Oems can be sold according to this site

Normally I would not get into this debate.
People have asked for court cases as prove.
According to this site. They have court cases as prove.


(Sorry if duplicate post)

On this page they claim their software is genuine and even give the
Microsoft piracy address.

http://www.edirectsoftware.com/produ...oduct_id=16230


OEMs can be sold according to this site
http://www.edirectsoftware.com/hologram.php

[Is it legal to sell OEM / CD Only software?

This is a great question, many of the software companies would like
you to believe the answer is no and often attempt to scare customers
by placing text on the CD that says, for example; For distribution
with a new pc only or something to that effect, but rest assured it
is in fact legal to purchase OEM software. The truth is that the First
Sale Doctrine protects our right, as well as yours to sell OEM / CD
Only software.

Software companies have attempted to circumvent the first sale
doctrine by creating elaborate licensing agreements, in which they
claim that the software is not actually yours, but that you only
licensed it. Several courts however have found it does in fact meet
the criteria of a sale and therefore have upheld the first sale
doctrine.]


They have court cases to back up their claim.
kurttrail and others were correct according to this site.


Greg Ro

"GregRo" <webworm11@lycos.com> wrote in message
news:41uaa9F1fo592U1@individual.net...
> Normally I would not get into this debate.
> People have asked for court cases as prove.
> According to this site. They have court cases as prove.
>
> On this page they claim their software is genuine and even give the
> Microsoft piracy address.
>
> http://www.edirectsoftware.com/produ...oduct_id=16230
>
>
> OEMs can be sold according to this site
> http://www.edirectsoftware.com/hologram.php
>
> [Is it legal to sell OEM / CD Only software?
>
> This is a great question, many of the software companies would like
> you to believe the answer is no and often attempt to scare customers
> by placing text on the CD that says, for example; For distribution
> with a new pc only or something to that effect, but rest assured it
> is in fact legal to purchase OEM software. The truth is that the First
> Sale Doctrine protects our right, as well as yours to sell OEM / CD
> Only software.
>
> Software companies have attempted to circumvent the first sale
> doctrine by creating elaborate licensing agreements, in which they
> claim that the software is not actually yours, but that you only
> licensed it. Several courts however have found it does in fact meet
> the criteria of a sale and therefore have upheld the first sale
> doctrine.]
>
>
> They have court cases to back up their claim.
> kurttrail and others were correct according to this site.


Depends on *which* OEM version you buy. I buy Microsoft-branded retail OEM
versions. The only condition, according to its EULA, is that it be bought
with qualifying hardware (but vaguely alludes to what qualifies). So you
can buy it with a power cord. The license is tied to that qualifying
hardware. The EULA never states that the qualifying hardware's license gets
usurped from that qualifying hardware when used in a larger system. So you
can move the power cord to another computer and the license goes with it.
Just buy qualifying hardware that is usable in every computer in the
foreseeable future under which you will continue to want to use that version
of Windows. The Microsoft-branded retail OEM version must be purchased with
qualifying hardware, as per the EULA.

If it is a vendor-branded OEM, it is likely that the qualifying hardware is
the entire computer. The license sticks with that host. You can change the
hard drive, motherboard, RAM, and video card in that host but the license
sticks with that host. Also, some vendors will bastardize their OEM version
so it is BIOS locked. That means that particular OEM version will only work
on a particular brand and model.

Volume licenses must remain within the organization to which the license was
sold. Someone selling a "Corporate Edition" is making pirated copies of the
software onto distribution media and slicing off the licenses but those
copies are NOT going to members within that organization (i.e., the seller
isn't selling to himself).

A pirate can say whatever they want. What, you thought someone immoral
enough to pirate software but feels compelled to tell the truth? They steal
but, oh no, they would never lie? Phish mail always has some legitimate
links or images. After all, they're lying about them being legitimate.

