OEM Licensing

Vic_980

My PC came with Windows XP on an OEM licence.

Does anyone know exactly what an OEM license is and whether it can be transferred from my PC to another machine?

Mr_Skint_2

It cant be transferred...

http://www.helpwithpcs.com/jargon/oem.htm

BoltonMinx

OEM license is for that specific pc, so should not be transferred to other pc's. It is sold at a cheaper price to pc manufacturers hence the restriction. You should buy a retail license if you want to install XP on another machine.

HTH

seanparkin

its actually quite a legal grey area.

Microsoft insist it cannot be transferred, wheras EU law says they should be transferrable.

I'd play it safe if you want to be sure though.

Mr_Skint_2

BoltonMinx wrote:

OEM license is for that specific pc, so should not be transferred to other pc's. It is sold at a cheaper price to pc manufacturers hence the restriction. You should buy a retail license if you want to install XP on another machine - not the use of should.

HTH

Thats correct not forgetting if you buy a XP CD or any other license
software and want to use it on more than one PC you will have to get
a multi-license agreement.

seanparkin

actually the biggest reason why its sold cheaper is because Microsoft dont support it.

Got a problem? they'll just refer you to the people who sold you your pc to support it.

Mr_Skint_2

seanparkin wrote:

its actually quite a legal grey area.

Microsoft insist it cannot be transferred, wheras EU law says they should be transferrable.

I'd play it safe if you want to be sure though.

Its actually like this, You can buy a CD of XP and use it on any PC
as long as you have multli-licence agreement with the software
supplier in the form of per-seat or per-session..

Mr_Skint_2

seanparkin wrote:

actually the biggest reason why its sold cheaper is because Microsoft dont support it.

Got a problem? they'll just refer you to the people who sold you your pc to support it.

Mostly why its cheaper is that OEM doesnt have all the thrills (if u can call em that) of a purchased disk.....

seanparkin

Not true, the duplication of the 'thrills' as you affectionately call them, cost very little!

Its a combination of all of these factors that makes it cheaper, but the unsupported nature of it is probably the largest factor.

Mr_Skint_2

seanparkin wrote:

Not true, the duplication of the 'thrills' as you affectionately call them, cost very little!

Its a combination of all of these factors that makes it cheaper, but the unsupported nature of it is probably the largest factor.

Aaah Ok I see the man at Microsoft the other day was lying to me :rolleyes:

seanparkin

This explains quite simply - licensing laws are an absolute minefield:

In Europe, subsequent sale of computer programs is governed by the 1991 Computer Software Directive, the relevant text of which is:

The first sale in the Community of a copy of a program by the rightholder or with his consent shall exhaust the distribution right within the Community of that copy, with the exception of the right to control further rental of the program or a copy thereof. (Article 4 (c))

In English, this means that once Microsoft has sold a copy of Windows anywhere in the European Union (actually the European Economic Area, but let's not quibble over another country or three), it has no control over how that copy is subsequently distributed (with an exception only for rental). Reading this, barrack room lawyers will be saying "Stop! Microsoft doesn't sell its software - it licenses it - so these rules don't apply". *******s. The only way of reading this provision consistent with the "purposive" approach of interpreting European law is that "sale ... of a copy ... by the rightholder or with his consent" means "sale of a licensed copy". "Exhaust the distribution right of that copy" means "Prevent Microsoft having any control on how that copy is transferred from user to user". On the one hand, Microsoft can argue that since you bought the copy of Windows on a hard disk inside the computer when you bought it, then you can transfer that copy, on that hard disk. So there is an argument that that copy of Windows is linked to that hard disk. But it's not a very good argument.