What's OEM software? Is it safe to buy?

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Great explanation! Thanks for the quick answer. :)

It may not be legal for a person to sell it, but it's perfectly legal to buy the software from a retailer if you meet the requirements of the EULA. You can legally and easily buy OEM copies of Windows from stores like Newegg or ZipZoomFly if you are also buying parts for a new computer.

And no manufacturer gives you the Windows disk anymore; often, if you get disks at all, it's an image that you have to restore. Most likely it's a partition on your hard drive with the same image.

Making blanket statements that buying OEM software is illegal is misleading, if not false. It's perfectly safe to buy OEM software as long as you follow the rules for buying online; buy from a reprutable retailer and, if it sounds too good to be true, it probably is.

When Leo warns against deals that sound too good to be true, he's not kidding. And to be honest, when the deals are that sweet, you HAVE to suspect something is shady.

My point of view, if you're not going to buy from a reputable vendor, you might as well just pirate it off the file sharing nets. You're pirating it either way, but at least by downloading it off a filesharing net, you're not handing money over to sleazebag criminals.

When you buy it from the questionable vendors, you're handing your money over to criminals.

Just had to offer some "it happened to me" comments. I bought a computer used off of eBay. It had XP Pro w/SP2 installed. The seller also provided an OEM disc with the machine. For the first 6 months or so, everything was fine. I could get the Windows Updates, download Microsoft games, etc. Then one day the computer would not pass the validation scan. Microsoft said the Product Key was blocked because it had been reported lost, stolen or leaked.

I provided Microsoft with my eBay sales receipt and I even had the seller provide HIS sales receipt from when HE bought the computer direct from Dell. Microsoft wouldn't budge and basically accused me and the seller of being in cahoots trying to scam them. I had to buy another XP Pro install disc so I could become "legal".

Moral of the story: I have serious doubts about Microsoft's policies and procedures when it comes to really knowing if a person is using a pirated copy of XP. I'm not a lawyer but it sure seems to me if a person has an original sales receipt from a legitimate company like Dell, that should be sufficient proof that the OS was legally obtained, regardless of what might have happened with that particular Product Key once the computer left the factory.

If anyone has any comments, I'd like to hear your thoughts.

There's a good definition of OEM at this site. I bought XP Pro "OEM" from this site and have had no problems with installation, registration, or updates.

http://www.edirectsoftware.com/index.php

It's just outrageous that it's possible to buy a PC with pre-installed WinXP without being able to reinstall it if it crashes at some point. When I bought my IBM laptop recently, I did not even get a recovery CD any more either.

However, there is a pretty easy and entirely legal way of creating your own XP CD-ROM from your pre-installed system.

For the German speakers among you, get yourself this article from the CT Computer Magazine:

http://www.heise.de/kiosk/archiv/ct/06/03/202/

The necessary Slipstreamer tool is available at:

http://www.wintotal.de/yad/index.php?id=3083

I'm not sure whether all this has been replicated in English somewhere, but if not, it would certainly be a good idea.

On one hand, I agree that there are many dishonest people selling pirated discs as "OEM Installs" -- they should be closed down.

If *you're selling* software that *you signed an agreement to sell under certain conditions*, then *you* are responsible and should be raked over the coals if you don't do what you said in the agreement. The buyer (who doesn't know what you did/did not sign) shouldn't have to worry about that.

On the other hand...
It is a packaged good that is sold at a point of sale. EULA's and the all be damned, especially at this point (purchasing the OEM version) you haven't used it. There should be no legal way to get around the first sale doctrine, unless you have *explicitly* signed that right away (and by explicit, I mean that you have Gates' signature and yours on the same piece of paper). These EULAs have the same weight with me as the "this poduct cannot be returned" that you sometimes see on lawnmowers (err... Wal*mart will take it back -- if you don't like it, don't sell such a crappy product).

That said, there is one thing that may/may not be good about the retail edition:
Typically OEM software comes with no support thru the mfr(ie, if you have a problem with MS Windows on a Dell OEM license, MS will tell you to talk to Dell.)

Sometimes, the mfr's support is good. Other times....

Also... for some things (Windows), it just says that it must be purchased with hardware... a number of shops will let you buy it when you purchase it with a mouse (for example). Granted, if you need support, I don't think that shop will be of much help...

---
Mary: Not that you can do anything about it, but I think what you had was "enough evidence" (err... he bought it from dell, sold the machine and all the stuff to you... where's the copy?)

but, I am not a lawyer. I just think the whole "conditions after the sale" thing is bunk. And I support copyright (imagine that... it governs "rights to create copies" not anything dealing with selling the one copy).

It's just outrageous that it's possible to buy a PC with pre-installed WinXP without being able to reinstall it if it crashes at some point. When I bought my IBM laptop recently, I did not even get a recovery CD any more either.

However, there is a pretty easy and entirely legal way of creating your own XP CD-ROM from your pre-installed system.

For the German speakers among you, get yourself this article from the CT Computer Magazine:

http://www.heise.de/kiosk/archiv/ct/06/03/202/

The necessary Slipstreamer tool is available at:

http://www.wintotal.de/yad/index.php?id=3083

I'm not sure whether all this has been replicated in English somewhere, but if not, it would certainly be a good idea.

It's just outrageous that it's possible to buy a PC with pre-installed WinXP
without being able to reinstall it if it crashes at some point. When I
bought my IBM laptop recently, I did not even get a recovery CD any more
either.

However, there is a pretty easy and entirely legal way of creating your own
XP CD-ROM from your pre-installed system.

For the German speakers among you, get yourself this article from the CT
Computer Magazine:

http://www.heise.de/kiosk/archiv/ct/06/03/202/

The necessary Slipstreamer tool is available at:

http://www.wintotal.de/yad/index.php?id=3083

I'm not sure whether all this has been replicated in English somewhere, but
if not, it would certainly be a good idea.

Hi,
I'm buying a new PC from dell, but i want to buy a OEM version of Microsoft Office from a company i know well...
They're a offical retailer and th eOEM linces are 1 use only will there be any issues with that????

Please e-mail me on robertmellink@hotmail.com.

Thanks

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