OEM versions are sold with hardware, you are not supposed to be able to purchase them on their own, could be a just a disk drive, but some computer hardware must accompany the software.
Wrong.
You have not been able to legitimately use OEM Windows workstation software unless bought with a fully assembled computer system since September 2005.
Other responses are also wrong, if people are just going to guess at what OEM means or how it can be legitimately used, then why bother.
Just because a vendor sells you OEM software without a computer, and it activates, doesn't mean it's legit. If that's the situation that someone finds themselves in, and they aren't found out, and it doesn't bother them, then they appear to have no issue, despite using the software contrary to the licensing agreement.
Yes MS turn a blind eye to it because it's revenue for them, and this causes some confusion about the legitimacy of usage, because it gives rise to the kind of posts seen from some responders in this thread.
You have not been able to legitimately use OEM Windows workstation software unless bought with a fully assembled computer system since September 2005.
With Windows 8 MS officially allow the use of OEM licenses for personal use, on either a home-built PC or in a virtual machine via the Personal Use License of OEM System Builder.
Before Windows 8 it's not officially allowed by MS but, certainly in Europe, it's a huge legal grey area as to whether or not MS actually have the power to impose that condition.
With Windows 8 MS officially allow the use of OEM licenses for personal use, on either a home-built PC or in a virtual machine via the Personal Use License of OEM System Builder.
Interesting as you can migrate it to any machine you own although I cant find any retailers selling the 'personal use license' product so am unsure of the cost.
Q. Can I use the Personal Use License for Windows 7 software?
A. No. The Personal Use License is for Windows 8 and Windows 8 Pro software only. If you are building a PC for your personal use with Windows 7 software, you still need to purchase the full packaged retail version.
Hence you can't even buy OEM Win XP, Vista or 7 and use it legitimately on a PC you are building. It is only legit when supplied with a fully assembled PC.
Q. Can I use the Personal Use License for Windows 7 software?
A. No. The Personal Use License is for Windows 8 and Windows 8 Pro software only. If you are building a PC for your personal use with Windows 7 software, you still need to purchase the full packaged retail version.
Hence you can't even buy OEM Win XP, Vista or 7 and use it legitimately on a PC you are building. It is only legit when supplied with a fully assembled PC.
As I alluded to previously though, what Microsoft say and what they actually have legal standing to enforce are not necessarily one and the same.
The ruling last July by the Court of Justice of the European Union that software authors cannot prevent or limit onward re-sale of legitimately obtained copies of software and must extend any usage license to the new owner in such a situation renders Microsoft powerless to prevent OEM system builders from re-selling licenses to the public in Europe, and forces them to accept the use of OEM licenses in such situations.
Whether or not Microsoft internally considers such an installation to be 'legitimate' is a somewhat moot point when they are legally required to accept it.
Q. Can I use the Personal Use License for Windows 7 software?
A. No. The Personal Use License is for Windows 8 and Windows 8 Pro software only. If you are building a PC for your personal use with Windows 7 software, you still need to purchase the full packaged retail version.
Hence you can't even buy OEM Win XP, Vista or 7 and use it legitimately on a PC you are building. It is only legit when supplied with a fully assembled PC.
That only states that the Personal Use License exists for Windows 8 only.
And the definition of "System Builder" in the license is so broad, all you have to do is install Windows and give the PC to someone, anyone, anything. Then take it back if you want. It doesn't even specify how the PC is obtained or built (it actually includes refurbished PCs).
Not only does that FAQ contradict the statement in post 26, it only appeared after Windows 8 was released. I would suggest that it's simply a scaremongering tactic to get people on 8 instead of 7.
The ruling last July by the Court of Justice of the European Union that software authors cannot prevent or limit onward re-sale of legitimately obtained copies of software....
... again, just because a vendor sells you OEM software without a computer, doesn't mean it's been obtained 'legitimately'.
The courts and MS can argue about it, I just put forward the licensing legitimacies as was originally intended by MS. I offer no advice on each person's usage, nor do I ever call it right or wrong.
Those who want to skirt around things by 'selling it to their dog' or 'giving it to someone who gives it back to you' may do that if it makes them feel better ......
... again, just because a vendor sells you OEM software without a computer, doesn't mean it's been obtained 'legitimately'.
The courts and MS can argue about it
On the contrary, if the laws of the land permit such use, how is it illegitimate? Despite what Microsoft may think they are not above EU law.
The point I was making, perhaps too subtly, is that there is no argument. The highest court in Europe has stated its interpretation of the relevant laws on this matter. There is no higher court to appeal to, or 'argue with'.
Microsoft can disagree with that interpretation all they like, but there is absolutely nothing they can do about it.