The "Not For Resale" means they got the copy as part of an agreement that
they made with Microsoft to obtain a free version, usually because the
recipient is a developer or a partner with Microsoft using Microsoft's
software to code an application to run using Microsoft's software. NFR
means it is an illegal copy. It isn't pirated in the sense that the pirate
had to cut a CD and fake a label and packaging or just ship off the bogus CD
with a phony product key. Here they have the product all nicely wrapped up
by Microsoft when it was given to them, and then they turned around and
violated the contract they made with Microsoft to RESELL it. Of course it
will have all the hologram, CD markings, product key sticker, and whatnot
because Microsoft produced the product; however, it is an NFR version which
obviously means that NO ONE CAN EVER SELL IT. It doesn't really look like
they are giving it away for free unless you believe $140 is their shipping
and handling cost.

http://www.microsoft.com/windowsxp/pro/eula.mspx
Read section 8.

http://www.microsoft.com/presspass/p...MAPSDecPR.mspx
Read last sentence of first paragraph.

http://www.microsoft.com/piracy/how_types.mspx

http://www.microsoft.com/resources/h...unterfeit.mspx
A product marked NFR that is sold is a counterfeit product.

The court cases or law that are provided via links at this seller's sight do
NOT apply against contract law. When you receive an NFR product, you agree
to the contract terms - and that prohibits you from selling that copy. In
fact, I didn't see that any of the links were applicable. They're just
pushing crap in your face and hoping you can't see through it.

By the way, all those laws will do YOU no good when sitting in civil court
with your lone lawyer trying to convince a judge that you are right while
Microsoft has 17 lawyers in the courtroom and several dozen paralegals
working against you. Just because [you think] the law is on your side
doesn't mean you will win. When Microsoft gets the FBI to come into your
business to confiscate all your hardware and other computer-related assets
which shuts down your business, can you afford to fight your way to an
improbable win and really think your business will survive by then?

--
__________________________________________________ _____
** Post replies to the newsgroup. Share with others. **
For e-mail, remove "NIX" and append "#VC811" to Subject.
__________________________________________________ _____

"GregRo" <webworm11@lycos.com> wrote in message
news:41uaa9F1fo592U1@individual.net...
> Normally I would not get into this debate.
> People have asked for court cases as prove.
> According to this site. They have court cases as prove.
>
>
> (Sorry if duplicate post)
>
> On this page they claim their software is genuine and even give the
> Microsoft piracy address.
>
> http://www.edirectsoftware.com/produ...oduct_id=16230
>
>
> OEMs can be sold according to this site
> http://www.edirectsoftware.com/hologram.php
>
> [Is it legal to sell OEM / CD Only software?
>
> This is a great question, many of the software companies would like
> you to believe the answer is no and often attempt to scare customers
> by placing text on the CD that says, for example; For distribution
> with a new pc only or something to that effect, but rest assured it
> is in fact legal to purchase OEM software. The truth is that the First
> Sale Doctrine protects our right, as well as yours to sell OEM / CD
> Only software.
>
> Software companies have attempted to circumvent the first sale
> doctrine by creating elaborate licensing agreements, in which they
> claim that the software is not actually yours, but that you only
> licensed it. Several courts however have found it does in fact meet
> the criteria of a sale and therefore have upheld the first sale
> doctrine.]
>
>
> They have court cases to back up their claim.
> kurttrail and others were correct according to this site.


To make it simple: if it were legal, the seller wouldn't have to bother
making all those claims about legality.

When you buy a car, do you research all the laws regarding that dealer's
legal rights to sell that product? If the dealer started spewing all that
crap, do you really think he is legit?

And, where do you live? What country are you referring to?

--

Regards,

Richard Urban (using Windows Vista 5270)
Microsoft MVP Windows Shell/User

Quote from George Ankner:
If you knew as much as you think you know,
You would realize that you don't know what you thought you knew!

