Re: Is Windows VISTA -->OEM<-- ONLY for manufacturers?
On Sun, 25 May 2008 12:33:38 -0400, norm <noone@nowhere.net> wrote:
>Donald L McDaniel wrote:
>> On Tue, 20 May 2008 16:19:01 -0400, "C.B."
>> <notreallyc.b.mullen@windowslive.com> wrote:
>>
>>>
>>> "Nijmegen" <Nijmegen@discussions.microsoft.com> wrote in message
>>> news:3EF75FBD-1F93-46B3-9272-308CF6419B00@microsoft.com...
>>>> ...or is it also for users, who don't run a comapny?
>>>>
>>>> I have bought a Windows VISTA DVD and when I received it, it had "OEM
>>>> System
>>>> Builder Pack" written on it.
>>>>
>>>> It also says: "EXCLUSIVELY for system builders."
>>>>
>>>> And after some research on the Wikipedia I see that COMPANIES that sell
>>>> PCs
>>>> normally buy OEM licenced software.
>>>>
>>>> I gues users should buy a "retail" version. (NOT OEM versions)
>>>>
>>>> Am I right?
>>>>
>>>> Or is it OK to install it?
>>>>
>>>> Because Wikipedia says the requirements are:"The requirements include:
>>>> automated methods of installation of the product; customization of the
>>>> installation to identify the OEM; first level technical support of the
>>>> product..etc."
>>>> (http://en.wikipedia.org/wiki/Original_equipment_manufacturer)
>>>>
>>>> I want to install it because there's NO 64-bit Vista Ultimate in my
>>>> language...excepting this OEM version. But I don't know what the
>>>> consequences
>>>> might be...(I mean, I can't add info about customer support, my company's
>>>> name, etc....Because I'm just a user, not a manufacturer!)
>>> Nijmegen,
>>> I'm not an attorney, MVP or Microsoft employee and as such I am not
>>> familiar with the legalese of System Builder OEM licenses.
>>> I do know that OEM licenses are for sale on many websites as a
>>> standalone product but I don't know if the versions being sold are "System
>>> Builder" copies. It's my understanding that "System Builder" OEM licenses
>>> are to be sold as part of and already installed on a machine when offered
>>> for sale. Of course, I could be wrong.
Anyone may purchase one of these, as long as the requirements of the
System Builder License are abided by. AFIK, there is no requirement to
purchase an entire System to be able to use this license.
>>> When you purchase a computer with a Microsoft Windows OS preinstalled
>>> you are receiving an OEM copy of Windows, which is much cheaper than the
>>> retail edition and as such can only be used on the computer it came
>>> preinstalled on. It cannot be transferred to another machine regardless of
>>> the reason. It is tied to the motherboard of the machine it came with.
This is just not so (that it is tied to the motherboard). Read an XP
OEM EULA, for instance. In fact, it is tied to the ENTIRE machine,
not just the motherboard, and one of the conditions which must be met
when transferring such a license are that the original machine must
also be transferred along with the license. IF it were tied JUST TO
THE MOTHERBOARD, only the motherboard would be required to be
transferred.
>>> However, you can replace many hardware components of the original machine
>>> and reactivate the license, provided Microsoft decides
Actually, it is not "Microsoft" which usually makes this decision to
reactiveate such licenses. Individual Activation techs make this
decision. Whether they follow Microsoft's directions in doing it, I
do not know. All I know is that as far as reactivating an OEM license
is concerned, they are the same as "god".
>>> that you haven't replaced so many hardware components that you in
>>> effect have created a "new" computer. The decision is made by Microsoft.
Again, I disagree. While this is "technically" true, in practice,
such decisions are made by people in a call-center somewhere.
>>> My advice is to purchase a retail license if you decide to do an
>>> upgrade as a retail license can be used on any computer you desire so long
>>> as it is used on only one machine at a time. There is no time limit on the
>>> license.
Actually, there is no time limit on ANY Microsoft license, whether OEM
or Retail.
>>> When you purchase a retail Windows OS the support for the product
>>> is provided by Microsoft, but only for a short period.
