pvdg42

"MICHAEL" <u158627_emr@dslr.net> wrote in message
news:%23MVvFFHRHHA.4476@TK2MSFTNGP05.phx.gbl...
> To me, this is important enough to post in its entirety.
>
> While I can not find an "official" link from Microsoft-
> PCMag is a reputable source.
>
> http://www.pcmag.com/article2/0,1759,2087792,00.asp
>
> By Mark Hachman
>
> A Microsoft representative confirmed that users may buy an OEM copy of
> Windows Vista at a substantial discount, provided they adhere to the terms
> of the license - which, incidentally, may mean providing support for
> family members.
>
> In addition, users should still be subject to the same familiar
> re-activation restrictions as users of a retail Vista license and Windows
> XP, a spokeswoman said. Users can alter the PC's hardware substantially,
> but they will be forced to reactivate - not repurchase the OEM software -
> if they do, she said.
> One system builder pointed out, however, that Microsoft's OEM license
> forbids the software from being transferred to a whole new machine, from
> scratch, once it is installed on the original target machine.
>
> OEM copies of Vista began showing up this week at e-tailers like
> Newegg.com, for substantial discounts, which can run up to half off the
> price of a standalone retail copy of Microsoft's Windows Vista operating
> system. Microsoft is also offering its own in-house discounts, in the form
> of a Vista Family Pack, which allows the purchase of up to two copies of
> Vista Home Premium for $49.99, provided that a customer buy Windows Vista
> Ultimate at full price, through retail.
>
> For those who don't need a full manual, however, the Windows Vista OEM
> versions offer substantial savings. Normally, such versions are restricted
> to "System Builders," not large corporations purchasing thousands or even
> hundreds of copies of the operating systems through Microsoft's volume
> licensing programs, but small mom-and-pop computer shops building
> individual systems for local communities. The license is agreed to when
> the shrink-wrap the package is sealed into is broken.
>
> "System Builder software is designed for OEM system builders, and
> specifically for pre-installation on new PCs," said Elissa Brown, a
> Microsoft spokeswoman, via an email. "So, this software isn't really
> intended to be installed by end-users. OEM versions of Windows Vista that
> are delivered through the System Builder channel are licensed via a
> 'break-the-seal' model (in other words, the System Builder License on the
> outside of the software package is agreed-upon when the package is
> opened)."
>
> Although retailers like Newegg have typically been prohibited from
> providing the software without accompanying hardware, Brown said this
> wasn't true. Readers of PC Magazine and dl.tv report that Newegg has
> continued its practice of bundling a token hardware component - drive
> cables, case screws or other knickknacks - as a way to offload any legal
> obligation.
>
> "As long as Newegg is distributing the System Builder version of Windows
> Vista in an unopened package with the System Builder License adhered to
> the outside of the package, Newegg is not responsible for offering end
> user support," Brown said. "The party who opens the package (thus
> accepting the System Builder License) is required to offer end user
> support."
>
> More specifically, "the system builder must place its support phone number
> in a noticeable location in the fully assembled computer system help files
> or end-user documentation," according to the terms of a publicly posted
> System Builder license posted to Microsoft's Web site. That version of the
> license does not specifically mention Windows Vista, however.
>
> The OEM version of the Vista versions lacks a manual, but includes a
> "Quick Start" installation guide, Brown said. The Vista OEM versions will
> allow a user either to do a fresh installation, or to upgrade their
> previous Windows XP installation, she said.
>
> As for activation, Brown said users could expect a return to the familiar
> activation scenario. Windows Vista, like XP, contains an electronic list
> of the components within the PC, which it turns into a code, or hash. If a
> user adds or subtracts too many components, the hash will change enough
> that it will signal the need for another activation, which can be done
> either online or via telephone.
>
> Vista, however, will apparently be a bit more tolerant of the DIY
> community: "Windows Vista is more intelligent and a bit more lenient than
> Windows XP around hardware tolerance," Brown said. She referred questions
> to Microsoft's Windows Activation Web page, which does not address Windows
> Vista.
>
> In Windows XP, the software looked at ten hardware attributes to create
> the hash: the display adapter, the SCSI adapter, the IDE adapter, the
> network adapter and its MAC address, a "RAM amount range" (0-64 Mbytes,
> 64-128 Mbytes, etc.), the processor type, the processor serial number, the
> hard drive device, the hard drive volume serial number and the
> CD-ROM/CD-RW/DVD-ROM.
>
> "Specifically, product activation determines tolerance through a voting
> mechanism," the XP Activation FAQ says. "There are 10 hardware
> characteristics used in creating the hardware hash. Each characteristic is
> worth one vote, except the network card which is worth three votes. When
> thinking of tolerance, it's easiest to think about what has not changed
> instead of what has changed. When the current hardware hash is compared to
> the original hardware hash, there must be 7 or more matching points for
> the two hardware hashes to be considered in tolerance."
>
> One reader, who identified himself as a system builder in an email, said
> he felt that receiving an activation code was not the same as adhering to
> the terms of the OEM license.
>
> "Even though you can phone an activation rep overseas to activate the
> software you're violating the EULA and committing piracy," said the
> builder, who posted a similar note in the discussion forums attached to
> this story.
>
> "It's important that people understand the OEM EULA when it says that your
> OEM Vista (XP is the same) can not be transferred to a new computer, and a
> new (upgraded) motherboard is also considered a new computer," the system
> builder added. "I've activated hundreds of PCs over the years and have
> never had an activation rep ask if I am transferring the OEM software to a
> new PC. The only question that you must answer correctly (no) in order to
> receive the activation code is: "Is this version of Windows on more than
> one PC?". Therefore the end user assumes that since they received an
> activation code they must be legal." Editor's Note: This story was updated
> at 9:20 AM EDT on Jan. 29 with comments from a reader.
>
>
>
> http://discuss.pcmag.com/forums/1004.../ShowPost.aspx
>
> Q. Can my customers transfer or sell their OEM software licenses?
>
> A. After an OEM software license has been installed on a PC, the license
> may not be installed on or transferred to another PC. However, the entire
> PC may be transferred to another end user along with the software license
> rights. When transferring the PC to the new end user the software media,
> manuals (if applicable) and certificate of authenticity label must be
> included. It is also advisable to include the original purchase invoice or
> receipt. The original end user cannot keep any copies of the software.
>
> The end user license agreement (EULA) is granted to the end user by the
> System Builder and relates to the license on the PC with which it was
> originally distributed. Because the System Builder is required to support
> the license on that original PC, a System Builder can not support a
> license that has been moved from a PC they manufactured to one that they
> did not. This is one of the key reasons why an OEM System Builder license
> can't be transferred. For more information, click here.
>
> Q. My customer bought a new PC and wants to move their OEM software from
> the old PC to the new one. Can't they do whatever they want with the
> software?
>
> A. The OEM software is licensed with the computer system on which it was
> originally installed and is tied to that original machine. OEM licenses
> are single-use licenses that cannot be installed on more than one computer
> system even if the original machine is no longer in use. The end user
> license agreement (EULA) accepted by the customer before they use the
> software, states that the license may not be shared, transferred to or
> used concurrently on different computers. The System Builder is required
> to provide end-user support for the Windows license. A System Builder can
> not support a license that has been moved from a PC they manufactured to
> one that they did not - this is a fundamental reason why OEM System
> Builder licenses can't be transferred.
>
>
Thank you!
Perhaps this will dispel some of the rumors and FUD being spread around.