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

Comment from Hemanth on 2008-12-03

2008-12-03T16:59:14Z

Hi,

I have a dell desktop machine that comes up with a preloaded xp.Now i want to upgrade my system(upgrade my processor,motherboard,ram), here the question is can i able install the xp by using the recovery cd given by Dell.will it work or not.

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from Hemanth on 2008-12-03

2008-12-03T16:57:51Z

Hi,

I have a dell desktop machine that comes up with a preloaded xp.Now i want to upgrade my system(upgrade my processor,motherboard,ram), here the question can i able install the xp by using the recovery cd given by xp.will it work or not.

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from Mike on 2008-10-27

2008-10-27T07:23:34Z

Some of the software vender's like oemsoftware.cn do not sale software but only archives versions of software. This was the same thing done 20 + years ago. The law as it was (and I haven't kept up on it) was the you could reproduce intellectual property for personal protection of your purchase. It is the product ie. Song, story, movie, software, etc. That is protected not the media. Its kind of like not having to toss out all of your movies if your dvd player dies, you just get a new one. The only problem is that if you don't have an original copy then its stealing. All of these EULA now are doing there best to get around that fact mostly due to a real problem with copyright infrengment.

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from mikedamirault on 2008-10-14

2008-10-14T07:12:25Z

You really have to look for the sticker, as long as there is a sticker on the packaging, it is legal (as long as the license number on the sticker has not been used), most OEM manufacturers, like Dell, Sony Vaio, Compaq, and other computer manufacturers, put the sticker on the back/side/top of the computer, it's kind of hard to remove the sticker off the case and put it on the plastic shrinkwrap around the CD and booklet, and I think that, just like warranty stickers, there is a "VOID" adhesive layer, so as long as the sticker is on the shrinkwrap, it is a legal OEM version, I have use OEM versions of Windows on a lot of computers, 100% legal

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from Federick on 2008-06-16

2008-06-16T20:45:49Z

Daglow, and what about http://oemsoftware.in ?
i have a good experience with this oem shop, can I trust it?

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from Ricardo on 2008-05-17

2008-05-17T17:42:51Z

As for me I dealed once with 'oem' downloaded from www.oemsoftware.cn
they were not scammers so I received what expected, but I had to pay much less and I liked it but I didn`t receive any licence (

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from Daglow on 2008-03-19

2008-03-20T01:46:14Z

Sounds kinda tricky but if you read Micorsoft's EULA its states:
Old License--
A System Builder is anyone who builds, rebuilds, or installs software on a new or used PC. By opening this package, the System Builder accepts all the terms of this license. If you don’t open the box, you can distribute it to another system builder. Be sure to read through the license before opening the box. Once the box is opened, the product cannot be returned.

New License--

By opening the package, you accept the license, which allows you to distribute the licenses inside the package with fully assembled computer systems.
A fully assembled computer system consists of at least a CPU, a motherboard, a hard drive, a power supply and a case.
By accepting the license, you agree you are a system builder which is an OEM, an assembler, refurbisher, or pre-installer of software on computer systems.
Distribution and distribute refer to the point in time when a fully assembled computer system leaves the control of the system builder.
If you do not open the package, you may deliver it to another system builder.
(http://oem.microsoft.com/downloads/licensing/Zoom1-5/ZoomInNew.html)
Hymmm, so as long as it is sealed, unused and unopened you can "deliver" it to anyone installing it on a computer in your country. Otherwise how would HP,Dell, Sony etc...get the software. Here is a fact: the serious price break for MS software is around 10k copies a year and the small system builder probably won't sell that many computers in 10 years. So When you see that copy of Vista Ultimate for 399.00 in the large retail chains and the system builder is selling it for $269.00 who do you think is making the biggest profit? Just remember OEM software has to be sealed! (like in the store)

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from Archangelo on 2007-10-15

2007-10-16T02:21:32Z

The issue here is not "OEM" of itself. The deeper, underlying issue is real simple--that of "The Doctrine of First Sale". Which plainly says that the first, unrestricted sale of a patented item eliminates any cause for which relief can be granted on behalf of any patent owner in litigation proceedings. See below:

http://en.wikipedia.org/wiki/First-sale_doctrine_(patent)

In short, if I buy a car from ABC manufacturer, I can in turn sell it for whatever price I choose to whatever buyer I choose. Still more, the purchaser has done nothing illegal in buying this vehicle from me.

Legal? YES. Ethical? YOU DECIDE.

Concerning "OEM" software as such (by its most widely accepted and accurate definition), Leo is right.

Having said this (and I am NOT giving advice, here), it would be better for these wise asses to admit that they are taking advantage of the Doctrine of First Sale, than deceiving the buying public with any other perception.

Regarding the difference between "the law" and "the license agreement", any first year law student can tell you that if something isn't provided for in the law, it doesn't matter HOW much ink you waste in writing your EULA.