Actually, Microsoft provides support for one of its OSes till their
"End of Life". Some support is not freely givern, however.
>>>When you purchase a
>>> computer with an OEM edition of Windows preinstalled the support for the OS
>>> is provided by the computer vendor and in most cases is for the length of
>>> your warranty period on the computer. If you purchase a computer with the
>>> OEM Windows OS preinstalled, and then decide to do a retail upgrade
>>> (purchased from another company) during the warranty period, you may or may
>>> not void the computer warranty. At the very least, you will not receive any
>>> support from the computer vendor for the upgraded OS. If you purchase and
>>> install a retail Windows OS upgrade from the computer vendor during the
>>> warranty period you may or may not void the warranty and/or receive support
>>>from them for the upgraded OS. You would have to contact the computer vendor
>>> prior to purchasing the retail upgrade to determine your rights. The same
Since all "Retail Upgrade" editions of Windows are FULLY SUPPORTED BY
MICROSOFT, NOT the OEM, the OEM never enters the picture.
>>> applies for an OEM upgrade
Again, there is no such thing as an "OEM UPGRADE".
>>> purchased from the computer vendor to be used on
>>> the vendor's computer that was sold to you. If your computer is still under
>>> warranty, always check with the vendor prior to purchasing another OS to be
>>> used on the computer.
Why? All installing a non-OEM version of Windows on an OEM computer
does is (maybe) cause the warranty for the OS support to lapse during
the time the non-OEM copy of Windows is installed on that particular
machine.
>>> You did not state whether this OEM "System Builder" OS is to be used on
>>> an existing machine that already has a Windows OS installed on it or if it
>>> is to be used on a new computer you purchased that currently has no OS
>>> installed on it or if you built a new computer yourself and wish to install
>>> its first OS.
I might also add, if one is just the INSTALLER of such a license, he
would be well within his rights to purchase such a license.
Anyway, this is completely irrelevant to the license or its validity.
Any such license would be DIFFERENT than the one already on the
Computer. There is absolutely nothing wrong with purchasing a NEW
license and using it. In fact, Microsoft WANTS us to do this, though
they do not REQUIRE it.
>>> If you are going to install Vista on a computer you have had for some
>>> time,
That really depends on how long that period of time has been. Over a
year, maybe it might affect one's ability to install Vista; over 3
years, and it will definitely affect the ability to install Vista.
>>>chances are you don't have the necessary hardware to properly run
>>> Vista. In this case, you may end up paying more for the necessary hardware
One must have an "older computer" indeed to wind up doing this.
I would't even CONSIDER upgrading such a computer to Vista.
>>> than you would pay for a new, Vista capable computer.
I guess that really depends on what you would pay for a new Vista
*Premium* (Home Premium or Ultimate)-capable computer.
I do blame Microsoft for this brou-ha-ha, since they were not very
clear on the exact specs a machine able to run the PREMIUM versions of
Vista needed.
In fact, in general, I believe they've been MUCH too liberal in their
estimates for Vista's minimum hardware requirements, and because of
this, many were faceed with the reality that they could NOT use their
new OS on their OLD machines as they wanted to, and as they thought
Microsoft meant they would be able to.
>>> Keep in mind that a computer that is capable of running Vista Home basic may not be capable of
>>> running the other editions of Vista effectively.
So true. Let's face it: To use the higher-end features of Vista,
including Aero, one MUST have a heftier machine than the MINIMUM
requirements published by Microsoft.
We can argue about it, fight about it, or cry about it. NONE of our
histrionics will help the matter. The ONLY way to "fix" it is to use
a more powerful machine. PERIOD.
<snip>
>> More to the point, anyone may purchase and use a "System Builder Kit",
>> as long as he also buys a "necessary" hardware item. But it's not
>> necessary to buy a full system to be able to buy and use such a
>> License.
>Donald, just as a point of interest, both newegg and tigerdirect (among
>others), previously required multiple hardware purchases or proof of
>such recent purchases when purchasing xp oem.