"GregRo" <webworm11@lycos.com> wrote in message
news:41uaa9F1fo592U1@individual.net...
> Normally I would not get into this debate.
> People have asked for court cases as prove.
> According to this site. They have court cases as prove.
>
>
> (Sorry if duplicate post)
>
> On this page they claim their software is genuine and even give the
> Microsoft piracy address.
>
> http://www.edirectsoftware.com/produ...oduct_id=16230
>
>
> OEMs can be sold according to this site
> http://www.edirectsoftware.com/hologram.php
>
> [Is it legal to sell OEM / CD Only software?
>
> This is a great question, many of the software companies would like
> you to believe the answer is no and often attempt to scare customers
> by placing text on the CD that says, for example; For distribution
> with a new pc only or something to that effect, but rest assured it
> is in fact legal to purchase OEM software. The truth is that the First
> Sale Doctrine protects our right, as well as yours to sell OEM / CD
> Only software.
>
> Software companies have attempted to circumvent the first sale
> doctrine by creating elaborate licensing agreements, in which they
> claim that the software is not actually yours, but that you only
> licensed it. Several courts however have found it does in fact meet
> the criteria of a sale and therefore have upheld the first sale
> doctrine.]
>
>
> They have court cases to back up their claim.
> kurttrail and others were correct according to this site.
>
>
> Greg Ro
>
>

Greg;
You seem to be missing the fact that there are two main types of OEM.
1. The generic type that is often sold to nearly anyone often with a piece
of hardware.
2. The OEM normally shipped with a new computer.

#1 is manufactured by Microsoft and can be installed on any computer.
#2 is manufactured by the computer manufacturer and is not displayed on that
page.
#2 also often can not be installed on a computer from a different
manufacturer because of BIOS lock or other technical methods.

No one says #1 can not be sold, but #2 may have complications even if you
ignore the EULA.

--
Jupiter Jones [MVP]
http://www3.telus.net/dandemar
http://www.dts-l.org


"GregRo" <webworm11@lycos.com> wrote in message
news:41uaa9F1fo592U1@individual.net...
> Normally I would not get into this debate.
> People have asked for court cases as prove.
> According to this site. They have court cases as prove.
>
>
> (Sorry if duplicate post)
>
> On this page they claim their software is genuine and even give the
> Microsoft piracy address.
>
> http://www.edirectsoftware.com/produ...oduct_id=16230
>
>
> OEMs can be sold according to this site
> http://www.edirectsoftware.com/hologram.php
>
> [Is it legal to sell OEM / CD Only software?
>
> This is a great question, many of the software companies would like
> you to believe the answer is no and often attempt to scare customers
> by placing text on the CD that says, for example; For distribution
> with a new pc only or something to that effect, but rest assured it
> is in fact legal to purchase OEM software. The truth is that the First
> Sale Doctrine protects our right, as well as yours to sell OEM / CD
> Only software.
>
> Software companies have attempted to circumvent the first sale
> doctrine by creating elaborate licensing agreements, in which they
> claim that the software is not actually yours, but that you only
> licensed it. Several courts however have found it does in fact meet
> the criteria of a sale and therefore have upheld the first sale
> doctrine.]
>
>
> They have court cases to back up their claim.
> kurttrail and others were correct according to this site.
>
>
> Greg Ro

GregRo wrote:
> Normally I would not get into this debate.
> People have asked for court cases as prove.
> According to this site. They have court cases as prove.
>
>
> (Sorry if duplicate post)
>
> On this page they claim their software is genuine and even give the
> Microsoft piracy address.
>
> http://www.edirectsoftware.com/produ...oduct_id=16230
>
>
> OEMs can be sold according to this site
> http://www.edirectsoftware.com/hologram.php
>
> [Is it legal to sell OEM / CD Only software?
>
> This is a great question, many of the software companies would like
> you to believe the answer is no and often attempt to scare customers
> by placing text on the CD that says, for example; For distribution
> with a new pc only or something to that effect, but rest assured it
> is in fact legal to purchase OEM software. The truth is that the First
> Sale Doctrine protects our right, as well as yours to sell OEM / CD
> Only software.
>
> Software companies have attempted to circumvent the first sale
> doctrine by creating elaborate licensing agreements, in which they
> claim that the software is not actually yours, but that you only
> licensed it. Several courts however have found it does in fact meet
> the criteria of a sale and therefore have upheld the first sale
> doctrine.]
>
>
> They have court cases to back up their claim.
> kurttrail and others were correct according to this site.
>
>
> Greg Ro

