Windows 7 OEM illegal for individuals

J

JimmiG

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Apr 3, 2008
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What do you think about this?
http://www.winsupersite.com/win7/oem.asp

Previously, you were considered a "system builder" if you assemble your own system. With Win7, you're only allowed to use an OEM license if you *sell and support* a system to someone else.

I guess that in practice, this makes no difference. If you have activation issues or something, you can just tell MS that the system is for a friend... But technically, you're not allowed to use an OEM license on the system you assembled for yourself. I guess recommending OEM versions to people on these forums would also be against the rules, since it's a breach of the EULA?
 
if I build a computer for $500, load up OPK, then I'll sell it to myself for $500. DONE

i do think that its a bad move on MS' part, but then again, how many people actually abide by the EULA? We have people using Technet in production environments, people installing OEM on multiple computers, etc etc People will continue to do as they please, and ignore the EULA.

Now it does limit what we can say about OEM on these forums, but we'll just come up with something else to call it. Just like I have 6TB of Linux ISOs on my server.
 
I totally agree with sdot:

Microsofts beef is with support, and if your a member of this forum then you're not going to want MS support anyways.
 
Here's a more detailed post:
http://blogs.zdnet.com/Bott/?p=1561&tag=col1;post-1561
According to Microsoft, they are violating the terms of the OEM System Builder license agreement, which says, in convoluted language, that you must install the software using the OEM Preinstallation Kit and then resell the PC to a third party. If you install that software on your own PC, you don’t have a “genuine” copy of Windows.
Click to expand...

It's not just about "support", you're actually violating the terms of the license if you get an OEM license for personal use... Which would be almost the same thing as piracy, which is basically also just a violation of the EULA.
 
Fine. I sold it to my wife in exchange for cooking my dinner last night.:rolleyes:

Moronic corporations.
 
Well, when my legally purchased 3 copies arrive today, I'll just rebuild my 3 machines and sell them to my business for a dollar.
 
Ehh unless for some reason the copy of Windows won't activate, I had zero desire to speak to any Microsoft representative on the phone anyway. I don't need no stinkin' support :p
 
JimmiG said:
It's not just about "support", you're actually violating the terms of the license if you get an OEM license for personal use... Which would be almost the same thing as piracy, which is basically also just a violation of the EULA.
Click to expand...

Do you really think that installing an OEM copy of win7 on one's personal hardware is equivalent to piracy? That's pretty silly, even if they both do technically break the eula.

I technically break the mozilla license for firefox when I copy a source-compiled binary over the network to another computer. Does this mean I'm committing piracy of some sort?
 
As long as I can go to newegg and 'add to basket' OEM software, I'm going to continue to do so. If Microsoft really didn't want invididuals to have access to it they would require resellers to create system builder/support accounts to buy special software.
 
Firepac said:
I have never ever used microsoft support in my life.
Click to expand...

Me, either... But I don't want to violate like the TechNet EULA because I'm afraid if I *do* and there's some crazy Windows Server problem, they'd first want to verify the license isn't a TechNet license.
 
i wonder how many people in here who are going "meh, who cares, i'll just get around it" to the EULA for Windows 7 OEM are also posting "it's in the EULA, get over it you dirty hacker" to those who are trying to reasonably argue the recent Xbox Live bannings..... ;)

hrm hrm...???

what would be even more interesting is if MS neutered your "illegal" OEM copy of Win 7 by way of the Xbox 360 that you havent molested but is on the same network, because if you read the EULA for the Xbox Live service it says they can do what they want to PC's and other devices on the network on which the 360 is on

wonder how many people would be defending the EULA blindly then? :)

in particular
Microsoft reserves complete and sole discretion with respect to the operation of the Service. Microsoft may, among other things: (a) restrict or limit access to the Service; (b) retrieve information from the original Xbox, Xbox 360 console, personal computer, and any connected peripheral device used to log onto the Service as necessary to operate and protect the security of the Service, and to enforce this contract; and (c) upgrade, modify, withdraw, suspend, or discontinue any functionality or feature of the Service, any game or other content available or accessible through the Service, or any hardware or software associated with the Service or with an original Xbox or Xbox 360 console, or personal computer, from time to time without notice, which may involve the automatic download of related software directly to your original Xbox, Xbox 360 console, or personal computer, including software that prevents you from accessing the Service, playing pirated games, or using unauthorized hardware peripheral devices.
Click to expand...

i know thats a somewhat loose interpretation but i can also see it being upheld
 
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Personally this doesn't effect me in the slightest. And by judging by all the people that had Windows7 RTM, it doesn't really effect most members on the [H], mainly because of Technet.

