Do I buy the full XP software or Upgrade?

sco0ter

theboylard wrote:

Ok, in reverse order or your queries...

From the horse's mouth:

http://oem.microsoft.com/downloads/product_guide_2003_q2/osystem/WinXPHome.htm and scroll to the bottom:

Licensing terms
System Builders must distribute each desktop operating system unit with either a fully assembled computer system or a nonperipheral computer hardware component.

Still doesnt answer any question as YOU are now refering to the system builders license that I posted detailing the NON -Peripheral hardware and it does not stipulate a mouse counts so you have answered nothing.... My quotes were also from "The horses Mouth " for NON system builders... IE. End user and it states you CANNOT buy a copy of XP with a mouse.... Just because people sell them this way does not make it right... System builders have 2 licenses they must adhere to whereas End users have 1

Make up your mind what OEM license you want to argue about before replying...

everythingblogcast

sco0ter wrote:

Still doesnt answer any question as YOU are now refering to the system builders license that I posted detailing the NON -Peripheral hardware and it does not stipulate a mouse counts so you have answered nothing.... My quotes were also from "The horses Mouth " for NON system builders... IE. End user and it states you CANNOT buy a copy of XP with a mouse.... Just because people sell them this way does not make it right... System builders have 2 licenses they must adhere to whereas End users have 1

Make up your mind what OEM license you want to argue about before replying...

You have to buy a hard drive or ram, good job if you are getting vista

sco0ter

everythingblogcast wrote:

You have to buy a hard drive or ram, good job if you are getting vista

That is the correct way it is supposed to happoen although some here say that buying a mouse qualifies... Although some stores will sell it that way it is NOT Legal both from system builder and OEM sellers.

Anyway enough of this because you could just keep going round in circles.. I was responding to a quote that there was no license agreement in place saying you had to buy Non peripheral hardware or saying what non peripheral hardware was. I replied and got told this was for system builders only.. then the guy replied backing up his claims with a passage that tells you that you must adhere to the system builders license..??.?? all a bit confusing.

The full passage he quoted from

System Builders must distribute each desktop operating system unit with either a fully assembled computer system or a nonperipheral computer hardware component. Distribution of all Microsoft OEM System Builder software and hardware must be in accordance with the Microsoft OEM System Builder License affixed to the side of each Microsoft System Builder Pack. For more information and to view a copy of the entire Microsoft OEM System Builder License, please visit the Licensing Section on the Microsoft OEM System Builder Web site

everythingblogcast

Yes agreed thats how I got XP Pro for £40. It was from ebay but 6 months after installed it, it wouldnt update so got on the photo with Microsoft had to send them proof and 1 or 2 months later I had a need one direct from microsoft and I told them that it was a Sony PC, but I upgraded the hard drive. And no problems.

leesmithg

Well if you contact M$ tell them what you wrote here and tell them where the illegal warez came from they should give you a legal working key and no need to cough up more money.

theboylard

Dear Scooter,

seeing as you seem to think I'm misleading people or talking out of my rear end, there are numerous different licensing terms depending on who you are and how you sell or buy.

OEM software typically has two licence agreements - one for the end-user and one for the supplier of the software.
The supplier or reseller must satisfy the terms of the licence for them, which usually means that if they are supplying with a pc, then it must be installed and the sticker affixed to the case in an easily accessable location.

If however they are just selling the software, which is allowed for authorised resellers, then it must be sold with a non-peripheral hardware component. It is up to the reseller to ensure they comply with the terms stipulated by Microsoft.
If the reseller says hey, buy a mouse then that is their lookout. Microsoft generally accept that a hardware component can be a hard drive, processor (but not motherboard), RAM, Optical drives, floppy drives, graphics and sound cards.
They used to rigidly enforce this but the terms changed in 2001 when they got fed up being challenged.
I did not say that it was ok to buy with a mouse, that was initially posted by beachbeth, and it is referenced by people asking exactly that on Aria's site.

As far as you and most other people are concerned, you are end-users. Your primary concern is that your chosen supplier is an authorised reseller of Microsoft products.

If they are authorised and source their Microsoft products from an authorised Distributor/reseller, then you will get genuine Microsoft products.
This does not mean that you won't have problems though, plenty of genuine licences have apparantly failed the Genuine Advantage programme, which initially lead to accusations of resellers selling fraudulent software. These accusations appear to have been dropped and it's now gone very quiet, which leads me to believe that Microsoft's programme is not infallible (no surprises there then!!)

Now then, as I think I have explained the licensing terms reasonably clearly, can we drop it now? I think beachbeth's thread has been well and truly hijacked by thee and me so let's get back to doing what we like doing, namely helping people?

hapless

superscaper

theboylard wrote:

I think beachbeth's thread has been well and truly hijacked by thee and me so let's get back to doing what we like doing, namely helping people?

Couldn't agree more, the thread was kind of going off topic and doesn't really help the OP. I'm sure the exact legalities of OEM can be discussed in a separate thread, probably even a different forum. theboylard can take the red corner and scooter can take the blue corner, and I want a nice clean fight, no biting, no headbutts etc..... :j

theboylard

:beer: Takes all the fun out of it!!!
I'll need to have a green and blue corner as I'll be sponsored by M$ OEM System Builder and have my Microsoft Partner Program partner ID on my towels.

:grouphug: (I've just looked closely at this emoticon called grouphug and I'm not convinced it's entirely innocent, or maybe that's just the prevert in me?!)
And if you hover over it it's called 3some!!!! Insert Eddie Murphy style cackle here!!!

hapless.
BTW, can I get the phone number of the totty holding up the round cards?

sco0ter

The thread hasnt been hijacked. If the OP is honest enough to want to replace a working "copied" version of XP with a full legal version (well done) then surely we should be honest enough to explain that if he wants to stay 100% legal then he must stick to the OEM End User license as set out by microsoft and the software MUST be bought with non-peripheral hardware. I thought the arguments raised were valid and the OP should be advised as to the full legality of buying OEM software with things like a mouse or fan.. The END USER is NOT allowed to buy OEM software with a mouse as stated on Microsofts website in the link I provided... If this has been interpreted as unhelpfull then so be it... As stated by theboylard some have had activation problems.. Microsoft are not liable for this if you did not stick to thier EULA by buying OEM software with a mouse or any Non peripheral hardware that Microsoft say is not allowed.. Which means having to go back to suppliers and try to get them to fix it...

Anyway that will be enough on the subject from me....

Phantom_Flan_Flinger

If you feel you must by a proper piece of hardware e.g. a floppy drive, you can pick one up for £4 from Aria.