Windows OEM version(for distribution with XXX brand computer only), is it resalable?

[MAMAFUFU]

I want to buy OEM versions of Windows98/ME/NT(many copies), but some of them are "for distribution with XXX brand computer only"(printed on the cover of the manual). I want to know when I buy them , can I LEGALLY OWN those copies? I know the original owner is suppose not allowed to re-sale them, otherwise it is a breach of the "user agreement".But legally, am I the lawful owner of those copies?

 

[Methodical]

No..

Some of them are locked to a specific computer brand.

Dell for instance.

their windows CD's only work on DELL's.

 

[nickdakick]

It depends on where you live, here(Germany) it is, according to a recent court ruling that caused a massive price drop.
edit: see sig

 

[nickdakick]

OK just reread the question: Unbundling is legal in Germany, resale after installing of course not.

 

[Need4Speed]

They are not locked to a specific brand of computer...what if u upgraded the mobo? the win cd would stop working? I dont think so!!

Whether they are for resale is another story...mine say not for resale right on the front....

 

[HellRaven]

Need4speed,
I think what he means is that systems like a Dell usually only come with backup restore CD's that only work on Dell systems which would make them rather useless for another computer. Please correct me if I was reading that wrong Methodical. I have never purchased a pre-assembled system for myself so I really wouldn't know

As to the origional question,
That is a damn good question. I am pretty sure it would be illegal to resell a version made specifically for a certain manufacturer. Perhaps a legal guru or someone who knows the terms that these OEM distributions are sold under to the manufacturers can jump in. Like I said I would think that these would be labeled not for resale since they were intended for a manufacturer.

 

[rocmonster]

From what I understand it works like this:
The OEM license is sold to and owned by the purchaser of the pc. The right to use the OEM media (the CD) and it's content (the operating system) is limited to the owner of the OEM license. If you install an operating system from the OEM CD on any other computer other than the original computer the OEM CD came from, you are in violation of the EULA.

 

[MAMAFUFU]

My situation is this:

I will install for my old school several computers, all of them need to be loaded with NT4.0 and Office 97.

Now I know a lot of companies are upgrading, if they are upgrading both hardware(eg, to PIII or Athlon) and software(eg, win2K & Office 2K), then their old software will be no use(usually the hardware is sold very cheaply or for free to their staff). In this instance , can I buy those softwares and legally own them?

 

[BobsBigBoy]

Hmmm, well you can buy OEM software (Win2K Pro and Office 2k) from third party vendors, but under Microsoft's rules they can only sell it to you if you buy a hard drive or motherboard at the same time (though you can probably find some shady vendor who'll sell it to you bare). Just look for Win2K OEM on pricewatch. Once you have an OEM disk you can buy seat licenses for the other computers (cheaper than buying the software itself.)

-- BBB