Originally posted by: tcsenter
Originally posted by: fredtam
tcsenter you linked to the consumer side of microsoft. You will notice that you can't buy an OEM version there either. You can buy XP Home Full or Upgrade. Does this mean that oem products are not legal? No. They are simply for a different market segment ie. system builders. Do you think that Dell gets a CD for every computer? No. They copy and produce their own CDs and provide the customer with a COA (the pretty sticker with the key) indicating that it is a legal copy. COAs are simply additional licenses sold without the media. They must be purchased with hardware and you must have an OEM cd. They are completely legal. I use them. The fact is when you buy the OEM version you are paying for the license and not the media.
You're missing the point. The question asked here pertains to burning a copy of XP and then distributing it to another person. This is not permitted by the EULA nor the OEM System Builder Agreement. Buying 1000 COAs does not give you this permission. Even in the hypothetical event that an OEM COA is an additional license, and it is not, it would not cover an unauthorized copy of XP.
There are ways to go about getting replication (copy) rights. One is to
ask Microsoft for permission. There are also certain replication rights given to participants in Microsoft's Volume licensing programs (Select and Academic).
As for your irrelevant rambling about Dell, you are not Dell.
Dell and other large OEMs have a special contractual agreement directly with Microsoft that permits them to distribute Microsoft operating systems on a royalty basis (OEM Royalty Program). Dell doesn't 'copy its own CDs', Royalty OEMs source customized Microsoft product directly from Authorized Microsoft Replicators such as
IPC Communication Services.
The reason I linked to the 'consumer' side of Microsoft is, it is not possible to purchase only a 'license' to install and use an OEM operating system except through certain Microsoft Volume Licensing programs. As a system builder or end-user, there is no 'license only' for OEM software - period.
Unless a COA is distributed with a genuine Microsoft OEM 'Edge-to-Edge' Hologram CD (or the respective product it is 'authenticating'), it is worthless. It certifies the authenticity of nothing and serves as a license for nothing. The fact that 'you do it' has no bearing on whether it is legitimate or legal.
The Q & A I quoted was not from the 'consumer side' of Microsoft, it comes from Microsoft's OEM System Builder Licensing website. In case you failed to understand it the first time, here's another:
Q: WHAT IS A CERTIFICATE OF AUTHENTICITY (COA)?
The Certificate of Authenticity assists you and your customers to determine whether the Microsoft software and components are genuine. The COA is included with each CD Pack or wallet and authenticates only the software components with which it is legally distributed.
PLEASE NOTE:
The COA is not the license. The end user is responsible for keeping track of the software and applicable materials distributed with each computer system (for all software programs). The COA, Product Key in the center of the COA, and the original software are essential elements for establishing your lawful possession of the software media and to enable proper installation.
Still have trouble understanding it? Okay:
>-----Original Message-----
>I am confused. I see offered products like Win XP home
>edition, License only (no media) from some suppliers.
>How can this be legal if the license requirement is to
>provide the edge-to-edge hologramed media disk with the
>OEM software when a complete system is delivered to the
>customer?
Hello,
Thank you for your posting. Offers to distribute incomplete OEM System Builder software packages are not legal. Under no circumstances are system builders or any other vendors authorized to distribute single OEM System Builder software components.
Microsoft only authorizes its software to be distributed as a complete package, which includes the original System Builder hologram program media, the End User License Agreement, the COA (adhered to the PC chassis for Windows desktop operating systems), and the user manual (if applicable). Please note that the Certificate of Authenticity included with each OEM System Builder software package authenticates only the software components with which it is legally distributed. As mentioned, any offer to distribute an incomplete Microsoft software package (i.e. COA only) is not authorized, and any individual who was to obtain incomplete Microsoft software components would not be authorized to use the associated software or redistribute the components.
<snipped>
Thank you,
The Microsoft OEM System Builder Licensing Team
Need any more help, just let me know.