OEM Software

[donaldfleming]

I came across legal advice on on eBay regarding the sale and purchase of OEM software (see link below).

eBay Guides - OEM Software Is it legal

Could someone give further clarification:

If I bought OEM software (e.g. Microsoft Office 2003) together with hardware, could I legally install and use it on my computer?

My computer is 5 years old and was manufactured by Dell.

I am not in the process of building a computer.

[pam123]

This from the Ebay site says it all :

Buyers may purchase the software providing that the seller is also selling the software with a hardware item. A careful buyer should make sure when checking the listing that there is a hardware item included in the sale. Also, find out what the item is exactly. "

So a random box of screws won't do it but cables, memory modules, or replacement drives, and so on, would qualify.

[Nuclear Krusader]

Even a keyboard would do it.

[donaldfleming]

Hi Pam,

Thanks for your prompt reply.

I realise that it's legal for a legit business to sell me OEM software with a piece of hardware. But what I require clarification on is: is it legal for me to download and use this software, given that I have a 5 year-old dell computer and am not in the process of building a new computer?

I thought that the general principle behind the distribution of OEM software was that it was only permitted for installation on a newly built computer.

I appreciate the time that you are taking to assist me in this matter. Thanks again.

Donald

[edfair]

OEM was meant for new hardware builds or upgrades. Microsoft licensed it to the resellers that way.

By getting hardware that is new to your computer, whether you install it or not, qualifies it as an upgrade sale.

[Nuclear Krusader]

I don't really think M$ will care. Just buy the OS by itself if the seller will sell it to you. If not or if you want peace of mind, then just buy a mouse or some cheap HW with it.

I'd worry more about whether your old system will take the new OS than incurring in the ire of M$. Point in fact, anyone who uses anything older than Windows 7 is incurring in the ire of M$ right now, especially those of us still running machines with XP.

[glc]

Nuk, he's looking at OEM Office, not an OS.

Go ahead and buy it. It will install and activate. However, I'd be a bit cautious about buying software on Ebay. I would DEFINITELY NOT buy it if it's only offered as a download - only buy it as factory sealed media with a certificate of authenticity and CD key.

[pam123]

Originally Posted by donaldfleming Hi Pam, Thanks for your prompt reply. I realise that it's legal for a legit business to sell me OEM software with a piece of hardware. But what I require clarification on is: is it legal for me to download and use this software, given that I have a 5 year-old dell computer and am not in the process of building a new computer? I thought that the general principle behind the distribution of OEM software was that it was only permitted for installation on a newly built computer. I appreciate the time that you are taking to assist me in this matter. Thanks again. Donald

I would not buy a download of Microsoft Office from an unknown source.

The rule for OEM software is that it comes with hardware, any computer hardware will do ( I got a free Corel Office Suite in 2000 when I bought a Lexmark printer), you do not need a new computer.
If you're looking to save money on an Office Suite why not just get Open Office?
You can set it up to be compatible with Microsoft's Office so that needn't be a concern and it's free, which is certainly a savings.

[David M]

The real thing from a reseller you know is legitimate probably does not cost that much more plus you get piece of mind that you are not getting ripped off by yet another Ebay scam.

Ebay is sour grapes for me because I have been burned one too many times. Ebay seems to be where the criminals go to sell their wares. Yes, most vendors on Ebay are legitimate, but good luck trying to discern the crooks from those who are legitimate. Ebay is too much of a crap shoot for me.

[donaldfleming]

Hi Pam,

If a seller advised that they would be supplying a piece of hardware that is non-functional, would this affect compliance?

[glc]

Compliance is not worth worrying about. If it's legitimate OEM software, factory sealed, with a COA and a key, just buy it. Nobody that counts is going to care whether you buy it with hardware or not.

I am not advocating piracy. OEM is a legitimate way to save on software. Microsoft isn't going to care at the end user level.

[pam123]

Originally Posted by glc Compliance is not worth worrying about. If it's legitimate OEM software, factory sealed, with a COA and a key, just buy it. Nobody that counts is going to care whether you buy it with hardware or not. I am not advocating piracy. OEM is a legitimate way to save on software. Microsoft isn't going to care at the end user level.

Ditto.

[SARGE]

I have many, many copies of Windows OS as OEM. As you say, sealed with the legit stuff. I didn't know the cheaper versions existed until sales at Fry's suggested it one day years ago.