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Software => Computer software => Topic started by: jim.mar on October 05, 2010, 01:36:46 PM

Title: OEM software purchased from site "B" legal?
Post by: jim.mar on October 05, 2010, 01:36:46 PM
I just assembled a new computer for myself using parts purchased form Part House "A".  At that time I also purchased an OEM copy of Windows 7 from the same parts house ("A").  Later I went shopping for an OEM copy of Microsoft Office 2007 which I found much cheaper at site "B".  Question is it legal for me to buy the cheaper version from "B"??   They say it is legitimate Microsoft software in its original packaging.  This is my first attempt at building a machine and I am not versed in these intracacies.  Thank you for reading this and for any advise that you may have.   
Title: Re: OEM software purchased from site "B" legal?
Post by: Chrisxs5 on October 05, 2010, 01:39:30 PM
Yes, as long as you hold the license it is legal to install the software on as many PC's that the license allows. It does not matter that they were purchased seperately.
Title: Re: OEM software purchased from site "B" legal?
Post by: soybean on October 05, 2010, 03:16:13 PM
OEM version of Office?  I don't believe there is such a thing.  So, I'd suspect this is illegal software.  Would you care to name source "B"? 

Now, Window OS, on the other hand, is issued on OEM editions.
Title: Re: OEM software purchased from site "B" legal?
Post by: Salmon Trout on October 05, 2010, 03:50:19 PM
OEM version of Office?  I don't believe there is such a thing.

The software is the same, there is no "OEM version", what is different is the licensing. Unlike retail versions, OEM software is tied to one specific machine and can never be moved. OEM Microsoft Office and OEM Microsoft Windows software can only be sold with a fully assembled computer system. The software must be pre-installed onto the fully assembled system before distribution to a customer and it must be installed using the included OEM Pre-Installation Kit (OPK). In the OEM End-User License Agreement (EULA), there is a clause that states that if you acquire the OEM software without the qualifying hardware (in this case a fully assembled computer system), you cannot use the software. The qualifying hardware must be a computer system consisting of at least a central processing unit, a motherboard, an internally mounted SSD or revolving hard drive, a power supply, and a case. Not a cable or a hard drive.



Title: Re: OEM software purchased from site "B" legal?
Post by: Chrisxs5 on October 06, 2010, 10:44:59 AM
I dont believe the product is OEM software, The key here is "Original Packaging" Actual OEM software does not come in original packaging. I have found that a lot of companies are using "OEM" very loosely since it generally imply's the product to be sold cheaply or at a discount. Also OEM usually doesn't come with the license. If you have the license in hand then you are legally aloud to have that installed on the number of PC it allows. But I believe the best way to solve your question is with one of these to options:

1. Research the company and make the call based on legalality and morals.
2. If looks bad, smells bad and taste bad, odds are it's bad. Walk away.
Title: Re: OEM software purchased from site "B" legal?
Post by: soybean on October 06, 2010, 11:39:42 AM
The software is the same, there is no "OEM version", what is different is the licensing. Unlike retail versions, OEM software is tied to one specific machine and can never be moved. OEM Microsoft Office and OEM Microsoft Windows software can only be sold with a fully assembled computer system. The software must be pre-installed onto the fully assembled system before distribution to a customer and it must be installed using the included OEM Pre-Installation Kit (OPK). In the OEM End-User License Agreement (EULA), there is a clause that states that if you acquire the OEM software without the qualifying hardware (in this case a fully assembled computer system), you cannot use the software. The qualifying hardware must be a computer system consisting of at least a central processing unit, a motherboard, an internally mounted SSD or revolving hard drive, a power supply, and a case. Not a cable or a hard drive.
Right, I was aware of all that.  I know the Windows OS can be purchased in the OEM version, but I was questioning whether Microsoft Office is sold that way.  I don't believe it is.  So, if someone is seeing some seller offering and OEM version of Office, I'd suggest they be very leery of it.  And, yes, as far as I know, Office can be purchased under a volume/multi-user/corporate license which would allow installing the software on multiple computers.  But, that's not "OEM" since it does not involve the restrictions you mentioned (can never be moved to another machine, and the purchase-with-hardware requirements). 

