So it's technically illegal to install OEM software with a computer you built?

Azureth

Azureth

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I was reading another tech forum and someone made a topic about OEM software. From the posts people said that it's technically illegal to buy parts for a computer, build it for yourself and then install an OEM for W7 or 8; that it's only legal if you build it for someone else or sell it along with parts to someone else, is that true? I have built many a computer where I have bought all the parts along with an OEM W7 from newegg, so have I technically been doing something illegal all this time? Not that Microsoft would ever know but I am just curious.
 
do you mean illegal as breaking the law or illegal as in against the TOS?

in either case i dont think the police or microsoft are going to raid anyone's house to enforce this
 
lazy28 said:
This article is kind of long, but it pretty much answers your question. http://www.zdnet.com/blog/bott/is-it-ok-to-use-oem-windows-on-your-own-pc-dont-ask-microsoft/1561
Click to expand...

That's for windows 7, and is obsolete info. Here's the same author on the subject of 8.1 OEM:

http://www.zdnet.com/everything-you-need-to-know-about-your-windows-8-1-upgrade-options-7000021554/

Long story short: MS briefly officially allowed OEM to be used on personal PCs for Win8, but rescinded that with 8.1, so we are back to the state pstang describes.
 
Azureth said:
I was reading another tech forum and someone made a topic about OEM software. From the posts people said that it's technically illegal to buy parts for a computer, build it for yourself and then install an OEM for W7 or 8; that it's only legal if you build it for someone else or sell it along with parts to someone else, is that true? I have built many a computer where I have bought all the parts along with an OEM W7 from newegg, so have I technically been doing something illegal all this time? Not that Microsoft would ever know but I am just curious.
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I wouldn't read those 3rd party sites. Go directly to the source.

The media that you're talking about is called OEM System Builder license.

Microsoft OEM System Builders Guide (about halfway down).

The only requirement is that you (the OEM) provide support and that the license cannot be transferred. It doesn't say anything about not being able to keep the computer you build.
 
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bigdogchris said:
I wouldn't read those 3rd party sites. Go directly to the source.

The media that you're talking about is called OEM System Builder license.

Microsoft OEM System Builders Guide (about halfway down).

The only requirement is that you (the OEM) provide support and that the license cannot be transferred. It doesn't say anything about not being able to keep the computer you build.
Click to expand...

"If you are building a system for your personal use or installing an additional operating system in a virtual machine, you will need to purchase Windows 8 software or a Microsoft retail version of Windows 8.1 software. Windows 7 and Windows 8.1 system builder software does not permit personal use, and is intended only for preinstallation on customer systems that will be sold to end users."

http://www.microsoft.com/oem/en/licensing/sblicensing/Pages/windows-licensing-for-personal-use.aspx

Link to that page found on Microsoft's Licensing FAQ page.
 
evilsofa said:
"If you are building a system for your personal use or installing an additional operating system in a virtual machine, you will need to purchase Windows 8 software or a Microsoft retail version of Windows 8.1 software. Windows 7 and Windows 8.1 system builder software does not permit personal use, and is intended only for preinstallation on customer systems that will be sold to end users."

http://www.microsoft.com/oem/en/licensing/sblicensing/Pages/windows-licensing-for-personal-use.aspx

Link to that page found on Microsoft's Licensing FAQ page.
Click to expand...

Wow, that's dumb. I mean how would Microsoft even know if you built your own computer and installed OEM on it?
 
Azureth said:
Wow, that's dumb. I mean how would Microsoft even know if you built your own computer and installed OEM on it?
Click to expand...

You buy Win8.1 OEM, break open the package and attempt to install it, but find that the computer you have is unable to run it. You then attempt to return the Win8.1 OEM for a refund, but whoever sold it to you won't refund you because it's been opened. (This happens all the time.)

You then attempt to sue Microsoft to get your money back, and lawyers get in on the act and attempt to make it a class action lawsuit. Nope, that never happens, because Microsoft covered their butt with this.
 
evilsofa said:
"If you are building a system for your personal use or installing an additional operating system in a virtual machine, you will need to purchase Windows 8 software or a Microsoft retail version of Windows 8.1 software. Windows 7 and Windows 8.1 system builder software does not permit personal use, and is intended only for preinstallation on customer systems that will be sold to end users."

http://www.microsoft.com/oem/en/licensing/sblicensing/Pages/windows-licensing-for-personal-use.aspx

Link to that page found on Microsoft's Licensing FAQ page.
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Did you keep reading? Look at the 3 columns, they contradict themselves.

Under 8

OEM System builder product may be purchased.

Can only be used as the OS on a PC you build for personal use, or as additional operating system running in either a local virtual machine or in a separate partition, subject to additional terms.
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I also see it says you can legally transfer the license now. In XP days I pretty sure it said you couldn't.
 
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bigdogchris said:
Did you keep reading? Look at the 3 columns, they contradict themselves.

Under 8


I also see it says you can legally transfer the license now. In XP days I pretty sure it said you couldn't.
Click to expand...

As evilsofa said, Win7 and Win8.1 OEM is not for personal use per TOS. The FAQ even says "Full packaged retail product is needed."

Win8 OEM can be for personal use, per ToS. "OEM System Builder product may be purchased."

They don't contradict themselves, they changed the ToS between the different versions.
 
j-sta said:
As evilsofa said, Win7 and Win8.1 OEM is not for personal use per TOS. The FAQ even says "Full packaged retail product is needed."

Win8 OEM can be for personal use, per ToS. "OEM System Builder product may be purchased."

They don't contradict themselves, they changed the ToS between the different versions.
Click to expand...
They shouldn't use a blanket statement if it doesn't in fact cover all products. That's where I see the contradiction.
 
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