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    OEM licensing (Win XP SP2)

    Not sure if this an appropriate subject for discussion, so tell me if its not. I'm trying to understand my licence for Win XP Home. I bought this on 28 Sep 2004 - I still have the receipt - from a Microsoft authorised dealer paying

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    Re: OEM licensing (Win XP SP2)

    OEM software licences can only be used on one computer and can not be transferred to another computer even if the computer it was originally on is no longer in use or has another OS installed on it.

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    Re: OEM licensing (Win XP SP2)

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    Re: OEM licensing (Win XP SP2)

    What was happened:

    - You bought Windows XP Home license, which allow to install it on one computer, what you did.

    - You bought Vista Premier Upgrade license, which allow to upgrade one Windows computer, what you did.

    - Now on your computer you are using one full license PLUS one upgrade license - that means, you are NOT allowed to use your Windows XP license on another computer. In other words, you are still using your Windows XP license on your computer!

    If you want to upgrade your Windows ME computer, you must to acquire another upgrade or full Windows license.

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    Uranium Lounger viking33's Avatar
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    Re: OEM licensing (Win XP SP2)

    Colin,
    ------------------------------------------
    At the time, I was told that I had to buy a mouse with the copy of Windows, as for some reason (which I didn't understand), the software could not be sold on its own.
    -------------------------------------------

    What?
    Where did you get this software?
    I've NEVER heard of the pitch that you have to buy a mouse in order to buy an OS.
    Yes, you have to have a mouse to use WIndows XP properly but to insist that you must buy a mouse at the same time you buy the OS is ridiculous.
    BOB
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    Re: OEM licensing (Win XP SP2)

    Bob,

    "OEM software may be licensed under conditions requiring that it be sold with computer hardware. To avoid contravening the conditions while passing OEM software savings on to end users, some retailers will sell OEM software with a security token hardware device of small cost, such as a tiny SIMM or a cable splitter. This practice is questionable, and may open the end user to audits by publishers."

    (From Original Equipment Manufacturer)

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    Uranium Lounger viking33's Avatar
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    Re: OEM licensing (Win XP SP2)

    -------------------------------------
    This practice is questionable, and may open the end user to audits by publishers."

    ----------------------------------------

    It sure is questionable!
    BOB
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    Re: OEM licensing (Win XP SP2)

    Thanks for the feedback


    - You bought Vista Premier Upgrade license, which allow to upgrade one Windows computer, what you did

    In fact, I bought a Full licence for Vista, so I did not need to "use" my XP licence which was a full licence (OEM) My ME licence was an upgrade.


    Why the sneering comments? " .... to insist that you must buy a mouse at the same time you buy the OS is ridiculous. ..." " It sure is questionable!". Another poster has confirmed to you that it is/was a widespread practice.

    I bought a product from a MS authorised reseller in 2004. The same company is still there trading under the same name (as it has been for 9 years) and is still a Microsoft authorised reseller. In these days of fly by night companies, this is a good record.

    Although I did not understand what was the precise reasoning behind it, it was explained to me that Windows product had to be sold with "qualifying hardware". Microsoft must at the very least have gone along with this practice, otherwise why would they have issued retail product packs. If the software was only available to someone who physically built a new PC, why did they make a "Retail" OEM pack avaialable.

    Now I have always bought individual components and assembled form scratch and built many from friends and family. How else am I supposed to get a copy of Windows onto my new PC ( and no I don't want copied software).

    I also accept that MS have probably changed practice since 2004. The whole WGA movement is probably after that date, but there is no doubt in my mind that Microsoft accepted (maybe tacitly) what was being done.

    So lets cut the sneering out!

    In the past, I've always had nothing but help in this forum, but I find that attitude patronising and disappointing! I asked for help, not abuse! If you have nothing useful to add, its better to keep quiet

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    Re: OEM licensing (Win XP SP2)

    Here's an article which goes into some detail about OEM licensing - Microsoft Answers 'Vista OEM' Questions - News and Analysis by PC Magazine. Even though the title says it is for Vista it applies to XP also.

    Joe
    Joe

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    Re: OEM licensing (Win XP SP2)

    All OEM copies of software including Windows are tied to the hardware in which they are sold with. OEM copies can be used as a source for a upgrade, but, is NOT to be used on any other machine except for the original one.