If I look at software sold by a reputable seller such as newegg.com, I see the Windows OS being sold both in "Retail" and "OEM" versions. I do not see an OEM offering for MS Office.
Title: Re: OEM software purchased from site "B" legal?
Post by: rthompson80819 on October 06, 2010, 11:49:07 AM
I don't believe Office was ever sold as OEM, but Works, which is similar was.
Title: Re: OEM software purchased from site "B" legal?
Post by: Salmon Trout on October 06, 2010, 11:49:18 AM
If I look at software sold by a reputable seller such as newegg.com, I see the Windows OS being sold both in "Retail" and "OEM" versions. I do not see an OEM offering for MS Office.

You won't, because such a thing could not exist. An "OEM" install of MS Office would be installed on the machine prior to sale using the SDK. There are no "OEM" install CDs for MS Office.
Title: Re: OEM software purchased from site "B" legal?
Post by: Salmon Trout on October 06, 2010, 12:02:02 PM
I don't believe Office was ever sold as OEM, but Works, which is similar was.

Yes it was (and is) MS Office 2007 and 2010.

Quote
Microsoft OEM System Builder software is licensed to system builders through the license that is affixed to the side of all OEM System Builder packs. Most OEM System Builder software contains an identical software license—the same license covers multiple products.

For example, the same license covers Windows desktop and server licenses, as well as the 2007 Microsoft Office system and other products. This license covers the system builder's right to distribute the software. The OEM System Builder License is an agreement between Microsoft and you, the system builder.

Title: Re: OEM software purchased from site "B" legal?
Post by: jim.mar on October 06, 2010, 12:40:12 PM
Thanks guys.   Well I am getting more confused by the minute.   I bought the hardware from Newegg (A) and found the software on ebay (B). With the qualifying statement:
     
  "In accordance with Microsoft's policy for an OEM item, your purchase will include an as is non working hard drive, motherboard or other qualifying component of our choise." 
 
 
I made the purchase but it did not arrive with any "non working hard drive,motherboard or other qualifying component of our choise."   
 
(It was Office pro 2003 not 2007 as I stated.)
Title: Re: OEM software purchased from site "B" legal?
Post by: Salmon Trout on October 06, 2010, 12:49:14 PM
Well I am getting more confused by the minute.

Why? It's simple. There is no OEM Microsoft Office available to buy. Whatever you buy described as that is pirated. System builders can supply it on a prebuilt complete system ONLY. Not a "component". You have been told all this. If you choose not to believe any of it, go ahead. What some bozo said on Ebay about Microsoft's "policy" means nothing. You have bought pirate software.




Title: Re: OEM software purchased from site "B" legal?
Post by: BC_Programmer on October 06, 2010, 01:04:43 PM
There is no such thing as OEM office; the correct term, I think, would be Volume Licensed (I believe the correct term is Direct Service Provider)- basically, the manufacturer "buys" the licenses in bulk to preinstall on their computers, which they then sell to the consumer; there are special terms in said license between MS and the manufacturer to allow for this implicit transfer of ownership from the manufacturer to the eventual customer; additionally, these versions, just like the SLIC activated versions of windows that most manufacturers use, come pre-activated.

The confusion here is because OEM & DSP are often used interchangeably- but the software itself is marketed along different channels.
OEM is sold to major computer manufacturers. It is labeled with the manufacturers name (Dell, Gateway), and they supply support for the product. The interesting bit here is that although copies of many MS products are called "OEM" there is no "OEM" label anywhere on the disk itself; these are truly, DSP products.


DSP Direct Service Provider software is provided to smaller computer builders, upgraders, service professionals and consultants. It has no branding, the installer still provides some support to the end user.
The requirements for the different manufacturers for the legal sale of this type of software almost always includes that it be bundled with hardware when sold to the end user.

