Guest Daave Posted August 15, 2007 Posted August 15, 2007 Re: windows xp pro oem vs. windows xp pro "GHalleck" <ghalleck@arrakian.mining.com> wrote in message news:erB0kfw3HHA.1900@TK2MSFTNGP02.phx.gbl... > The catch to all of this is who is entitled to buy the original System > Builder Pack, break it open and sell the OEM copy. The loophole that > the > DIY'er or hobbyist is a "builder" has been, more or less, eliminated > by > the System Builder Pack packaging. And this is the bind that Newegg > and > other distributors found themslves. So if John Q. Public wants to purchase a generic OEM installation disk for XP, he needs to find some entity to break open a System Builder pack? Aren't there standalone copies?
Guest Daave Posted August 15, 2007 Posted August 15, 2007 Re: windows xp pro oem vs. windows xp pro "Shenan Stanley" <newshelper@gmail.com> wrote in message news:OgaYKbv3HHA.5796@TK2MSFTNGP05.phx.gbl... > We all know the rules - and it is not actually a recent change in the > EULA... > http://blogs.msdn.com/mssmallbiz/archive/2005/09/07/461950.aspx > and linked from there and as descriptive (and more recent): > http://blogs.msdn.com/mssmallbiz/archive/2007/02/18/oem-microsoft-software-clarifications-plus-if-it-s-labeled-oem-you-should-stay-away-from-that-neil-macbride-of-the-bsa-business-software-alliance-about-buying-software-online.aspx > > > In the last one - read the comment under: > Wednesday, March 14, 2007 6:35 AM by TechSoEasy Thanks for the links. And yes, that's the same conclusion I arrived at: The accepted way for John Q. Public to obtain a generic OEM XP installation disc/license is to purchase "one-pack" system builder package. And, yes, John Q. Public *is* considered a system builder: <quote> OEM system builder software packs are intended for PC and server manufacturers or assemblers ONLY. They are not intended for distribution to end users. Unless the end user is actually assembling his/her own PC, in which case, that end user is considered a system builder as well. </quote> So, John Q. Public *doesn't* need to purchase a "fully assembled computer system." However, my scenario still hasn't been addressed: I have a five-year old PC with Linux installed and decide I want to install XP. Technically, since I am not assembling my own PC (it's already assembled!), I am unable to purchase an OEM copy of XP. And according to the information cited above, Newegg isn't permitted to sell me a copy unless: 1. it's on a fully assembled computer system, or 2. they recognize me as a system builder who will be assembling my own PC (thus their disclaimer that I need "recent receipts showing the purchase of a mother board, hard drive, RAM and a CPU." Now, it makes sense! So, if I want to purchase an OEM copy (and assuming it will be installed on an old PC), I need to find retailer other than Newegg who effectively declines to do any policing for Microsoft, that is, a retailer who will recognize me as a system builder but doesn't demand receipts. Arguably, I'm not technically permitted to purchase an OEM disk (if I'm not assembling a new PC). But I am still able to do so. Finally, I wonder if Newegg actually *requires* these receipts, or if they just include this language in the disclaimer to cover their own butts.
Guest Alias Posted August 15, 2007 Posted August 15, 2007 Re: windows xp pro oem vs. windows xp pro Daave wrote: > "Shenan Stanley" <newshelper@gmail.com> wrote in message > news:OgaYKbv3HHA.5796@TK2MSFTNGP05.phx.gbl... >> We all know the rules - and it is not actually a recent change in the >> EULA... >> http://blogs.msdn.com/mssmallbiz/archive/2005/09/07/461950.aspx >> and linked from there and as descriptive (and more recent): >> http://blogs.msdn.com/mssmallbiz/archive/2007/02/18/oem-microsoft-software-clarifications-plus-if-it-s-labeled-oem-you-should-stay-away-from-that-neil-macbride-of-the-bsa-business-software-alliance-about-buying-software-online.aspx >> >> >> >> In the last one - read the comment under: >> Wednesday, March 14, 2007 6:35 AM by TechSoEasy > > Thanks for the links. And yes, that's the same conclusion I arrived at: > > The accepted way for John Q. Public to obtain a generic OEM XP > installation disc/license is to purchase "one-pack" system builder > package. And, yes, John Q. Public *is* considered a system builder: > > <quote> > OEM system builder software packs are intended for PC and server > manufacturers or assemblers ONLY. They are not intended for distribution > to end users. Unless the end user is actually assembling his/her own PC, > in which case, that end user is considered a system builder as well. > </quote> > > So, John Q. Public *doesn't* need to purchase a "fully assembled > computer system." > > However, my scenario still hasn't been addressed: > > I have a five-year old PC with Linux installed and decide I want to > install XP. Technically, since I am not assembling my own PC (it's > already assembled!), I am unable to purchase an OEM copy of XP. And > according to the information cited above, Newegg isn't permitted to sell > me a copy unless: > > 1. it's on a fully assembled computer system, or > > 2. they recognize me as a system builder who will be assembling my own > PC (thus their disclaimer that I need "recent receipts showing the > purchase of a mother board, hard drive, RAM and a CPU." Now, it makes > sense! > > So, if I want to purchase an OEM copy (and assuming it will be installed > on an old PC), I need to find retailer