Selling OEM software

[Kryten]

Ebay have just pulled a listing of mine for a Windows 2000 Server OEM CD for copyright/terms infringment (i.e. oem software should only be supplied with hardware etc)

Anyone know the exactly legalities of this, minus the bollocks I get elsewhere?
As far as I know I should be able to sell such a CD as long as I bundle it with some hardware? (memory stick for instance?)

 

[Kryten]

Grrr, and even worse theres plenty of other people flogging OEM software.

A couple I see have some dodgy blurb:

1. AUTHORIZED DISTRIBUTION AND ACCEPTANCE. 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. “System builder” means an original equipment manufacturer, or an assembler, reassembler, or installer of software on computer systems. If you choose not to accept this license, promptly return the unopened package to your distributor. Individual software licenses or hardware units cannot be returned after this package is opened.

Trouble is, theres no license with mine :/

 

[PLightstar]

As I understood it, you 'officially' sold a piece of hardware and the OEM software came with it as part of the package.

I could be wrong but having looked at the thousands of other people 'selling' OEM Software they have a floppy drive or something to go out with it to make it 'official'

 

[soze]

It seems MS have relaxed over this with Vista as now you can buy oem Vista with no Hardware.

I would suggest your item got pulled because some one reported it and its against ebays policy. More that likely some one selling the same thing but for more money reported you.

 

[TdC]

Dutch OEM law is now so that you can buy the software without a bit of hardware on the side.

However...

Some hardware webbys here claim that you can only purchase Vista OEM with hardware due to "american legal issues"

I read "american legal issues" as "blatant lie to squeeze as much dosh out of customers as possible".

 

[Skyler]

It's legal in England to buy OEM software without hardware.

However, he is reselling OEM software so it's probably gonna be clamped down upon.

If you install OEM Vista it will not activate on another set of hardware should you upgrade or reinstall. You may get away with a Graphics Card upgrade but if you change the Motherboard it wont work again.

 

[Utini]

It is skyler? I thought for windows it was specified as you had to sell it with one of the major integral bits of pc hardware. Therefore im sure you could sell a copy with a duff stick of memory, as thats about as integral as you get (since the pc wont boot without it). Ok its stretching it a bit, but technically fine i guess.

 

[Kryten]

Well, re-listed it with a stick of crap (but working) ram.
Emailed Ebay first just to make sure - they replied that "OEM software must only be sold with hardware" - which is blunt - so if it gets pulled again, I've plenty of cause to slap them back round the face with it.

 

[Whipped]

OEM Software lives and dies with the PC it was first installed on. If the OEM software you are selling has not yet been installed on a PC then that software must be installed and the Sticker from the OEM CD Case is placed on the PC. Most of the time companies do not even give you the proper CD anymore.

Reselling OEM software is a big no no. The only way you can transfer ownership of a microsoft operating system to another person is to sell them the whole PC with the OS installed on it (Possibly restored back to the way it arrived from the person that sold it to you)

There are lots of companies that get around OEM law by selling OEM software with a mouse and the such. The legal issues of this are sketchy at best. But what you are trying to do is sell a piece of software 2nd hand. You have already used it on a PC and even if you haven't, you are not a registered company that is entitled to installed OEM software on PCs for sell through.

More simple info from Microsoft themselves can be found here

Believe when I say I know about this, as I'm currently in the process of investigating how fucked our company is when it comes to badly purchased OEM licences and upgrade copies of Microsoft products.

It basically boils down to Microsoft fucking you and everyone else up the ass. Sure, he's rough and nasty, but until your friends opt for the friendly dick sucking that Mrs. Linux has been offering, you're afraid to change your ways.

 

[Skyler]

It is skyler? I thought for windows it was specified as you had to sell it with one of the major integral bits of pc hardware. Therefore im sure you could sell a copy with a duff stick of memory, as thats about as integral as you get (since the pc wont boot without it). Ok its stretching it a bit, but technically fine i guess.

Pretty sure I read it somewhere on a few online stores, things like "we are now able to sell you Vista OEM without it being bundled with hardware".

But they also warn it only works on the first machine installed upon.

 

[Kryten]

Whipped : yeah, not long read up on that couresy of MS.

I've already relisted it even after reading that, merely because ebay's own description was much less severe and said it could indeed be sold with hardware. So, if they want to do me for it, they'll be contradicting themselves having fed incorrect information. And if MS have a problem - they can whinge at Ebay

 

[nath]

Hold up - I may be blind but I can't see if you said that you've installed this copy of win2k already or not?

 

[Whipped]

Well, if eBay are fine with you if you sell it with hardware then go for it. Microsoft aren't going to go after a single person after all.

 

[Kryten]

No, it's still sealed in the original packaging

It's now en-route to a buyer anyway for £20. Bit late now

 

[nath]

Ah ok - did it come with a machine though? I'm sure you already know all this rubbish but if it came with a pc as a spare disc to reinstall the OS, that license key would have already been used and Whipped said, it wouldn't install on different hardware.