I don't think very many people would question the legality of the sale. What
is being broken is an agreement between Microsoft and an OEM partner. The
buyer is doing nothing illegal. The seller is most likely not doing anything
illegal either. The OEM who originally purchased the product isn't living up
to their agreement with Microsoft. Microsoft can cancel the agreement and
forbid further sales to them. They may even be able to sue them for breach
of contract. The end user who purchases the product also can't expect any
support from Microsoft as with all OEM product support is from the OEM
(whomever first installs the product) which in this case is the end user. In
other words there is no support. This is usually not disclosed to the end
user and is the cause of a lot of problems.

Kerry

I believe your analysis is the correct one. The claim that the sale is
'illegal' is a shorthand, and inaccurate, way of describing the issues you
mention. AFAIK you can also add to the issues that the purchaser may not
have acquired a legal license. In other words, the manufacturer cannot
actually prevent the wholesaler from selling the CD, but they can declare
that the purchaser has not obtained a valid license to use the software, as
the wholesaler lost the legal right to transfer the license when they broke
their re-seller agreement. That claim may be enforceable against the
purchaser. So in theory, the manufacturer could stop the purchaser from
using the software.
--
Jeff Richards
MS MVP (Windows - Shell/User)
"Kerry Brown" <kerry@kdbNOSPAMsys-tems.c*a*m> wrote in message
news:OMJGBYCEGHA.2708@TK2MSFTNGP11.phx.gbl...
> GregRo wrote:
>> snip <
>
> I don't think very many people would question the legality of the sale.
> What is being broken is an agreement between Microsoft and an OEM partner.
> The buyer is doing nothing illegal. The seller is most likely not doing
> anything illegal either. The OEM who originally purchased the product
> isn't living up to their agreement with Microsoft. Microsoft can cancel
> the agreement and forbid further sales to them. They may even be able to
> sue them for breach of contract. The end user who purchases the product
> also can't expect any support from Microsoft as with all OEM product
> support is from the OEM (whomever first installs the product) which in
> this case is the end user. In other words there is no support. This is
> usually not disclosed to the end user and is the cause of a lot of
> problems.
>
> Kerry
>
>

"Vanguard" <vanguard.code@comcastNIX.net> wrote

> can buy it with a power cord. The license is tied to that qualifying
> hardware. The EULA never states that the qualifying hardware's license
> gets

Erm, I believe an OEM version is tied to the first *computer* that it's
installed on...

--
Bob
http://www.kanyak.com

Opinicus wrote:
> "Vanguard" <vanguard.code@comcastNIX.net> wrote
>
>
>>can buy it with a power cord. The license is tied to that qualifying
>>hardware. The EULA never states that the qualifying hardware's license
>>gets
>
>
> Erm, I believe an OEM version is tied to the first *computer* that it's
> installed on...
>

And what constitutes a new computer? If I upgrade everything but the
case is it a new computer? This is not defined in the EULA. Where I
live, generic OEM versions are legally sold without hardware.

--
Alias

Use the Reply to Sender feature of your news reader program to email me.
Utiliza Responder al Remitente para mandarme un mail.

Why would the company claim to be serious about piracy if they are
violating Microsoft rules or are they just using the court case as
proof they can sell that version-regardless of what Microsoft says?


Then what do you people thing about this.

http://www.xent.com/pipermail/fork/2...er/006809.html
http://linuxjournal.com/article/5628

Agree or disagree? One comment is from a lawyer.


To me this is prove enough that you can sale or resale an OEM not that
was not used as long as you bought it to begin with.


Greg Ro