Where System Builders Talk Shop... : Licensing

Can a system builder sell an OEM copy of Windows Vista without attaching it to a peice hardware?

BOBblog — Sat, 24 Feb 2007 10:31:00 GMT

YES! YES! YES you can!!!!!!! As long as you do not open the package AND the end user is assembling their own PC (at that point the user is considered a system builder). As of August 2005, the licensing changed on all of the OEM licensing packs—1, 3, and 30.

If you open the pack, you must preinstall. If you are planning to preinstall OEM software onto new machines,

buy in the correct denominations (1, 3, or 30)
open the packs and
distribute the individual software licenses preinstalled on the new machines you are building.

If you don’t open the pack, you can redistribute to other system builders without any hardware. If you are planning to distribute software only to other system builders,

buy in the correct denomination (1, 3, or 30)
don’t open the pack, and
redistribute unopened packs to other system builders without any hardware.

OEM system builder software packs are intended for PC and server manufacturers or assemblers ONLY. They are not intended for distribution to end users. Unless the end user is actually assembling his/her own PC, in which case, that end user is considered a system builder as well.

For more details go here:

http://oem.microsoft.com/script/contentPage.aspx?pageid=555857

Windows Vista Downgrade rights

BOBblog — Fri, 12 Jan 2007 23:59:00 GMT

I have had the following question asked to me quite often so I figure it was worth posting:

Can I downgrade my OEM version of Microsoft Windows Vista Business to Windows XP Professional?

Yes. OEM Downgrade Rights for desktop operating systems apply to Windows Vista Business & Vista Ultimate as stated in the License Terms. Please note, OEM downgrade versions of Windows Vista Business and Vista Ultimate are limited to Microsoft Windows XP Professional (including Tablet PC Edition & x64 Edition). End users can use the following media for their downgrade: Volume Licensing media (provided the end user has a Volume Licensing agreement), Retail (FPP), or System Builder hologram CD (provided the software is acquired in accordance with the Microsoft OEM System Builder License). Use of the downgraded operating system is governed by the Windows Vista Business License Terms, and the end user cannot use both the downgrade operating system and Windows Vista Business. There are no downgrade rights granted for Microsoft Windows Vista Home Basic or Home Premium.”

BoB

A funny thing happened to me while in Florida...

BOBblog — Wed, 01 Nov 2006 07:18:00 GMT

So I was talking to a group of System Builders while presenting at a road show in Florida. One of the System Builders in the audience made a comment that he was annoyed that every time someone came in with a machine that needed the OS reinstalled, he had to call to have it activated. That struck me as a little odd so I asked a couple qualifying questions and found out that these were typically machines made by Dell, HP, etc. I asked if he was using the reinstall disk that came with the computer and he indicated to me that no he was using a copy he had on hand and using the COA number on the side to activate it. I took the opportunity to inform him that what he was doing violated the System Builder license.

Well I am pretty sure you could see the explosion from space. Needless to say this was not only a revelation to many of the partners in the room but it was also cause for great consternation and anger. Well the fact is, it's a tough situation. A customer comes in and just wants their machine fixed and they are looking to you to do it. In order to be fully license compliant, however, you have to use the restore disk that came with the system. Now I understand that often times these computers don't come with restore disks but with images on the hard disk that can be used to create recovery media. The problem is that often times the consumer chooses not to be diligent in storing their installation CD's and various backups of their software. So you want to help out the customer but you also don't want to do something that violates the OEM license. I am wondering if anyone has any ideas on how we can make this situation better for both the System Builder and the consumer.