[X4U] Boot Camp [A]

[Stroller]

On 9 Aug 2006, at 14:27, Jim Robertson wrote:

> On 8/8/06 11:30 PM, "Stroller" <macmonster at myrealbox.com> wrote:
>
>> But that's exactly what you're telling me (or at least Mr Ameeti is)
>> - it says on the bag "OEM" so it should only be used by OEMs. Despite
>> what it says in the very comprehensive contract that Microsoft have
>> drawn up.
>
> I know you probably covered this before, but I lost my memory...
>
> Are you saying that the actual contract for OEM copies of XP  
> contains no
> language forbidding its purchase by individuals for installation on  
> compuers
> they've built themselves or purchased separately....

Yes. That's pretty much what I'm saying, although you might like to  
double-check this for yourself, and take my advice with the proviso  
that I'm not a lawyer. These is a requirement to buy some hardware  
component with an OEM copy of Windows XP but it's very common to sell  
OEM copies with nothing more expensive than a USB cable or $5 network  
card.

 From "/Volumes/WXHOEM_EN/I386/EULA.TXT":

    ...This End-User
    License Agreement ("EULA") is a legal agreement between you
    ... and the manufacturer ("Manufacturer") of the ... computer
    system component ("HARDWARE") with which you acquired the Microsoft
    software product(s) identified above ("SOFTWARE").
    ...
    The term "COMPUTER" as used herein shall mean ... the computer
    system with which the HARDWARE operates, if the HARDWARE is a
    computer system component.

    Manufacturer grants you the following rights, provided you comply
    with all of the terms and conditions of this EULA: - Installation
    and Use. Except as otherwise expressly provided in this EULA, you
    may install, use, access, display and run only one (1) copy of the
    SOFTWARE on the COMPUTER.

I read that fairly clearly as saying "if you purchased this software  
with a USB cable, stick of RAM or network card then you can run this  
software on the computer with which you use that USB cable, stick of  
RAM or network card". If you can't find the full text of the OEM EULA  
online then let me know & I'll post it.

My point in this boot camp thread is that not only is this legal, but  
it's probably what Microsoft intended, too. They have very expensive  
lawyers who could have surely closed this "loophole" over the last 5  
years or so, had they wished. I'm suggesting that "OEM Windows" may  
just be a differential pricing structure so that those who aren't  
prepared to pay the price of the "retail" versions of Windows can buy  
it at half the price online (although this doesn't entirely consider  
the non-transference clause which appears to apply in the US).

> , and that there's no
> language that prohibits resale by the OEM to such individuals?

That's a good question. Who's the OEM in this case? Individuals can  
certainly buy this OEM software from reputable vendors such as  
NewEgg.com, but in that case NewEgg are acting as supplier not OEM, I  
think. I don't believe that NewEgg are in breach of any contract in  
selling the software to you, but I'm not sure; what I do know is that  
it's a very common practice and Microsoft haven't clamped down on it.  
NewEgg are required to ensure that you buy some item of hardware with  
the OEM copy of Windows and will enforce this, but it doesn't need to  
be an expensive hardware component.
Read <http://arstechnica.com/news.ars/post/20041011-4276.html>

Stroller.