Vista oem

[Seekermeister]

SanDiegoPC,

Are you in the retail business, or simply a trader?

 

[Sureshot324]

Originally posted by: Seekermeister
Even if I were to have a mental breakdown, and decided to buy Vista, I would never buy OEM again, especially from PC Club. Because that is where I bought my MCE OEM, and when I found that one of the CDs was corrupt, neither PC Club or MS would do anything about it. Buying OEM is like buying a grab bag.

If your cd is corrupt, you can just copy a friend's cd or download a cd image from bittorent and use your cd key. AFAIK this is perfectly legal because you own a license to run that version of windows, it doesn't matter what cd you use to install it. With Vista all installation disks will be identical anyway. The CD key determines what version you install. It's only a problem if you want to sell it later on.

What I'm concerned about is being able to upgrade my computer with an OEM copy. I know with an OEM copy of xp, once you install it, it's permanently tied to that motherboard. However, in reality MS let you activate it even after upgrading the mobo. I guess they didn't want to piss off all the people who bought computers from local shops with OEM Windows and then tried to upgrade. Most of these people wouldn't have a clue what an OEM license is.

I wonder how this will work for Vista. I do upgrade my mobo once in a while, but I don't really want to pay for a retail copy because I concider it to be the same pc, as it's still going to be in the same case.

 

[Seekermeister]

Yes, and in my case, I have started having some video problems, which I do not believe are due to the video card, because I have swapped it out, and have the same problem. The only things that I can think of that might be causing the problem, is either the PS or the motherboard. If the latter, I would not be very happy if MS refused to reactivate the system. I have spare motherboard, but I haven't wanted to install it, because of this situation.

 

[Sureshot324]

Originally posted by: Seekermeister
Yes, and in my case, I have started having some video problems, which I do not believe are due to the video card, because I have swapped it out, and have the same problem. The only things that I can think of that might be causing the problem, is either the PS or the motherboard. If the latter, I would not be very happy if MS refused to reactivate the system. I have spare motherboard, but I haven't wanted to install it, because of this situation.

If you do a search of the AT forms you'll find that many people have swapped out motherboards with OEM copies of Windows. You can call MS and openly tell them you're upgrading your mobo and have an OEM copy of windows and they'll still let you re-activeate, even though it violates their own EULA.

 

[Seekermeister]

Sureshot324,

Can you tell me if the activation is actually tied to the motherboard, or the chipset that runs it? My spare motherboard has exactly the same chipset, which I bought to be able to swap them back and forth without any problems in my retail XP, which I dualboot with.

 

[Sureshot324]

Originally posted by: Seekermeister
Sureshot324,

Can you tell me if the activation is actually tied to the motherboard, or the chipset that runs it? My spare motherboard has exactly the same chipset, which I bought to be able to swap them back and forth without any problems in my retail XP, which I dualboot with.

I don't know. I think legally you're allow to swap in a mobo if your current one fails, but not sure if it will make you re-activate after swapping in an identical mobo.

 

[Guest1987]

As long as we're having this discussion, can any of you tell wheter these OEM's they sell online are pre-configured to run on certain hardware? And there's a bit of matching involved?

 

[RebateMonger]

I could be wrong, but I got the impression that "system builder" did not mean simply a person building their own system, like you or I.

Microsoft officially defined "System Builder" in a mailing to all Microsoft OEM Partners about nine months ago. "System Builder" now means "anybody who builds a new PC using the OEM version of the OS". That specifically includes "Joe Schmo" who bought his sealed OEM CD package at Fry's Electronics.

At the same time, Microsoft changed the rule that you had to sell bare copies of OEM CDs along with "hardware". Now, the rule is that you can only sell OEM CDs as a SEALED CD, complete with a COA sticker. Once the sealed package is opened, it has to be sold PRE-INSTALLED on a new PC. You can't just hand somebody a blank PC (or other hardware) and a lose XP Install CD like you could before.

All this is printed on the envelope of a new OEM XP CD package.

MS has a policy stating that OEMs are supposed to give you restore discs instead of full Windows installation discs, so if they sold you the full disc initially they were already violationg that policy.

Actually, Microsoft now REQUIRES that you give the buyer a Restore solution of some type: Either an OEM full install CD or a hard-drive-based restore partition. However, OEMS are specifically BARRED from producing their OWN Restoration CD, since this violates MS's copyright of Windows. You can't legally make a copy of XP and sell it on a CD, even as part of a "Restore Disk". Large OEMs, like Dell or HP, have separate agreements with Microsoft, allowing them to make their own CD-based Restore Images.

Microsoft has given many seminars (live and online) discussing its OEM policies. Additionally, there are OEM-Partner-only web pages that discuss Microsoft's OEM licensing.

 

[RebateMonger]

Originally posted by: Guest1987
As long as we're having this discussion, can any of you tell wheter these OEM's they sell online are pre-configured to run on certain hardware? And there's a bit of matching involved?