I guess both NewEgg and TigerDirect decided to stop accepting the
newer OEM License changes which came with XP. All Microsoft required
with the new License was that a "necessary piece" of system hardware
be purchased along with the O.S. This "necessary piece" of hardware
can be something as cheap as a power cord (a dollar or two), or as
expensive as an entirely new machine, or anything in between. The
only condition which must be met is that the piece of hardware be
"necessary to the operation of the computer".
And Microsoft didn't help much, either. THEY want us to purchase
higher-priced Retail editions, not cheaper OEM editions, since it
costs them about the same amount of money to support a Retail copy as
it does to support an OEM copy.
Since the costs for support of an OEM product are not paid by
Microsoft, they are not really giving retail owners that much more
support than the OEMs (who provide next to NO support, anyway), so it
results in a HIGHER profit margin for Microsoft when selling Retail
products.
Many third-party retailers included such a power cord or mouse IN THE
PURCHASE-PRICE, to enable the user to be able to easily and quickly
purchase this license from their online shops.
> There were no such
>requirements for vista oem. Looking at the sites today, there is no
>requirement for ANY hardware purchase for either. The hardware purchase
>requirement has been on and off for xp oem on many sites over the past
>year, at least, based on my usage of such sites. I have never seen such
>a hardware requirement for vista oem based on my usage of the sites.
This is probably caused by the general lack of respect folks have had
for Microsoft since the release of XP. Some abide by the System
Builder/OEM sales conditions, and some do not. Those who do, deserve
our respect as well as our dollars. Those who don't do not deserve
anything, including our business.
If you want to know for sure, isn't it more expedient to ask
MICROSOFT, rather than the retailer? After all, it is in the
retailers interest to sell as many licenses as he can, for as little
cost to himself as possible. It costs MORE to stock RETAIL licenses
than it does to stock OEM licenses, so he will make more money selling
OEM licenses than he would by selling Retail licenses.
But Microsoft has ALWAYS expressly forbidden the sale of "stand-alone
Certificates of Authenticity" (i.e., "the CD key apart from the
media"), yet many retailers have ignored this, unlawfully. I would
NEVER purchase a copy of XP from a retailer who refused to provide the
necessary piece of system hardware (whatever it is), or who sold such
"stand-alone" COAs/CD keys.
Anyway, the pricing of Windows licenses is not covered under our
EULAs. Nor are the conditions for the sale of new Windows licenses
covered by the EULA. These prices and conditions are set by Microsoft
Retail, not the legal department, though I am certain that they check
with the Legal department before setting such prices and conditions.
The prices and conditions for the sale of OEM software are set by the
OEM itself, not Microsoft.
>> I suggest that the user compromise, and purchase a retail "UPGRADE"
>> edition of his chosen OS. This will give him the transferrability of
>> a retail license, and the lower price for the Upgrade media (and which
>> is fairly close to the price of OEM media, anyway.)
>>
>> HOWEVER, this will not be expedient if he has no previous copy of XP
>> or Win2k. If that's the case, I suggest that the user purchase a
>> System Builder Kit, along with a new HD or some other piece of needed
>> hardware -- even a power cord or mouse will do to satisfy Microsoft, and he
>> will be able to install a valid License on any machine capable of using Windows.
>>
>> There really is no reason to purchase a Full Retail copy of Windows, other than
>> the transferrability of the License.
>> The odds of the user losing the original installation media and CD key
>> are low enough to not need a "Full Retail" copy. And few users today
>> do not have a previous copy of XP or 2k hanging around somewhere.
>>
>> If the user plans on going through MANY computers in his lifetime, he
>> SHOULD purchase Full Retail Windows installation media, since it would
>> be a better value in that case.
>>
>> Remember, however, that all support will devolve on the user's own
>> shoulders when using OEM software should something go wrong with his
>> OS, since as the builder of the machine upon which it is installed (or
>> the Installer of the OS), the user himself becomes the responsible
>> "System Builder" or "OEM".
Donald L McDaniel
Please reply to the original newsgroup and thread.
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