other than Newegg who effectively > declines to do any policing for Microsoft, that is, a retailer who will > recognize me as a system builder but doesn't demand receipts. Arguably, > I'm not technically permitted to purchase an OEM disk (if I'm not > assembling a new PC). But I am still able to do so. > > Finally, I wonder if Newegg actually *requires* these receipts, or if > they just include this language in the disclaimer to cover their own butts. Why don't you pick up the phone and call their toll free number and find out? I know in Spain, you cannot buy a generic OEM copy of *anything* OEM Windows without buying a CPU, hard drive, RAM and motherboard. The reason I know is that I personally visited the major computer chains here and ASKED! I have a feeling that MS is trying to get rid of hobbyists and only sell to those who buy their computers with Windows preinstalled. -- Alias To email me, remove shoes
Guest Ghostrider Posted August 15, 2007 Posted August 15, 2007 Re: windows xp pro oem vs. windows xp pro Daave wrote: > "GHalleck" <ghalleck@arrakian.mining.com> wrote in message > news:erB0kfw3HHA.1900@TK2MSFTNGP02.phx.gbl... > >> The catch to all of this is who is entitled to buy the original System >> Builder Pack, break it open and sell the OEM copy. The loophole that the >> DIY'er or hobbyist is a "builder" has been, more or less, eliminated by >> the System Builder Pack packaging. And this is the bind that Newegg and >> other distributors found themslves. > > > So if John Q. Public wants to purchase a generic OEM installation disk > for XP, he needs to find some entity to break open a System Builder > pack? Aren't there standalone copies? Nope...not when they are distributed to the OEM-seller/dealer. Once the pack is opened, the OEM installation disk can be sold as single units. The seller is bound by the agreement of the System Builder Pack.
Guest Daave Posted August 15, 2007 Posted August 15, 2007 Re: windows xp pro oem vs. windows xp pro Ghostrider wrote: > Daave wrote: > >> "GHalleck" <ghalleck@arrakian.mining.com> wrote in message >> news:erB0kfw3HHA.1900@TK2MSFTNGP02.phx.gbl... >> >>> The catch to all of this is who is entitled to buy the original >>> System Builder Pack, break it open and sell the OEM copy. The >>> loophole that the DIY'er or hobbyist is a "builder" has been, more >>> or less, eliminated by the System Builder Pack packaging. And this >>> is the bind that Newegg and other distributors found themslves. >> >> >> So if John Q. Public wants to purchase a generic OEM installation >> disk for XP, he needs to find some entity to break open a System >> Builder pack? Aren't there standalone copies? > > Nope...not when they are distributed to the OEM-seller/dealer. Actually, I did some digging around. Apparently there do exist standalone copies. However, they are still considered System Builder packs (even if it's just a 1-pack!): http://www.amazon.com/Microsoft-Windows-Professional-System-Builders/dp/B000GWLTRU And as I posted elsewhere in this thread, a qualifying "non-peripheral" hardware purchase is no longer necessary to purchase this System Builder 1-pack. But there is a paradox: In order to purchase it, you must be a system builder, even if you are building just one system. So, *technically*, you're not allowed to purchase it if your intention is to install it on an older PC. But somehow I doubt Microsoft can enforce that!
Guest Ghostrider Posted August 15, 2007 Posted August 15, 2007 Re: windows xp pro oem vs. windows xp pro Daave wrote: > Ghostrider wrote: > >>Daave wrote: >> >> >>>"GHalleck" <ghalleck@arrakian.mining.com> wrote in message >>>news:erB0kfw3HHA.1900@TK2MSFTNGP02.phx.gbl... >>> >>> >>>>The catch to all of this is who is entitled to buy the original >>>>System Builder Pack, break it open and sell the OEM copy. The >>>>loophole that the DIY'er or hobbyist is a "builder" has been, more >>>>or less, eliminated by the System Builder Pack packaging. And this >>>>is the bind that Newegg and other distributors found themslves. >>> >>> >>>So if John Q. Public wants to purchase a generic OEM installation >>>disk for XP, he needs to find some entity to break open a System >>>Builder pack? Aren't there standalone copies? >> >>Nope...not when they are distributed to the OEM-seller/dealer. > > > Actually, I did some digging around. Apparently there do exist > standalone copies. However, they are still considered System Builder > packs (even if it's just a 1-pack!): > > http://www.amazon.com/Microsoft-Windows-Professional-System-Builders/dp/B000GWLTRU > > And as I posted elsewhere in this thread, a qualifying "non-peripheral" > hardware purchase is no longer necessary to purchase this System Builder > 1-pack. But there is a paradox: > > In order to purchase it, you must be a system builder, even if you are > building just one system. So, *technically*, you're not allowed to > purchase it if your intention is to install it on an older PC. But > somehow I doubt Microsoft can enforce that! > > The Amazon price is higher than Newegg's. And this sale obviously is just transferring the System Builder Pack to you along with all of the legal rigmarole. Right...but who's looking at what you do with it? Better still, shop around. There are some sellers who still stock the older single copy, "for new PC" OEM versions, not bound to the System Builders agreement. They will ship with qualifying hardware such as a SIMM, etc.
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