WinXP Pro OEM - No Hardware Purchase

[Stryker]

Hiya folks,

I just picked up Windows XP Pro OEM because it was on sale for a 15% discount at a site I always shop at and I will be doing a build in the near future. In addition to the 15% off, there was no hardware purchase required, even though it's OEM.

It's a standard OEM version like I've seen many times before:
Here's a scan

I'm just wondering how the site can do this. My first thought was that a supplier can build a "bank" of hardware sold without operating systems, and then use the "credits" to sell OEM OS's without hardware. For example, a supplier sells 10 systems, only 5 were sold with an OS, so can the supplier sell 5 copies of the OS without hardware?

I've just never heard of this before and wanted to get some feedback. I guess I'm mainly concerned that I'm breaking the law, and I have no desire to do so!

Thanks for any opinions,
Stryker (Looking for some peace of mind)

[Statica]

Just because there are rules or laws doesnt mean that people necessarily follow them. I suspect this is one of those grey areas where the vendor is confident that you arent going to report them because you got a good deal out of it. There are no such exceptions to what OEM software can be sold with .. imagine how many copies newegg could sell a minute if people bought qualifying hardware without buying an OS; with their credits alone they dont need to ever ask for qualifying purchases.

[Panama Red]

My source for software also sells the OEM disks without a hardware requirement. Notice the warning label along the edge of the booklet, "For Distribution Only With a New PC". I think it's assumed that we'll be installing it on a new machine rather than updating an old one.

[Statica]

All these XP OEMs are sold as per Microsoft System Builder License. please read: http://oem.microsoft.com/downloads/P...SB_License.pdf from http://www.microsoft.com/oem/sblicen...ntiPiracy.mspx and you will see part 5 from the PDF. Mind you there are sites like http://www.unsanity.org/archives/000427.php that have reported changes to these OEM loopholes for Office and other products.
gist:
5. HARDWARE DISTRIBUTION. If this package contains hardware units, we grant you a nonexclusive right to distribute each hardware unit only with either (a) a fully assembled computer system or (b) other non-Microsoft
computer hardware component
Since you dont have (a) or (b) I dont think its legal.

[Stryker]

Hey guys,
Thanks for the responses.

From what I gather from that licence Statica, is that it's legal to distribute the software providing it's delivered with (a) fully assebled comp, or (b) other non MS hardware. I don't necessarily need to get the hardware from my supplier to comply with the agreement.

1. AUTHORIZED DISTRIBUTION AND ACCEPTANCE. Distribution of individual software licenses or hardware units contained in this Microsoft System Builder Pack (“package”) is not authorized unless you accept this license. You accept this license when you open this package. By accepting this license, you agree that you are a system builder. If you ("you" being my supplier) do not open this package, you may distribute it to another system builder("another system builder" being me). “System builder” means an original equipment manufacturer, or an assembler, reassembler, or installer of software on computer systems. If you choose not to accept this license, promptly return the unopened package to your distributor. Individual software licenses or hardware units cannot be returned after this package is opened.

From what I gather, as long as the final product delivered to the end user (i.e. my customer) has the hardware accompanying the OS, it's ok.

I'm far from a legal-type-guy, but just my take on it.
Thanks again for the responses guys,
Stryker