jonnytabpni Posted December 31, 2007 Share Posted December 31, 2007 Hey guys/gals, I currently run a small IT business. There is a customer who has messed up their XP on their PC, and they don't have a XP sticker (for the sake of argument, lets just presume it's illegial). Am I allowed to install an OEM version of XP home on their pc?? I know OEM licence's are only for system builders,refurbishers etc... and I was wondering if this would be classed as system refurbishment even though i'm not seling them the computer (as they already own it!). It also has to be "distributed" with a fully assembled computer system, it doesn't say sold. I'm just concerned weather or not giving a customer their computer back falls under this... "We grant you the non-exclusive right to distribute an indivudal software licence with a fully assembled computer system" "Distribution and Distrubute means the point in time when a fully assembled computer systemleaves the control of the system builder" - its doesn't say SOLD. Also: it defines system builder as: "An OEM,manufacturer,an assembler,refurbisher, or pre-installer of software on computer systems" Cheers Jonny Quote Link to comment Share on other sites More sharing options...
Sparda Posted December 31, 2007 Share Posted December 31, 2007 Technically you aren't allowed to. But you can, if it's a legal previously unused copy that is. Quote Link to comment Share on other sites More sharing options...
VaKo Posted December 31, 2007 Share Posted December 31, 2007 Unless you buy a licensed copy of windows to either give or sell to them, its illegal. Quote Link to comment Share on other sites More sharing options...
SmoothCriminal Posted December 31, 2007 Share Posted December 31, 2007 When in doubt, it is illegal. In this case it does seem illegal, just install a legal version and bill the customer (you might want to check with him first). Quote Link to comment Share on other sites More sharing options...
Sparda Posted December 31, 2007 Share Posted December 31, 2007 I would just like to clarify that installing a OEM version of windows that was not built 'for' that copy is not illegal but is ageist the end user license agreement. The worst that Microsoft could do is invalidate that copy of Windows. Quote Link to comment Share on other sites More sharing options...
SmoothCriminal Posted December 31, 2007 Share Posted December 31, 2007 You forget Sparda, I am an American... What I say is the law!!! Quote Link to comment Share on other sites More sharing options...
Sparda Posted December 31, 2007 Share Posted December 31, 2007 You forget Sparda, I am an American... What I say is the law!!! that is what you believe to be law of course ;) Quote Link to comment Share on other sites More sharing options...
SomeoneE1se Posted December 31, 2007 Share Posted December 31, 2007 sell him a mouse Quote Link to comment Share on other sites More sharing options...
SmoothCriminal Posted December 31, 2007 Share Posted December 31, 2007 I am with Someonee1se on this one. Tell him his video card doesn't work and sell him XP, a 8800, and a wireless N router. Go geek squad on his ass. **To Sparda, Sarcasm was meant to be conveyed :) Quote Link to comment Share on other sites More sharing options...
DLSS Posted December 31, 2007 Share Posted December 31, 2007 sell him a mouselol WTF ? am i the only one here who believes in honest buisness and disguisted by salesmen trying to sell the most expensive hardware (€2500+) to normal consumers that actually need no more then a low end machine (€500 to €800) anyway as the guy said technically according to M$'s definition it would be ok , but as most on here said , i doubt this is what they mean ... and as said its not illegal seeing as you're jus supplying legal sofware (not a pirate copy) , but it probably does go against M$'s EULA ... conclusion : if you'd call M$ they'll probably tell you you're not allowed to and need to sell them a full copy (disk) , but according to the above definition you'd be in the right, and last but not least : as long as its a new & legitilate copy it is you're selling (oem or otherwise) it's not illegal , even tho it goes against M$'s wishes/rules/EULA/... peace, DLSS ps: to be honest i doubt they didn't have a oem version in the past seeing as easily 92% of all laptops sold contain a oem version of windows Quote Link to comment Share on other sites More sharing options...
SomeoneE1se Posted December 31, 2007 Share Posted December 31, 2007 sell him a mouse as in mouse+OEM XP/Vista that way it conforms to the OEM requirements... y'all are so negative Quote Link to comment Share on other sites More sharing options...
HarshReality Posted December 31, 2007 Share Posted December 31, 2007 This is why I use the switchblade ;) I get the software keys and in the case of beakmyn we have it modified to backup the wpa file as well... so just reinstall windows using the same key and copy the wpa file back to system32 folder while in safe mode. POOF XP reactivated. Drivers would be circumstantial of course but hey... who said it would be no work at all. Quote Link to comment Share on other sites More sharing options...