Well, the "legal" OEM CDs that are for sale are the "Generic" ones, that can be installed and Activated on ANY PC. They now must come in a SEALED package, along with a COA sticker.

If you order an OEM CD and it comes with a Dell or other major-brand label, then it's not being sold in compliance with Microsoft's EULA. "Branded" OEM Install CDs can only be issued by certain major-brand vendors, and must either come with a new PC or must be sold to an existing owner as a replacement part. "Software-R-Us" cannot sell a "branded" OEM Install CD (like a Dell CD) and still be in compliance with Microsoft's licensing rules.

 

[Guest1987]

Why would these "legal" OEM's need seperate a retore disk; I thought you could use them for re-installions so as long it was the same PC?

 

[Guest1987]

*BUMP*

I'm considering buying an OEm and just wanted to ask again: if I were to order an OEM from PC club, would I have *some* method of re-installtion on the same computer.

 

[Mem]

if I were to order an OEM from PC club, would I have *some* method of re-installtion on the same computer.

You can use an OEM Vista DVD as many time as you like for reinstalls on the one PC its registered too(providing no major upgrades like motherboard).

Vista Licencing Questions FAQ Thread over@OCUK .

You can upgrade your system if you have an OEM licence, however, the OEM licence is linked to the machine it was sold with. So, with all the upgrades you may wish to carry out, when is your PC no longer the original PC and when is it a totally new machine? Well to simplify things, Microsoft has defined the term ?device? to have changed when the motherboard has been replaced, therefore any motherboard upgrade would be deemed a new machine, which would require a new licence.


In the past, Microsoft has been quite lenient in their policy of giving out activation codes. With Vista, Microsoft has made a firm stance about not giving out activation codes to people who have violated the EULA. So in future you may be denied activation which would render the product useless. Retail bypasses this problem as the licence is not tied to the machine it was installed on, and consequently you can change the motherboard and still have a fully licensed machine.

 

[gplracer]

What if I buy the oem version of say vista ultimate. Then in 6 months upgrade my computer to a intel processor and motherboard. Will i have to buy vista again?

 

[mechBgon]

Originally posted by: gplracer
What if I buy the oem version of say vista ultimate. Then in 6 months upgrade my computer to a intel processor and motherboard. Will i have to buy vista again?

Yes, since you cannot put the Intel CPU into your existing motherboard. If you still want to buy OEM Vista, you can sell off your OEM Vista accompanied by the AMD mobo/CPU/chassis (with the OEM Vista COA stuck to the chassis), and recoup your Vista cost somewhat.

 

[John]

Originally posted by: Seekermeister
Even if I were to have a mental breakdown, and decided to buy Vista, I would never buy OEM again, especially from PC Club. Because that is where I bought my MCE OEM, and when I found that one of the CDs was corrupt, neither PC Club or MS would do anything about it. Buying OEM is like buying a grab bag.

PC Club should be able to access this Microsoft OEM site and order you a replacement disc at no cost.

Microsoft System Builder Media Replacement Order Form
http://oem.microsoft.com/script/mr/MediaReplacement.aspx

If they refuse to do it I would never shop there again. As stated several times in the past, this is a PC Club issue since they are the "OEM" that sold you the software.

 

[fraquar]

Originally posted by: Seekermeister
What does my knowledge of OEM have to do with the subject at hand. You insist that selling the software without hardware is shady, but if it is, then MS is the author of it , because it is their policy, not a law carved in stone.

It is shady - as the company selling that OEM software is violating the teerms of the OEM license. Specifically paragraph #4. OEM Distributors have to have OEM licenses to purchase OEM software - and are obligated to use them in the terms of the OEM License.


Localized OEM SB Licenses

 

[bigAWL]

Originally posted by: fraquar

Originally posted by: Seekermeister
What does my knowledge of OEM have to do with the subject at hand. You insist that selling the software without hardware is shady, but if it is, then MS is the author of it , because it is their policy, not a law carved in stone.

It is shady - as the company selling that OEM software is violating the teerms of the OEM license. Specifically paragraph #4. OEM Distributors have to have OEM licenses to purchase OEM software - and are obligated to use them in the terms of the OEM License.


Localized OEM SB Licenses

As I read that link, the distributor of the unopened OEM software is not violating the EULA because they are not the one agreeing to that EULA. Para 1 states...

"Distribution of individual software licenses or hardware units contained in this Microsoft System Builder Pack (?package?) is not authorized unless you accept this license. You accept this license when you open this package. By accepting this license, you agree that you are a system builder. If you do not open this package, you may distribute it to another system builder."

Since they did not open it they are not agreeing to the EULA and may distribute it to a system builder. The EULA applies only if you open the seal.

 

[Hurricane Andrew]

Good article on Vista System Builder/OEM requriements.