Rather, what is at issue is that (despite the possible illegality of a EULA)one has no protection against an elaborate--albeit illegal--EULA if, despite the illegality, they STILL agree to it. In this case, you are ethically BOUND to abide by what you agreed to.

Again, however, there is that "sticky" issue of the difference between "legal" and "ethical" and the courts generally make this distinction quite clear by siding with the "disadvantaged" end user.

Usually, the courts will say that it is of no consequence that Mrs. Bonnie Bushka agreed to the EULA, despite her enthusiastic clicking of the "I ACCEPT" button. The thinking of the law is that Mrs. Bushka is in an "unfair bargaining position" being faced with the horrible consequence of not being able to use the "industry-leading" software she purchased, while being effectively unable to find a reasonable alternative to, let's say, Adobe Photoshop.

In this instance, Mrs. Bushka was therefore (and under great duress) compelled to agree with something she would not otherwise have agreed with. Ergo, the technical "legality" of her electronically stated agreement to the EULA is overshadowed by the "unethical", unfair bargaining posture Adobe allegedly enjoys in such matters.

I own an ad agency and we deal with this type of thing every day. It is amazing what you can find out if you just READ.

Thanks and Great Topic, Leo. This is my first time in your forum and I really enjoyed the reading!

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from rookie on 2007-07-25

2007-07-25T11:06:21Z

How can I tell if I purchased the retail version or OEM version? I'm guessing that I purchased the retail version, but now I am confused. I have installed MS Office Pro 2003 on my PC and now I want to put it on a personal pc too. Is this ok?

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from Toey on 2006-12-11

2006-12-11T18:44:05Z

Check this out. All the big boys including BT (Dabs) are selling illegal OEM Software. Without any Hardware thrown in.
http://www.bizrate.co.uk/operatingsystems/products__keyword--oem+software.html
I got burned. Purchased Windows XP SP2 with Vista upgrade from Dabs for around £70 and it won't activate. Microsoft just say they shouldn't be doing it. Buyer beware.

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from hmmhmhmh on 2006-10-30

2006-10-31T04:45:44Z

Uhhh.. Adobe sells OEM/customized software to MANY hardware manufacturers -- camcorders, cameras, scanners, etc. all come with Adobe/OEM software. It's clearly marked "OEM" (not for resale), and in many cases, has programming to prevent use on non-authorized hardware.

So Adobe, like every other software vendor on the planet, sells variations on their core retail-product direct to other businesses/vendors. They even sell an "academic edition" for registered student/faculty at participating colleges/universities. (The software is identical to the commercial retail version, but the end-user license agreement is of course totally different, 'confined' for academic use.)

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from Per on 2006-09-29

2006-09-29T13:14:15Z

The fact that they throw in a cheap mouse with the OEM software just to make sure that they "sell it with hardware" means nothing. It's not meant to circumvent the law or any license agreement, it's meant to fool you into believing that you are doing a legit buy. You're not.

Many of the "OEM softwares" you see advertised isn't OEM at all, it's pirated. Adobe, as an example, has never even offered an OEM version of Photoshop, still you can buy it "OEM" at hundreds of sites. What does that tell you?

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from Joe on 2006-09-25

2006-09-25T18:18:17Z

Microsoft changed the requirements for OEM software. It now has to be purchased with a full system, or by a system builder, and if you build your own systems, guess what MS considers you a system builder.

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from Rick on 2006-09-22

2006-09-22T20:29:26Z

I have to differ with you. There are definitely legit OEM vendors out there, and the way you can tell that is simple: they will ask you to choose a small computer-related item you want with your purchase of the OEM software. They do that, with the full knowledge of the software manufacturers, so that they are not in violation of any licenses: They throw in an el cheapo mouse that can be considered "computer hardware" and everyone is happy. So yes, be cautious, but no need to freak if you need to buy cheap... just be smart about it.

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from Robert Mellink on 2006-07-30

2006-07-30T08:52:38Z

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

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from Hans on 2006-07-01

2006-07-01T15:38:42Z

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.

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from Hannes on 2006-06-28

2006-06-28T21:15:29Z

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.

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from Thor on 2006-06-26

2006-06-26T17:08:37Z

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).

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from darklighter on 2006-06-25

2006-06-25T08:29:17Z

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.

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from TOM on 2006-06-24

2006-06-24T15:17:23Z

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

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from Mary on 2006-06-19

2006-06-19T20:37:32Z

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.

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from Greg Bulmash on 2006-06-18

2006-06-19T02:24:10Z

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.

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from Ryan on 2006-06-18

2006-06-18T16:56:22Z

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.

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.

Comment from Dan on 2006-06-17

2006-06-18T06:52:55Z

Great explanation! Thanks for the quick answer. :)

]]>

A comment on: What's OEM software? Is it safe to buy?

Tech Questions? Get Answers! - Ask Leo! ... by Leo Notenboom
Leo's Answers Newsletter - Ask Leo! in your inbox every week.