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 Post subject: OEM Licensing
 Post Posted: Sat May 15, 2010 5:22 am 
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Joined: Mon Feb 01, 2010 12:43 pm
Posts: 9
Hi Scott,

You recently recommended the OEM version of Windows 7 Pro over the retail version for my new PC build. I have just stumbled across this blog posting and was surprised by this quote.
Quote:
Although it is possible for an individual to buy a System Builder copy of Windows 7 and install it on a new PC, that scenario is specifically prohibited by the license agreement, which requires that the software be installed using the OPK and then resold to a non-related third party. (As I noted in a September 2008 post, Microsoft once allowed “hobbyists” to use OEM System Builder software to build their own PCs, but the company switched to a hard-line stance on this issue sometime after Vista shipped in early 2007.)


Just wondering what your thoughts are on this.


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 Post subject: Re: OEM Licensing
 Post Posted: Sat May 15, 2010 7:29 am 
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Joined: Sun Feb 04, 2007 11:44 am
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My thoughts concur with Ed in his follow-up post here:

    "I have no problem enthusiastically recommending these discounted copies of Windows for anyone building a PC for their own personal use."

In cases like this I say follow the intent vs. the letter of the agreement. But even if following the letter, there are always loopholes. For example, MS says you cannot transfer an OEM license, but there is a loophole for that. In this case you can *be* the System Builder, "use" the OPK, and "resell" the system to a 3rd party (then back to yourself). If Microsoft can create rediculous rules, we can find rediculous ways to comply with them. <g> Scott.


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 Post subject: Re: OEM Licensing
 Post Posted: Sat Sep 25, 2010 4:01 pm 
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Joined: Sat May 08, 2010 4:13 pm
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Scott, is it true that Microsoft generally considers their copies of Windows to be licensed yet not sold regardless of what version they are?


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 Post subject: Re: OEM Licensing
 Post Posted: Sat Sep 25, 2010 4:39 pm 
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Microsoft's licensing terms vary depending on the product, version, edition, market, etc. Many of these terms allow the software to be transferred (i.e. resold) to a 3rd party, which would imply that the software is covered by the First-Sale Doctrine. You can read most Microsoft product licenses here. Scott.


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