VaKo Posted December 31, 2007 Share Posted December 31, 2007 stealing a lisence does work, but if money is trading hands, even if its just for services rendered, do it the legitimate way. Quote Link to comment Share on other sites More sharing options...
jonnytabpni Posted December 31, 2007 Author Share Posted December 31, 2007 some here have got the wrong end of the stick but never mind :) The new version of the EULA does NOT include the non-prephapal hardware item (as too many people were giving them away with, for example, a broken piece of RAM). They now state that it has to be a "fully assembled computer system". Now, this customer's PC is a fully assembled system, and as per the terms above, I am distributing it to them (as it leaves my control) and I am a systme builder as I pre-installed it (or even refurbished it). I know it seems as if I'm answering my own question here but could someone correct me if they feel i'm wrong. I'm just going by the words and definations in the EULA. Also, the OEM I sell them comes with a new sticker,CD and manual. Infact, in this customer's situation, their kid had ripped of their orignal OEM sticker lol!! Many Thanks Quote Link to comment Share on other sites More sharing options...
VaKo Posted December 31, 2007 Share Posted December 31, 2007 not your problem, its the kids. unless you can retrive the old key they need to buy a new one. end of story. Quote Link to comment Share on other sites More sharing options...
jonnytabpni Posted December 31, 2007 Author Share Posted December 31, 2007 yes and that's fine. I'm not enquiring weather or not they have to buy a new licence - i know they have to. but i'm just wondering if I can install an OEM copy legally. After reading the EULA which is fairly vague, i think i can however could someone correct me if i'm wrong. Quote Link to comment Share on other sites More sharing options...
VaKo Posted December 31, 2007 Share Posted December 31, 2007 Yeah, tis fine. just make sure the paperwork says something like "1x Pc : 1€" lol Quote Link to comment Share on other sites More sharing options...
jonnytabpni Posted December 31, 2007 Author Share Posted December 31, 2007 well actually, i made the paperwork say "System Refurbishment" as apperently, a "system bulder" can be a "refurbisher". Remember in the licence, it doesn't say that i have to "SELL" the computer. The computer doesn't even ned to be "new" but only "FULLY ASSEMBLED" and "DISTRIBUTED" which, according to the definations means when it leaves my control (i.e. when I give it back to them). lol Quote Link to comment Share on other sites More sharing options...
SomeoneE1se Posted January 1, 2008 Share Posted January 1, 2008 take it a part and put it back together charge them for the assembly and credit for the parts receved Quote Link to comment Share on other sites More sharing options...
jonnytabpni Posted January 1, 2008 Author Share Posted January 1, 2008 well i mean i opened it up and changed the RAM just ot be sure to RAM wasn't dodgy... but anyways, from what i said above, doesn't it seem that going by the WORDING of the System Bulder Licence, I am OK? Sure, it's prob not what microsoft intended however by taking a step back, is it really resonable to ask a business to by retails copies for their customer's computers? It just sound a bit strange Quote Link to comment Share on other sites More sharing options...
DLSS Posted January 1, 2008 Share Posted January 1, 2008 well i mean i opened it up and changed the RAM just ot be sure to RAM wasn't dodgy... but anyways, from what i said above, doesn't it seem that going by the WORDING of the System Bulder Licence, I am OK? Sure, it's prob not what microsoft intended however by taking a step back, is it really resonable to ask a business to by retails copies for their customer's computers? It just sound a bit strange as far as i'm concerned you're in the right, supplying them an oem this way ... Quote Link to comment Share on other sites More sharing options...
jonnytabpni Posted January 1, 2008 Author Share Posted January 1, 2008 by right do you mean because i opened the system up or just from what i said previously about the wording and "pre-installed of software" bla de bla... cheers Quote Link to comment Share on other sites More sharing options...
DLSS Posted January 1, 2008 Share Posted January 1, 2008 by right do you mean because i opened the system up or just from what i said previously about the wording and "pre-installed of software" bla de bla... cheers both :-) Quote Link to comment Share on other sites More sharing options...
Nophix Posted January 1, 2008 Share Posted January 1, 2008 You'll be fine. As long as you are giving them the license key, and original CD, and not using it on another system, you are fine. By doing the work on the system and not being the owner of said system, you are considered a refurbisher/builder. The idea behind the OEM stuff is to cut the shops a break on price so they can sell it at a retail price or bundle it with a system/rebuild. I've spent a lot of time on the phone with Microsoft trying to figure out their EULA's myself, since I'm a system builder. When I started I wanted to make sure my customers wouldn't be seeing any grief from any of my vendors, M$ especially. Quote Link to comment Share on other sites More sharing options...
Sparda Posted January 1, 2008 Share Posted January 1, 2008 You'll be fine. As long as you are giving them the license key, and original CD, and not using it on another system, you are fine. It must also have never been used previously. Quote Link to comment Share on other sites More sharing options...
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