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OEM or Retail

 
 
sth1 sth1 is offline
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      11-04-2009
Read both these articles....most interesting....

here is just one interesting paragraph:

"Although it is possible for an individual/hobbyist to buy a System Builder copy of Windows 7 and install it on a new PC, that scenario is specifically prohibited by the license agreement, which requires that the software be installed using the OPK and then resold to a non-related third party. (As I noted in a September 2008 post, Microsoft once allowed “hobbyists” to use OEM System Builder software to build their own PCs, but the company switched to a hard-line stance on this issue sometime after Vista shipped in early 2007.)"

http://blogs.zdnet.com/Bott/?p=1514&tag=content;col2

http://blogs.zdnet.com/Bott/?p=535&tag=col1;post-1514

....this should stir the pot just a little....I'm still confused about my place as a "hobbyist" using OEM system builder Win 7. My interpretation of the license agreement is that I'm not allowed to use it.

BTW, anyone know what an OPK kit, what does it do?

Back to my research trying to understand this stuff more than just on the surface.
 
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davehc davehc is offline
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      11-04-2009
I (think) it is under discussion on the Technet forums right now. I seem to remember seeing a post title or two yeterday. I don't know how interested Microsoft are as, by whatever method, it gets there product distributed and advertised, but it seems the consensus is that it is illegal to sell the OEMs as standalone programs. They should only be sold, as installed, on new computers. So if you see one, grab it before Microsoft close the door.

Last edited by davehc; 11-05-2009 at 05:39 AM..
 
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Nibiru2012 Nibiru2012 is offline
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      11-07-2009
Quote:
BTW, anyone know what an OPK kit, what does it do?
OEM Preinstallation Kit

The OEM Preinstallation Kit (OPK) of the Microsoft Server Appliance Kit (SAK) tells Original Equipment Manufacturers (OEMs) how to use the tools provided by the SAK to create server appliances based on Microsoft Windows Server 2003. It is intended to be a used alongside the SAK Hardware Development Kit and the SAK Software Development Kit, which provide details on how to develop specialized hardware and software used to create a server appliance. For more information about the OEM documentation supplied with the SAK, see Microsoft Server Appliance Kit 3.0 (StartHere.chm).
The Server Appliance Kit OPK is intended to be a companion to the Microsoft Windows OEM Preinstallation Kit User's Guide and the Windows Preinstallation Reference. The Server Appliance Kit OPK does not attempt to provide detailed information on how to preinstall, customize, and deploy Microsoft Windows Server 2003. Instead, the Server Appliance Kit OPK focuses on how to use the SAK tools and frameworks as part of the overall process of creating a server appliance running Windows Server 2003. It relies on the Windows OPK to provide the details on how to preinstall Windows Server 2003 and prepare the resulting image for manufacture. If you are not already familiar with the process of preinstalling Windows, you are strongly encouraged to study the Windows OPK before continuing with the Server Appliance Kit OPK.
To learn more about the Server Appliance Kit OPK and how to use the SAK to develop a server appliance, see OPK Overview.
 
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      11-07-2009
Quote:
Quote:
BTW, anyone know what an OPK kit, what does it do?
OEM Preinstallation Kit
Thanks Nibiru2012
So OPK doesn't apply to the home built PC's
 
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Nibiru2012 Nibiru2012 is offline
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      11-08-2009
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....this should stir the pot just a little....I'm still confused about my place as a "hobbyist" using OEM system builder Win 7. My interpretation of the license agreement is that I'm not allowed to use it.
I used XP Pro OEM version for several years with no problems at all.

Windows 7 OEMs are available at Newegg and other websites. It used to be that in order to purchase an OEM install disc, one had to buy a piece (that's one only) of hardware also, such as a hard drive, video card, case, DVD burner, USB cable, etc. Then things changed and you weren't required to buy the hardware, besides the fact that not many of the retailer selling OEM were requiring that.

I think what has upset M$ is the fact that some people who buy OEM discs expect M$ to give tech support for it; they don't period! M$ expects the "system builder" to provide the support for it.

Basically it boils down to this: If one is not experienced enough to deal with no software support from M$ for an OEM purchase, then don't buy it!

Get the full retail version or upgrade version instead.

Last edited by Nibiru2012; 11-08-2009 at 12:10 AM..
 
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Thrax Thrax is offline
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      11-08-2009
Not only that, it is not legal to install OEM licenses on a new system. Once it has been installed, that's it. That's the only computer it can ever be run on. If you do a motherboard swap, the EULA specifies that it must be the same replacement part, which is what OEMs do when your mobo breaks.
 
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Nibiru2012 Nibiru2012 is offline
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      11-08-2009
The following is from the Microsoft Windows 7 OEM System Builder License:

Quote:
Authorized Distribution and Acceptance. To distribute the Software or Hardware in this Pack, you must be a System Builder
and accept this license. “System Builder” means an original equipment manufacturer,an assembler, a refurbisher, or a software
pre-installer that sells the Customer System(s) to a third party. You accept this license when you open this Pack. If you choose not
to accept this license, promptly return the unopened Pack to your distributor
What I gather from the above is that if one is an assembler, then its perfectly legal to build a system as a hobbyist or Do-It-Yourself build.

The following is a little more complicated. I understand this to mean that if a motherboard is defective, then you can replace it with a the same make & model of motherboard or the motherboard manufacturer's equivalent upgrade or replacement. Switching to a different brand of motherboard would require a new OEM license product key.

Quote:
Q. Can a PC with an OEM Windows operating system have its motherboard upgraded and keep the same license? What if it was replaced because it was defective?
A. Generally, an end user can upgrade or replace all of the hardware components on a computer—except the motherboard—and still retain the license for the original Microsoft OEM operating system software. If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created. Microsoft OEM operating system software cannot be transferred to the new computer, and the license of new operating system software is required. If the motherboard is replaced because it is defective, you do not need to acquire a new operating system license for the PC as long as the replacement motherboard is the same make/model or the same manufacturer's replacement/equivalent, as defined by the manufacturer's warranty.
The reason for this licensing rule primarily relates to the End User Software License Terms and the support of the software covered by that End User Software License Terms. The End User Software License Terms is a set of usage rights granted to the end user by the PC manufacturer and relates only to rights for that software as installed on that particular PC. The system builder is required to support the software on the original PC. Understanding that end users, over time, upgrade their PCs with different components, Microsoft needed to have one base component "left standing" that would still define the original PC. Since the motherboard contains the CPU and is the "heart and soul" of the PC, when the motherboard is replaced (for reasons other than defect) a new PC is essentially created. The original system builder did not manufacture this new PC, and therefore cannot be expected to support it.
 
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