Is this legal?

Discussion in 'Community Discussion' started by todd2000, Jul 25, 2006.

  1. todd2000 macrumors 68000

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    #1
    I might be in the market for a full version of XP soon (if I get an iMac). I was browsing around and foud this http://www.newegg.com/Product/Product.asp?Item=N82E16837102059. It appears to be a full OEM version for less the 1/2 the price. The middle picture says "For Distribution Only With a New PC" on the manual. So my questions are, is this a full version, and is it legal to be selling this since it will not be "Distributed With a New PC"?
     
  2. Cybix macrumors 6502a

    Cybix

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    #2
    I think it explains itself. 'for distribution only with a new PC'.

    you answered the legality yourself!

    Unless you could somehow say, it was once distributed with a new PC, now the original owner is re-selling it. hrmmmmmm
     
  3. cleanup macrumors 68030

    cleanup

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    #3
    Maybe Newegg expects you to order a tower from their website as well.

    Who cares? If it's illegal, Newegg will take the heat—not you.
     
  4. Peace macrumors P6

    Peace

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    #4
    Thats perfectly legal..You can buy OEM versions from places like newegg.Which BTW was started by Paul Allen..

    Usually you have to buy something like a powerstrip or the like.
     
  5. katie ta achoo macrumors G3

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    May 2, 2005
    #5
    Ignorance of the law is no excuse.

    the OP is questioning it, so he's not really ignorant of it. Knowingly buying a piece of software, then installing it in a manner that does not comply with the license agreement would be HIS doing, not newegg's.
     
  6. todd2000 thread starter macrumors 68000

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    #6
    Yeah but Newegg couldn't just sell it to anyone if that was the case, wouldn't Microsoft be all over them?
     
  7. balamw Moderator

    balamw

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    #7
    Has been covered to death in the Windows on Mac forum. These OEM licenses are covered by the System Builder License, and have a few restrictions associated with them that a full retail packaged product does not.

    The most pertinent one is that once it has been attached to a new PC, you cannot transfer this to another computer.

    The other, which is less relevant to Macs, is that you can only perform a clean install from OEM media, and can't upgrade an earlier windows install.

    B
     
  8. todd2000 thread starter macrumors 68000

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    #8
    Mabye it's too late, but Im not following the powerstrip referance? :)
     
  9. todd2000 thread starter macrumors 68000

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    #9
    SO as long as I install it on my iMac, and never install it on any other comouter im fine? Just to make sure I understand?
     
  10. balamw Moderator

    balamw

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    #10
    Used to be you had to buy it with "essential hardware", so Newegg would insist you but a $2 power cord with the OEM license, if you weren't buying a CPU, mobo or HDD.

    Here's a long thread about this issue. Read the linked licenses and decide on the legality yourself.

    http://forums.macrumors.com/showthread.php?t=193637

    B
     
  11. Nermal Moderator

    Nermal

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    #11
    You can buy Microsoft software at the OEM price if you buy a piece of hardware at the same time. Qualifying hardware includes RAM, CPUs, hard drives, motherboards, and one other component (I've forgotten what). Most people bundle it with a hard drive, but RAM is also a popular option.
     
  12. balamw Moderator

    balamw

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    #12
    This is no longer true. MS says they "eliminated the buys some hardware loophole", but the system builder license allows for OEM licenses to be resold as long as they have not been installed on a PC.

    B
     
  13. Nermal Moderator

    Nermal

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    #13
    Hmm, the licence used to allow resale to another system builder but that may have changed now.
     
  14. balamw Moderator

    balamw

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    #14
    Yeah, but system builder is defined at least partially as one who installs software on PCs.

    http://oem.microsoft.com/downloads/Public/sblicense/English_SB_License.pdf

    B
     
  15. todd2000 thread starter macrumors 68000

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  16. balamw Moderator

    balamw

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    #16
    It's Windows. What did you expect. :p

    There are so many different Windows packages and ways that it is licensed that it is enough to drive anyone batty.

    B
     
  17. todd2000 thread starter macrumors 68000

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    #17
    LOL, It seems from reading (and barely understanding) the license that it is legal, but some quotes bother me still such as

    So whats the deal with that? It seems to say that it MUST be purchased with a system God I hate MS!!!! But I keep windows around just in case I ever need it for something
     
  18. balamw Moderator

    balamw

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    #18
    I interpret that as, the system builder (i.e you), can distribute the license you have obtained to a third party (i.e. someone else) along with a complete system.

    FWIW as it says the terms of the license only apply to you once you have opened the OEM license pack.

    Once again IANAL, but I do read enough legalese to know how they think...

    B
     
  19. todd2000 thread starter macrumors 68000

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    #19
    Well yes, but won't I have to open the pack to install it? :)
     
  20. balamw Moderator

    balamw

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    #20
    Yes, but you are then free to distribute the license you have installed on the Mac to yourself, along with the Mac. ;)

    [And then to someone else if you (now known as the end user) and bound by the EULA instead of the SBL resell the computer and Windows license]

    Isn't Windows fun!

    B
     
  21. todd2000 thread starter macrumors 68000

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    #21
    Oh yes loads..... :)

    I guess im going to buy it, when the time comes, I mean when you think about it im not buying it off of E-Bay or something, it's Newegg which is a reliable source, I assume they couldn't just sell it willy-nilly to any Tom Dick or Harry, if it wasn't totally legal otherwise im sure MS wouldn't be very happy with them. Besides Im lucky if I use windows for like an hour or 2 a week :) Theres really only one or 2 things I use it for on occasion, it would just be nice to do it all on one computer.
     

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