[windows software] Upgrade/Volume Licences without OEM licence

[BBrian]

I have SA/Volume Licences and have upgraded some of the comptuers here. What's the deal with computers without any previous licences? I want to install Windows on them but believe I have to already have an older/home licence for each machine. I've seen "buy some windows 98 licences off ebay" mentioned, is this really adequate?

[ZeroHour]

I believe you can buy 98 lics and they would cover you as I have heard of companies offering to do this.

You do though need to have a licensed copy of windows on the pc before you can use your VL lics officially.

[BBrian]

I found an eBay auction selling OEM licenses, with this written:

 

Is this legal to install it on my computer for the disc is an OEM-version?

 

The operating system was originally sold together with a computer. After that, the operating system can be seperatet from the computer and sold without it. The "Bundesgerichtshof" (German court) decided in the year 2001 that this practice is legal. So it can be used legally in any country of the European Union.

 

Can anyone comment? If that's true this should be easy enough. Otherwise it's kindof expensive.

[ZeroHour]

I found an eBay auction selling OEM licenses, with this written:

 

 

 

Can anyone comment? If that's true this should be easy enough. Otherwise it's kindof expensive.

I would not really count on that tbh, OEM copies that have never been on a PC would be fine in theory.

[jamesfed]

We usaly just get Vista Basic OEM lics (about £30-50 a pop) slap the sticker on the side of the PC and be done with it

[somabc]

You could make a case that the 1991 Computer Software Directive (EU), as passed into Law in the UK (in full) by the Copyright (Computer Programs) Regulations 1992 (UK) covers selling OEM copies.

 

The first sale in the Community of a copy of a program by the rightholder or with his consent shall exhaust the distribution right within the Community of that copy, with the exception of the right to control further rental of the program or a copy thereof. (Article 4 ©)

 

Selling OEM Windows copies ? you can do it in Europe ? The Register

 

The Copyright (Computer Programs) Regulations 1992

 

http://www.mayerbrown.com/publications/article.asp?id=3300&nid=6

 

The German courts have found that selling Physical Copies is fine but downloaded software is not.

Edited August 24, 2010 by somabc

[m25man]

OEM operating systems are restricted for sale with new Hardware are they not?

 

Therefore buying them aftermarket and applying the license retrospectively would clearly not be legal and as such a waste of money!

 

As suggested previously if the hardware has no qualifying operating system installed or linked to it through an OEM sticker I would be looking at buying Vista or Win7 basic licenses as your qualifier.

 

I actually got caught by this in an audit where M$ asked to see copies of purchase invoices for PCs with the OS identified.

An invoice for 30 OEMS you bought off eBay 2 years after the machine purchases will not be acceptable to them for sure!

[BBrian]

Can anyone suggest a retailer who will sell me cheap licences, whether they be old or windows 7.

[chazzy2501]

Are these unstickered computers donated to you? Microsoft used to offer free windows 2000 licences for schools who received unlicened PCs.

 

EDIT: Sorry, the program was called fresh start and has been discontinued!

Edited September 27, 2010 by chazzy2501

[HC_Netman]

Microsoft do a Get Genuine license for computers that don't have an operating system. They are far from cheap though. You cannot buy the OEM licenses once you have the machine, as m25man says they are purely for sale with new hardware. If you have a volume license agreement in place already then seek advice from whoever that is with and they should be able to advise you on the cheapest route.

[localzuk]

OEM operating systems are restricted for sale with new Hardware are they not?

 

Therefore buying them aftermarket and applying the license retrospectively would clearly not be legal and as such a waste of money!

 

As suggested previously if the hardware has no qualifying operating system installed or linked to it through an OEM sticker I would be looking at buying Vista or Win7 basic licenses as your qualifier.

 

I actually got caught by this in an audit where M$ asked to see copies of purchase invoices for PCs with the OS identified.

An invoice for 30 OEMS you bought off eBay 2 years after the machine purchases will not be acceptable to them for sure!

 

That is why people above have brought up the UK copyright act and the German ruling - pointing out that once the item is sold, it can be resold - but this is something that you'd have to pass by a UK copyright lawyer, that's for sure.

 

Edit: Insight have Windows 7 Home Premium for £66 ish.

Edited September 27, 2010 by localzuk

[Cools]

Lite reading... Found this

 

ALL OEM copies can only be installed clean: (that is, the hard

drive must be formatted before XP OEM can be installed). They cannot be

used to perform an upgrade of an existing Operating System so make sure

you back up all necessary data and files BEFORE installing XP OEM, since

the format of the Hard Drive will erase ALL data on it.

 

There are two types of OEM CDs:

1) an OEM version created by a system manufacturer. These copies are

usually "BIOS-locked", and can only be used on the exact machine they

were created for.

2) a "FULL OEM", or "FULL OEM DSP". These may be installed on any IBM-

compatible machine. These may or may not be provided with a factory-

built machine, but are usually purchased separately for installation a

home-built machine.

 

You will be making a trade-off in buying an OEM version. YOU will trade

the ability to upgrade an existing installation of Windows (and save

your data and programs) and the legal right to install the copy on a

new machine, (if you should change your old machine for a new one), for a

big savings in the initial cost of Windows XP.

 

 

NOTE: OEM versions must legally be sold along with a hardware item, but

in many cases this hardware item may be a power-cord (usually a £1) or

mouse (they might even give you the mouse to satisfy Microsoft's

licensing requirements)

 

add-on from MS forums : http://social.answers.microsoft.com/Forums/en-US/w7install/thread/865db665-719b-43c5-8847-5a88eb99353f

Edited September 27, 2010 by Cools

[BIST]

There are 2 sides to this

 

1) is the above where european court rulings etc are involved and it is a very very grey area and the sheer fact you are asking the question i would steer clear of this solution.

 

That solution is to just purchase the cheapest oem licence you can get your hands on This includes 2000 Pro, NT4 and Windows 98 & 98 SE Windows Vista Business and Windows XP Professional upgrade licenses under the volume licensing agreement

 

2) This is the correct way to licence is via Get Geniune education licence

 

When you license a desktop operating system through Microsoft Volume Licensing programs, it’s important to understand that only UPGRADE licenses for Windows are available—FULL operating system licenses are not offered. Prior to licensing a Windows Upgrade through your School Agreement, you need to have a full underlying license for a qualifying operating system for each PC. (Qualifying operating systems are listed in the Microsoft Volume Licensing Product List, which you can find at Microsoft Volume Licensing - Product Licensing.) There are two ways for you to get the necessary full operating system license:

1. For newly manufactured PCs, the best way to acquire that license is to have the Original Equipment Manufacturer (OEM) pre-install Windows on the PC.

2. If the OEM has not pre-installed Windows on the PC, then you can purchase a full Windows license through retail full packaged product (FPP).

If you discover that you have existing PCs that lack the necessary full license for a qualifying operating system, talk to your Microsoft reseller about the Get Genuine Windows Agreement for Academic (GGWA-A). GGWA-A provides a simple, cost-effective way for you to acquire full licenses for Windows 7 Home Basic. These licenses fulfill your requirement for a full qualifying operating system. Once you have acquired the full operating system license, you are then eligible to license those PCs for Windows 7 Enterprise Upgrade* through your School Agreement

 

Microsoft will tell you that

 

Shaun Dibble

MCP for Licensing

Edited October 12, 2010 by BIST