OEM software, illegal to put it on a computer

[fosin]

Originally posted by shahani
Slightly off topic but where do we stand in re-selling software? Like I sold several copies of Windows 95 CDs (Which said to install only on new PCs) as well as Windows 98 Cds. Since they were no use to me after upgrading to XP, I sold them through this forum.

Did I do anything wrong? I did not make any copies of the Cds nor have them on my PCs.

If M$ would have seen it they would have asked a mod to remove it and sent you a "friendly" email telling you why you can't do that. They do that with any auctions they see. To resell their retail software you have to have the box and all documents that were included.

Local distributor got in big trouble for selling OEM incorrectly. Probably weren't folliwing the legal info doc posted. Now they make people setup an account to buy OEM without components.

[Skywalker[TSG]]

Hehe i remeber that we used to sell old damaged/dead sticks of ram at my old job for like $0.1 so that people could buy OEM software instead of retail.


Also ithink it's legal for users to sell used OEM software to others
but it's not legal for a company to sell it without some hardware being sold at the same time.

[Richard Cranium]

I've read OEM & Retail EULA's till I'm blue in the face.

Seemingly, there are two standards on the OEM deal, I see some conflicting data given by MS.

I'll not go into all the mumbo jumbo here but the jist of it seems that if the software [OEM] is not installed on any machine, then a builder may purchase it for resale "With" and assembled machine.

One of the conflicts I read was the "copy" of MS software, the EULA on W98 clearly said that you may make ONE backup copy for your personal use. NOT to be sold !
Also on W98 you could put it on TWO machines, one was your personal machine, the other must be a "portable" computer.
this was another item in conflict when reading their "Rules"

I wonder how courts view small discrepancies pertaining to infractions of their very lengthy "Rules"

My guess that if it is not on the License agreement, then it would not hold water.

[Skywalker[TSG]]

You actually read them ?


wow

Thanks for that EULA, Shocker.

[Mercenary Dragon]

Originally posted by shahani
Awesome icon, MD. Very high quality. From where?

It was done at the bequest of the ministers of avatars hehe
I only wish I could do tiny artwork like that LOL. But I do have artwork that I do. 3D rendered artwork. If ya wanna see it just PM me

[VERT]

What about OEM hardware, I have brought heaps of that in the past just by itself

[thepcmaster]

This is a very interesting thread, and one that pops up frequently in different boards.
Since I have inside information (used to work for a local computer store) I will share the scoop with you.

1) All the legal information you are basing your decisions on are coming straight from M$ (System builder site, EULA agreement, etc). You know this is a load of B$. M$ was sued by the US, and a lot of the states. Why? Illegal & anti-competitive tactics, including their licensing agreements.

2) If you want the TRUTH on what is legal and what is not, don't research in M$'s library. Look at THE LAW. To be more specific, look at copyright law. For copyright law to exist, you must acknowledge the FIRST SALE DOCTRINE. Without this, copyright law cannot exist. Here is a link to it http://www.lib.ncsu.edu/scc/tutorial/basics2a.html
For more research, go to google and search for "FIRST SALE DOCTRINE"

FIRST SALE DOCTRINE
A distinction not always recognized is that ownership of the physical item, such as a book or a CD, is not the same as owning the copyright to the work embodied in that item. Under the first sale doctrine, ownership of a physical copy of a copyrighted work, like a book, permits lending the item, reselling the item, disposing of the item, burning the item, and so forth, but it does not permit copying the item in its entirety. That is because the transfer of the physical copy does not include transfer of the copyright to the work. A transfer or assignment of copyright must be signed and in writing to be valid [Sample Transfer Form].


In summary, once M$ has sold a physical copy of a product, I.E. Windows, they cannot restrict you from lending it (but not copying it), reselling it, etc unless you waive your rights. If you are a "Authorized" System Builder, you basically agree to all their terms and conditions, and are bound by their B$ rules AS A CIVIL AGREEMENT, NOT CRIMINAL. If you break their DISTRIBUTION rules, it is breach of contract, NOT copyright infringement.
If you buy a copy of Windows at a trade show, or from a local computer store, you obviously don't sign an agreement waiving your rights. You DO have a right to resell that software. If you upgrade your OS from 98 to 2000, you do have the right to sell your copy of 98. Just like when you upgrade your car, or your stereo, or anything else, you can sell your older one without restrictions.

Now here comes the tricky part - not everyone who sells M$ software is selling authentic stuff. This is where you need to make sure you know who's selling you the stuff. DONT buy off of EBAY (or any auction) because it's loaded with fraud, and don't buy from people spamming you with stupid emails. Buy from a local computer store YOU TRUST, or a website a friend recommends and has bought from. Everything I wrote above has nothing to do with counterfeit software. If you have something counterfeit (especially at your workplace) , trash it or burn it because that is a criminal violation and you don't want to be at the wrong end of a M$ beating stick.

[PresterJohn]

thepcmaster,

that was an interesting, informative response. this is a topic which i'd also like to know the 'definitive' answer for since i am well versed in hardware/networking but am relatively ignorant of software ownership rights and legal issues...particularly oem stuff.

[firenze]

[quote]Originally posted by Shocker
[b]Been reading this, and with all due respect, the right answer has not been given. As a member of ........ [UNQUOTE]

As a member of ... what?

I see in your picture that you have antennae on your head. I do not believe you are of the human persuasion.

If you want to fool us the next time, keep your messages shorter and add humor. Aliens and machines can't crack a good joke like us humans. Unless they memorize all the Seinfeld episodes.

But clearly, you have not done this yet.