    Microsoft has not made a "Retail" OEM pack available, but some OEM's have done this to sell extra copies which in turn allow them the get a better cost price for being a "Volume seller".

    Here in the NW if the USA, in Microsoft's back yard, we have had several long time OEM's lose their access to OEM supply of Windows. Some have closed down, others are having to buy through third parties the needed copies of Windows. At this time I am working with a client that had a machine built for him buy one of our best local OEM's and now he finds out that his copies is NOT passing WGA. The OEM has given him a "Retail" copy, now all we have to do is rebuild his OS or get a way to change the Key Code. OEM admitted they made an error and provided the "Boxed" retail copy.

    Now running HP Pavilion a6528p, with Win7 64 Bit OS.

  11. #11
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    Re: OEM licensing (Win XP SP2)

    I think where you are running afoul of the licensing agreement is here....
    "I've now just bought Vista Premier for my own PC, and activated it. I then wanted to transfer the XP to my daughters PC which was running ME."

    I'm assuming that you did a clean installation of Vista on your machine and now want to install the copy of XP Home that was on your machine on your daughter's ME machine as an upgrade and are being denied activation by MS.

    The reason is because your XP software is OEM, even though you bought it as a stand alone purchase (but you didn't because you purchased a mouse with it) and installed it yourself on a PC you built. You got the OEM discount when you purchased the software with the mouse and because of the discounted price you may not transfer the OS to another PC.

    From kaplinb's post....
    <font color=red>"OEM software may be licensed under conditions requiring that it be sold with computer hardware.</font color=red> To avoid contravening the conditions while passing OEM software savings on to end users, some retailers will sell OEM software with a security token hardware device of small cost, such as a tiny SIMM or a cable splitter. This practice is questionable, and may open the end user to audits by publishers."

    While this practice may be widespread, it is also questionable, as the practice of selling a mouse or other inconsequential piece of hardware with OEM software to get around the hardware requirement of OEM licensing is unquestionably not in the spirit of the law that MS intended when they wrote the licensing requirements.

    You say you "bought a product from a MS authorised reseller". MS resellers are authorized to sell "retail" versions of OEM software to other manufacturers as well as install these "retail" versions in systems that they build. If they choose to sell an OEM copy with a mouse to a walk in customer like yourself, how is MS going to know this ???

    I'm not sneering or passing judgement here. Simply making you aware that you argument is flawed and that you could be in as much trouble as the person who sold you the software if MS were to have an interest in enforcing their rights.
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    Re: OEM licensing (Win XP SP2)

    It can happen if you buy a gray market copy OEM version. The mouse is the "original equipment". Microsoft stepped pretty hard on this practice some time back, but apparently it is still around.
    Charlotte

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    Re: OEM licensing (Win XP SP2)

    First of all,
    Maybe you should direct your "response" to the right poster . The comment was made by kaplinb, not ME. I agreed with his thought that this seemed "questionable". ( and still do )

    Second,
    If I were really sneering at you, there wouldn't be any doubt as to where it was coming from. As to widespread practice, if you read further into the posts, you will see that this "practice" is not NOT widespread but also frowned upon by the industry and Microsoft.

    Third.
    >>>How else am I supposed to get a copy of Windows onto my new PC?
    BUY a registered new copy of WIndows for each PC. That's how.

    Fourth,
    Get off your high horse and accept comments in answer to your questions, if you wish. If not, don't accept them. Your choice. Despite what you may think, we ARE here to help. <img src=/S/aflame.gif border=0 alt=aflame width=16 height=16> <img src=/S/scold.gif border=0 alt=scold width=50 height=15>
    BOB
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    Today it is called golf!

  14. #14
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    Re: OEM licensing (Win XP SP2)

    Doc

    My comments about sneering were not aimed at you or kaplinb who are being helpful, but at Bob who seemed to want to add nothing useful to the thread. Everyone else has been helpful (as ever). All I'm trying to understand is how this whole messy subject works. MS do not make it easy.

    Its coming clearer but as I say I believe MS connived at least initially with the practice.

    Anyway I've just been out and bought two licences (not OEM) for Vista Premium from PC World. That should at least ensure that I have legit copies.

    Thanks

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    Re: OEM licensing (Win XP SP2)

    Everyone else has helped - In particular kaplinb who added helpful factual info.

    You added nothing useful. Now Goodnight

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