A replacement PC was received yesterday and although it was the same brand with the same model number it was fitted with a different make of motherboard.
I installed W7 using the same OEM disc and after entering the product key was informed it was invalid and instructed to phone the 0800 number given.
I did this and using the automated service entered the series of eight six digit installation numbers that appeared on the screen.
I was then given another series of eight six digit numbers to enter.
This I did and, with some trepidation, waited preparing myself to speak to an activation operator - but success "Activation was successful"
Comments
Wrong.
You have not been able to legitimately use OEM Windows workstation software unless bought with a fully assembled computer system since September 2005.
Other responses are also wrong, if people are just going to guess at what OEM means or how it can be legitimately used, then why bother.
Just because a vendor sells you OEM software without a computer, and it activates, doesn't mean it's legit. If that's the situation that someone finds themselves in, and they aren't found out, and it doesn't bother them, then they appear to have no issue, despite using the software contrary to the licensing agreement.
Yes MS turn a blind eye to it because it's revenue for them, and this causes some confusion about the legitimacy of usage, because it gives rise to the kind of posts seen from some responders in this thread.
With Windows 8 MS officially allow the use of OEM licenses for personal use, on either a home-built PC or in a virtual machine via the Personal Use License of OEM System Builder.
Before Windows 8 it's not officially allowed by MS but, certainly in Europe, it's a huge legal grey area as to whether or not MS actually have the power to impose that condition.
Interesting, if true. Link, please.
Here you go...
http://www.microsoft.com/oem/en/licensing/sblicensing/Pages/personal-use-license.aspx#fbid=ljBgMkQ51DI
Interesting as you can migrate it to any machine you own although I cant find any retailers selling the 'personal use license' product so am unsure of the cost.
Thanks.
The FAQ also reinforces my earlier post:
Q. Can I use the Personal Use License for Windows 7 software?
A. No. The Personal Use License is for Windows 8 and Windows 8 Pro software only. If you are building a PC for your personal use with Windows 7 software, you still need to purchase the full packaged retail version.
Hence you can't even buy OEM Win XP, Vista or 7 and use it legitimately on a PC you are building. It is only legit when supplied with a fully assembled PC.
As I alluded to previously though, what Microsoft say and what they actually have legal standing to enforce are not necessarily one and the same.
The ruling last July by the Court of Justice of the European Union that software authors cannot prevent or limit onward re-sale of legitimately obtained copies of software and must extend any usage license to the new owner in such a situation renders Microsoft powerless to prevent OEM system builders from re-selling licenses to the public in Europe, and forces them to accept the use of OEM licenses in such situations.
Whether or not Microsoft internally considers such an installation to be 'legitimate' is a somewhat moot point when they are legally required to accept it.
That only states that the Personal Use License exists for Windows 8 only.
For other Windows, you use the OEM System Builder license (at http://oem.microsoft.com/public/sblicense/sb_licenses/oem_system_builder_license_english.pdf), which does not explicitly prohibit system builders using it for personal use, but only warns against non-system builders using it for personal use.
And the definition of "System Builder" in the license is so broad, all you have to do is install Windows and give the PC to someone, anyone, anything. Then take it back if you want. It doesn't even specify how the PC is obtained or built (it actually includes refurbished PCs).
Not only does that FAQ contradict the statement in post 26, it only appeared after Windows 8 was released. I would suggest that it's simply a scaremongering tactic to get people on 8 instead of 7.
... again, just because a vendor sells you OEM software without a computer, doesn't mean it's been obtained 'legitimately'.
The courts and MS can argue about it, I just put forward the licensing legitimacies as was originally intended by MS. I offer no advice on each person's usage, nor do I ever call it right or wrong.
Those who want to skirt around things by 'selling it to their dog' or 'giving it to someone who gives it back to you' may do that if it makes them feel better ......
On the contrary, if the laws of the land permit such use, how is it illegitimate? Despite what Microsoft may think they are not above EU law.
The point I was making, perhaps too subtly, is that there is no argument. The highest court in Europe has stated its interpretation of the relevant laws on this matter. There is no higher court to appeal to, or 'argue with'.
Microsoft can disagree with that interpretation all they like, but there is absolutely nothing they can do about it.
Wow, thats interesting. Cheers.
I installed W7 using the same OEM disc and after entering the product key was informed it was invalid and instructed to phone the 0800 number given.
I did this and using the automated service entered the series of eight six digit installation numbers that appeared on the screen.
I was then given another series of eight six digit numbers to enter.
This I did and, with some trepidation, waited preparing myself to speak to an activation operator - but success "Activation was successful"