Then again I'd say a majority of people are abusing the Technet EULA, although, after speaking to my attorney, I'm not really in violation, because although the software is being used on my everyday machines, I'm in a professional role as support, so using the software everyday is me testing. =D
 
its all in the interpretation, each person can justify it to themselves if they want to, i personally dont see violating the Win 7 EULA any different than violating the Live EULA, it just kind of makes the "im playing legitimately owned backups" argument completely valid if one is willing to go down the road of saying "i built and supported the pc i installed Win 7 OEM onto and sold it to my "insert whatever entity here" for $1 or however you choose to manipulate it

sorry if this seems off topic, but im just speaking about interpretation of EULA's and doing a comparison and it is interesting to see how one EULA seems to be more relevant than another to people who might only use a PC vs. those that use both PC's and consoles
 
Typical legal mumbo jumbo. This sort of stuff is more so they can fall back on it in the future if they need to...like most legal TOS and such are. People on the net tend to read too far into them.

Yes, MS would prefer you to buy the retail version if you are a hobbiest/enthusiast/etc. that is building a computer for yourself (that is the whole point of the retail version FYI)..but it has ALWAYS been that way. Just now that OEM copies are easy to get on the open market the enthusiasts have been using them as they are so much cheaper.

In the past the OEM copies were much more controlled in the channel and thus enthusiasts were forced to shell out for the retail version. Not to mention the OEM copies on the market are still expensive compared to bulk corporate OEM bundles and larger system builder contracts FYI.
 
Eva_Unit_0 said:
Do you really think that installing an OEM copy of win7 on one's personal hardware is equivalent to piracy? That's pretty silly, even if they both do technically break the eula.

I technically break the mozilla license for firefox when I copy a source-compiled binary over the network to another computer. Does this mean I'm committing piracy of some sort?
Click to expand...

Well, piracy is a more severe "crime", but both are a breach of the EULA... Encouraging people to breach the EULA by using the OEM version on their own PC doesn't seem any more right than telling people to "just download it". In one case, you pay nothing, in the other, you pay less than you're supposed to.

Not saying I agree with this, but it seems a bit odd that one type of violation of terms and conditions should be strongly discouraged on these forums while another is not only accepted, but encouraged.
 
Firepac said:
I have never ever used microsoft support in my life.
Click to expand...

I used it once when I had issues with Netflix when they went to Silverlight.
I had playback issues (picture quality and image tearing) and Netflix said it may be a Silverlight issue so I called MS had them take control of my Vista HTPC and diagnose it and after about an hour, it turned out to be a problem on Netflixs' end with the encodes or something.
Netflix plays fine now with Windows 7.
 
JimmiG said:
Here's a more detailed post:
http://blogs.zdnet.com/Bott/?p=1561&tag=col1;post-1561


It's not just about "support", you're actually violating the terms of the license if you get an OEM license for personal use... Which would be almost the same thing as piracy, which is basically also just a violation of the EULA.
Click to expand...

It isnt the same thing, cause piracy, you don't pay for your copy, in this case buying an OEM is buying an OEM, why should MS care, they are getting money either way, but now they are being greedy and want everyone to cough up full price.

MS solution for this is easy, don't re-activate OEM copies, period.
 
big difference;
piracy is illegal, against the law.

a EULA isn't technically a legally-binding contract. So by breaking the EULA, you're not exactly breaking the law, per-se.

and where in the 10 commandments does it say "Thou shalt not break thy EULA"? :D :p
 
Correct me if I am wrong, but were does it say you can't use it for your own computer that you built?
 
j-sta said:
big difference;
piracy is illegal, against the law.

a EULA isn't technically a legally-binding contract. So by breaking the EULA, you're not exactly breaking the law, per-se.

and where in the 10 commandments does it say "Thou shalt not break thy EULA"? :D :p
Click to expand...

