Microsoft OEM Software Rip Off

Posted by: fatcat on 17 September 2006

It appears that having paid good money to Microsoft for their OEM software, it is illegal to resell it.


I recently tried to sell on ebay, original, unused, unopened Windows 98SE OEM software, complete with certificate of authenticity and product key.

The auction was removed by ebay.

The reason

"The rights owner, Microsoft Ltd (UK), notified eBay that this listing violates intellectual property rights."


Microsoft clarified the situation

"Unauthorised Distribution of OEM or Academic Software OEM versions of Microsoft software are available to computer manufacturers - often referred to as "Original Equipment Manufacturers" or "System Builders" - for distribution only with new PC hardware. Once distributed with or installed on a computer system, OEM software is not authorised for individual redistribution or use, except in connection with that computer. Under the terms of the OEM software license, distribution and use of OEM software without the associated computer is not authorised. Similarly, Authorised Education Resellers licensed by Microsoft may distribute academic versions of Microsoft software only to bona fide educational institutions, higher education students, and other qualified academic end users. Advertisement or distribution of academic versions to the general public is not authorised under the terms of the academic software license."


However, I noticed other auctions for Microsoft OEM software have been removed from ebay, except for auction that state the following.

To comply eBay and Microsoft OEM policies, this package will be shipped with an untested AS-IS OEM hardware component. (The hardware doesn't cost you anything and may not work)

To meet eBay & manufacturer OEM requirements, a small piece of hardware of no value will be included.

This is an OEM version therefore it may be provided with the minimum piece of hardware with no warranty


Does anybody know the type of hardware I would need to send?

Thanks
Posted on: 17 September 2006 by BigH47
A piece of wire, resistor etc.Don't say what the equipment is though.
Posted on: 17 September 2006 by Derek Wright
A clapped hard drive perhaps

I do not know if this still applies but MS used to require that a PC builder would ship a copy of Wndows with every PC and that if the manufacturer did not they would have to pay a higher licence fee. In some cases a manufacturer would be threatened with a penalty if they wanted to ship an other operating system on some of their range of computers, for example reduced support and or late delivery of new releases.
Posted on: 17 September 2006 by Don Atkinson
quote:
original, unused, unopened Windows 98SE OEM software, complete with certificate of authenticity and product key


I wanted to buy a copy of 98SE a couple of months ago and the computer shops I went to said that it was no longer available. Also the MS website indicates that it is no longer supported.

Now I appreciate that "rules is rules" and all that and most of us never read the small print when we bought our Dell PC complete with Windows (or if we did, we didn't understand the significance of the words), but it does seem to be a bit over-the-top to insist that couple of nuts and bolt plus a resitor should be wrapped around the CD containing the software, especially when the manufacturer no longer sells the stuff nor supports it.

I wonder if the local shop selling second-hand PC games (including Flight-Sim 98) is breaking any rules?

Cheers

Don
Posted on: 17 September 2006 by fatcat
Thanks for the advice everybody.

I think I will open a new ebay account in my wife name and supply with a part from an old W98 equiped P233 computer I have in the loft.

Don – check out ebay, they sell for £20 to £25
Posted on: 18 September 2006 by Rasher
I can understand the point. OEM software is for distribution with a hardware product and therefore the licence is written for this. Ebay have to ensure that they operate on the right side of the law.
I used to go to a music club where they gave you a piece of cheese on toast as you walked in just to get a round a licencing law. Sometimes it seems silly, but that's just the way it is.
Just enclose an old cable or connector.
Posted on: 18 September 2006 by gusi
When I bought my OEM XP from a computer shop, I had to buy it bundled with a disk. As I needed a drive at the time it was no problem.
Posted on: 19 September 2006 by Jeroen P
Although I do not work or MS, I do work in the software industry and license agreements are broadly similar. The most important thing to realise when you 'buy' software is that all you acquire is the 'Right to Use'. Under the licensing Terms and Conditions of use it always states very clearly that you do not have the right to re-sell, re-license etc. any or part of the license.
No matter how much I (dis)like MS, as the license owner they are in their full rights to place tight conditions on their right-to-use licenses. Even more so if they create a license to help special groups in society, such as schools and students, acquiring a license at lower cost. People trying to circumvent such conditions only jeopardize the continued existence of these kinds of consessions for their own short term greedy purposes.
Posted on: 19 September 2006 by fatcat
I personally only use genuine software. When I purchased Windows XP OEM (for £80.00) along with a motherboard, processeor, HD and case, I was not aware of the restrictions to the future reselling of the operating system, until last week. I was not even aware of the fact MS don’t provide support for OEM software, untill I phoned their helpline.

I suspect the majority of the people who purchase OEM software are not aware of these facts. When MS eventually replace XP, there will be millions of genuine customers, pissed off to find they can not resell there redundant versions of XP. I suggest this is the type of thing is likely to discourage people from buying genuine MS software, as a result of their own short term greedy purposes.

MS may have the legal right to apply restrictions but this does not mean these restiction are fair.

With regard to the W98SE OEM I tried to sell on ebay. It was unopened and unused. It appears MS have received payment for an item that will never actually be used.

If MS have received payment for this item maybe they will give me a refund if I return it to them.
Posted on: 19 September 2006 by markfs
You can buy a windows xp upgrade os, it is about half the price of a full xp os.
When installing xp upgrade you are asked to insert your previous version of windows disc(95 98 98se) as proof that you are an upgrader.

Maybe MS don't want these old, cheap versions of windows being passed about for this reason?
Posted on: 20 September 2006 by BigH47
Just discovered our Office 2003 teacher/student version is licenced for 3 machines. So a bit of a bonus.
Posted on: 20 September 2006 by Guido Fawkes


This is free - you can run it on as many computers as you like.