different subs and http://download.microsoft.com/download/C/7...oduct_List.xlsx

compares what you get access too (XLSX file).

 

Note that if your friend was using the technet subscriptions on his net cafe PCs then he was breaking the licence he agreed to when he signed up for technet. He should have bought either OEM, retail or perhaps volume licences for use in the net cafe.

Edited by aliali

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so technically if i was to install it on a pc and upgrade a part or two every month it would still count as the original system right

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Which is why ponying up for Technet can be a hell of a lot easier if you are a heavy MS user.

:`( Just because I'm having trouble sticking to my diet...

 

Rob.

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Im not sure what he did as this was some years ago, circa 2006. All I remember seeing is that he had this huge folder on his office desk, blue and white with black trim. I didnt take a look at what was inside, and around his desk, were other folders from microsoft. Oh, and I am pretty sure that he didnt use that for his 40 or so computers. IIRC, he bought 40 separate OEM licences or something as each machine had a licence sticker on it.

 

EDIT: After browsing aliali's links I found out that the folder I was talking about was a Microsoft Action Pack.

Edited by strifus

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Are installs done with technet subscriptions still valid after subscription expiry?

Pretty sure that the T's n C's say that you can continue to download software and use keys you claimed during the subscription after your sub expires.

 

You can't claim new software though.

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Are installs done with technet subscriptions still valid after subscription expiry?

Pretty sure that the T's n C's say that you can continue to download software and use keys you claimed during the subscription after your sub expires.

 

You can't claim new software though.

 

Unable to download nything after it expires, but getting a new sub does allow you to access all downloads on previous subs as I found out last week.

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Are installs done with technet subscriptions still valid after subscription expiry?

Pretty sure that the T's n C's say that you can continue to download software and use keys you claimed during the subscription after your sub expires.

 

You can't claim new software though.

 

Unable to download nything after it expires, but getting a new sub does allow you to access all downloads on previous subs as I found out last week.

 

Yeah, mine expired shortly after I posted that. I can still see and use my keys, but I can't download anything.

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Yea, I promptly got over how hard it was to source the install media outside of having an active subscription, so I renewed, I might download all ISOs I could ever nee while it is active and store them somewhere...

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I thought it's worth noting that MS has changed the rules regarding OEM Windows 8 licensing.

 

Microsoft now include what's called a personal use license:

 

http://www.microsoft.com/OEM/en/licensing/...bid=lkxHKYysiSP

 

No more hoops to jump through when asking for OEM Windows 8. You can buy it straight over the counter, no questions asked.

 

Should note that those that want to buy Windows 7 will still have to follow the previous rules. I would also like to point out that the definition of a system builder is really anyone that is for all purposes building their own PC. There is still nothing wrong with an end user acting as a system builder as long as they take on all the responsibilities that it entails.

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I would also like to point out that the definition of a system builder is really anyone that is for all purposes building their own PC.

For Win 8 yes but for Win 7 nope. You are only a system builder if you then sell the PC to someone, after building it and doing the Windows pre-install.

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i just bought a new system,in parts, from pc casegear. can i also buy the win7 pro oem from them to install on it?

do u only get the key or discs as well?

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Yes, gongguy. Despite what's been said in this thread, and what it published on Microsoft's website as per linkies provided, you can actually purchase and use OEM System Builder Windows on your PC. What Microsoft claims by saying that you need to purchase Retail windows is what they'd like to see happen, not what the legal status of licensing dictates.

 

When you purchase and use OEM System Builder windows you become the "licensor", not the end-user. Licensor is the person responsible for assigning the license to and end user. The end-user license in invoked at the moment the purchaser (licensor) opens the shrink-wrap seal.

 

So if you purchase and use OEM system Builder Windows for your own machine, it really (legally) only means that there's an extra step involved in the legal process. You first become the 'licensor' and then, by virtue of assigning the license to yourself, you become the 'end-user'. Microsoft's claim that you're not allowed to do it does not stand up to legal scrutiny!

 

 

 

Oh! And that bit about having to buy OEM System Builder windows with hardware? Not true. Hasn't been true since back when Windows XP was current version. Microsoft removed that condition of sale back when Vista was first released. Any retailers making such a demand/condition of sale are doing so of their own initiative, not coz it's what Microsoft makes them do :)

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ok kool,ill get back on to pc casegear and buy the oem win7 pro 64

cheers!!!

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Hi Catweazle, thank you for posting the kind of nonsense this thread was designed to prevent.

 

Despite what's been said in this thread, and what it published on Microsoft's website as per linkies provided, you can actually purchase and use OEM System Builder Windows on your PC.

"Despite" ?????

 

From the OP:

Fact: System builders are able to sell you system-builder one- or three-packs provided that the seal has not been broken. This transfers the role of system builder from the store to you.

 

And that paraphrases what's linked to in that post.

 

What Microsoft claims by saying that you need to purchase Retail windows is what they'd like to see happen, not what the legal status of licensing dictates.

They don't "claim" that you "need to", but they do suggest retail copies for end users for a variety of reasons. Primarily that retail copies come with free technical support, and are transferable if you buy a new PC.

 

When you purchase and use OEM System Builder windows you become the "licensor", not the end-user. Licensor is the person responsible for assigning the license to and end user. The end-user license in invoked at the moment the purchaser (licensor) opens the shrink-wrap seal.

 

So if you purchase and use OEM system Builder Windows for your own machine, it really (legally) only means that there's an extra step involved in the legal process. You first become the 'licensor' and then, by virtue of assigning the license to yourself, you become the 'end-user'. Microsoft's claim that you're not allowed to do it does not stand up to legal scrutiny!

Firstly, don't mangle terms. Microsoft is the licensor. Where you're said "licensor" here, the correct term in this context is "system builder".

 

Secondly, yes, you've re-iterated exactly what the OP said:

 

This transfers the role of system builder from the store to you.

 

Oh! And that bit about having to buy OEM System Builder windows with hardware? Not true. Hasn't been true since back when Windows XP was current version. Microsoft removed that condition of sale back when Vista was first released. Any retailers making such a demand/condition of sale are doing so of their own initiative, not coz it's what Microsoft makes them do :)

No, it's completely true (remembering the distinction between opened and unopened packs), and is unchanged from previous versions of Windows.

 

Gongguy here is completely entitled to go buy a system builder copy of Windows, nothing in this thread states to the contrary.

Edited by SquallStrife

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