[X4U] Boot Camp [A]

[Simon Forster]

On 9 Aug 2006, at 16:34, Robert Ameeti wrote:

>> 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
>
> What you see as common practice does not make it legal, moral, or  
> ethical.

Oh dear, I didn't really want to get involved in this but did you  
follow the link supplied by Stroller <http://arstechnica.com/news.ars/ 
post/20041011-4276.html>? This seems to support Stroller's assertion  
with respect to OEM licenses. There's a link through to Directron.com  
which points to a product that's out of stock. However, the blurb for  
this product clearly states under what circumstances the product can  
be purchased. The same blurb can be found for "Microsoft Windows XP  
Media Center 2005 with Update Rollup 2 Operating System for OEM  
Computers Only, OEM" (snappy title huh?) a product which is currently  
available <http://www.directron.com/xpmcev2.html>.

To quote:

"*MCE 2005 Must be Purchase with Essential Hardware/New System or 3  
Pack: "
(Pop up menu with 2 options. One of which is:) "I am buying with  
other item(s) from the options below"

"*Lowest Price/Most Useful items to fulfill hardware requirements:"
(Pop up menu with 5 options. One of which is:) "Beige Generic HM3003  
Optical Mouse(+3.99)"

i.e. Directron.com force you to bundle the product with a qualifying  
bit of hardware. Further down the page Directron.com state:

"Exclusively for System Builders"
...
"What is a System Builder? A System Builder (SB) is anyone who  
assembles, reassembles or installs software on a new or used computer  
system. Microsoft OEM System Builder products are designed to make it  
easy for System Builders to acquire and distribute genuine Microsoft  
software with the systems they build and sell. By purchasing this  
product, you agree to adhere to the System Builder license from  
Microsoft.

You can purchase this product in one of three ways: (1) Purchase it  
together with a fully assembled computer system (pre-installed). (2)  
Purchase it together with a non-peripheral computer hardware  
component in any quantity. A non-peripheral hardware component is a  
component that is essential to running a computer system, such as  
memory, hard drives, optical drives, motherboard, video card,  
processor, mice, keyboards, and power supplies. You must accept and  
adhere to the System Builder license from Microsoft. (3) Unopened OEM  
System Builder packs (3-packs) can be distributed to other System  
Builders without the need to include non-peripheral hardware  
(essential hardware for operation/use of a system)."


Here in the UK I don't seem to have any problem getting an OEM  
version. One of my favourite hardware suppliers seems happy to let me  
have a copy for GBP 82.21 (ex Sales Tax) <http://www.pcupgrader.com/ 
detail.asp?id=159394> while Komplett will let me have the same  
product for GBP 94.00 (I'm guessing with sales tax. It's not clear).  
Komplett state: "The product can now be bought seperately (not  
together with hardware) if it is used in your own assembled PC"  
<http://www.komplett.co.uk/k/ki.asp?sku=313485>.

Bear in mind that OEM products have different licences and conditions  
of sale (obvious but needs reiterating). I'd expect that with an OEM  
version of Windows, technical support is supplied by your OEM or  
system builder - in this scenario, you. i.e. You get the product  
cheaper but you get no direct access to Microsoft helplines etc  
(which obviously have a cost).

As far as I can see there's nothing illegal, immoral or unethical  
about buying an OEM version of Windows - you're making a straight  
consumer choice: buy with fancy packaging and support or pay less for  
brown card boxes and naff all support. Oh. You can't return the OEM  
version either - all you can do is get defective media replaced. Buy  
the wrong product and you're screwed.

All seems quite clear to me now. Thanks guys!

Simon Forster
_______________________________________________________
  LDML Ltd, 62 Pall Mall, London, SW1Y 5HZ, UK
  Tel: +44 (0)20 8133 0528   Fax: +44 (0)70 9230 5247
_______________________________________________________