Well, actually, Jesus encouraged piracy. Sure, there were no mp3's or torrents back then, but that fish and bread piracy must have hurt the local fishing industry and bakeries :D
 
TechieSooner said:
And what about folks that need to re-install for whatever reason...
Click to expand...

OEM reinstall on the same hardware, replace it with the same hardware, a reinstall on the same hardware is allowed with OEM versions, you can not activate it on hardware that has changed and triggered an activation.


If you got the same hardware and reinstall, it should activate fine over the net.
 
Rahburt-33 said:
Well then, I suppose it isn't illegal if it doesn't say so?
Click to expand...

Usually EULA's say the document only gives you these rights, any rights not listed are prohibited, something like that. I didn't see a line like that in Microsoft's.

Honestly they aren't going to scare if you install it on your machine... It's still money in their pocket. They'll be going after people in huge corporate environments that want to roll it out in a retail environment or something.
 
MrGuvernment said:
you can not activate it on hardware that has changed and triggered an activation.
Click to expand...

Sorry but, that's not how it works. MS's official policy is an OEM OS is tied to the very first MB it is installed on, New MB = new computer. All hardware except the MB can be changed freely, the worst that will happen is a reactivation.
 
TechieSooner said:
Usually EULA's say the document only gives you these rights, any rights not listed are prohibited, something like that. I didn't see a line like that in Microsoft's.

Honestly they aren't going to scare if you install it on your machine... It's still money in their pocket. They'll be going after people in huge corporate environments that want to roll it out in a retail environment or something.
Click to expand...

Exactly, that's why it isn't that big of a problem.
 
1. Build rig
2. Install Win 7 OEM
3. Sell rig to your cat
4. Borrow rig from cat to provide "support"
5. Profit
 
What if your cat shows buyer's remorse over a misunderstanding about the included "mouse"?
 
JimmiG said:
Well, actually, Jesus encouraged piracy. Sure, there were no mp3's or torrents back then, but that fish and bread piracy must have hurt the local fishing industry and bakeries :D
Click to expand...


Yea, Jesus was a rebel and is why he was crucified. I expect he will become a torrent pirate if he ever returns as expected.
 
Cajunheat said:
Sorry but, that's not how it works. MS's official policy is an OEM OS is tied to the very first MB it is installed on, New MB = new computer. All hardware except the MB can be changed freely, the worst that will happen is a reactivation.
Click to expand...

If the MB fails it can be replaced. Microsoft's site states:

If the motherboard is replaced because it is defective, you do not need to acquire a new operating system license for the PC. The replacement motherboard must be the same make/model or the same manufacturer’s replacement/equivalent, as defined by that manufacturer’s warranty.
Click to expand...

If I am the manufacture the terms of the warranty can state that the replacement is anything. Furthermore I can create a defect in the board by leaving it in my swimming pool for a few hours, or even just ripping out a capacitor. Heck, couldn't "defect" be a dead BIOS battery or a spray paint stain?

What about out of warranty? The warranty doesn't define anything after it has expired. What about 3rd party (Best Buy) etc warranties? Those are not governed by the manufacturer's warranty.
 
With the many ways of installing win 7 from OEM, upgrade and retail
MS has caused mass confusion for the typical person.

Me, I'm not going to worry about it much, I'm going to do a clean install
of win 7 Home Premium Upgrade - Retail.

Technically, EVERY user of any windows OS has a legal right to
upgrade.

To me that makes it open ended.
 
msny said:
With the many ways of installing win 7 from OEM, upgrade and retail
MS has caused mass confusion for the typical person.
Click to expand...
The "typical person" will have two options. A full blown license, or an upgrade license.

How is that confusing? Heck, Apple does the same thing.
 
TechieSooner said:
The "typical person" will have two options. A full blown license, or an upgrade license.

How is that confusing? Heck, Apple does the same thing.
Click to expand...

You forgot the third option, that is confusing to most people, a fresh
install using an upgrade, aKa as a migration.
 
msny said:
You forgot the third option, that is confusing to most people, a fresh
install using an upgrade, aKa as a migration.
Click to expand...

Completely pointless since Vista came out. The only advantage that gives you is being able to wipe out the apps you don't use and save some disk space. That's it.
 
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