If you are a hobbyist building and selling computers, or a large company with an IT department DSP software is okay as I understand it.
The dangers are in two areas. First the license is to prevent retail sales of OEM/DSP software to individuals (because it then competes with the manufacturers offerings). The other is fraudulent offering of the software for sale, e.g. A person buys a computer that has preinstalled software, and receives the disks with it. He then tries to sell these OEM disks, when the license has already been used, and the transaction doesnt involve the sale of the computer.
Microsoft software must always have the COA, and the license determines the number of users, who provides what kind of support, and the requirements for a legal transaction.

The bold part I suspect is what may have possibly transpired here.
Title: Re: OEM software purchased from site "B" legal?
Post by: Geek-9pm on October 06, 2010, 03:12:52 PM
There is no such thing as OEM office; the correct term, I think, would be Volume Licensed (I believe the correct term is Direct Service Provider)....


Microsoft Office 2007 Basic OEM License Only
Legit from tiger direct. No CD, just the license.
Title: Re: OEM software purchased from site "B" legal?
Post by: BC_Programmer on October 06, 2010, 03:21:44 PM
Microsoft Office 2007 Basic OEM License Only
Legit from tiger direct. No CD, just the license.

OEM=VLK/DSP in those contexts.

also: Welcome back  :)
Title: Re: OEM software purchased from site "B" legal?
Post by: Geek-9pm on October 06, 2010, 07:34:20 PM
Thanks, good to be back. Lost my cookie.

Here is a related item of interest. And it is legit.
Quote
Microsoft HOME USE PROGRAM
Download FAQ's
Order Information
   
Who qualifies for the Home Use Program (HUP)?
The Home Use Program is a Software Assurance benefit available to Microsoft volume licensing customers with active Software Assurance coverage on their Office applications.  Employees who use the covered licenses at work are eligible to purchase these Office applications for use on a home PC during the term of their employment.  This temporary license expires with the employers Software Assurance coverage, or upon termination of employment with the covered customer.
   
How many products can I purchase?
Eligible customers are allowed to purchase one of each product available from the online store.
   
Why do I have to provide my work email address and program code?
To validate you are an eligible employee, we must verify your email domain and program code is from an eligible, participating Microsoft customer.
   
Where do I get my eligible program code?
The benefits administrator responsible for managing the Home Use Program for your company can provide you the appropriate program code for your purchase.
   
Are these products limited license(s)/version(s)?
The functionality of the products available via HUP matches those of retail versions, and provide all the benefits you would receive if you bought it at the store. However, your right to use this software is tied to your company’s continued Software Assurance coverage and your continued employment with that company. Your employer will notify you if their Software Assurance coverage expires.
   
When will I receive my back-up media?
If you purchased back-up media, it can take 1 - 2 weeks to receive it depending on your location and method of delivery.
.....
http://www.microsofthup.com
You can get the HUP for under $20 from MS via Digital River.
Title: Re: OEM software purchased from site "B" legal?
Post by: OpenSource on October 07, 2010, 09:35:25 PM
OMG u guys.  To the OP:  Yes it is legal.

If you buy a windows CD directly from microsoft it is OEM.

If have a re-installation windows CD from Dell, it is not OEM.

sheesh.
Title: Re: OEM software purchased from site "B" legal?
Post by: soybean on October 07, 2010, 10:25:55 PM

If you buy a windows CD directly from microsoft it is OEM.

If have a re-installation windows CD from Dell, it is not OEM.

You're wrong on both points. 
Title: Re: OEM software purchased from site "B" legal?
Post by: BC_Programmer on October 07, 2010, 11:13:17 PM
OMG u guys.
OMG yourself.


Quote
To the OP:  Yes it is legal.
Well I suppose that settles that then. Or it would, if it was true anywhere but your happy fantasy land.

Quote
If you buy a windows CD directly from microsoft it is OEM.
That's either retail, or a "System Builder" edition (which roughly corresponds with DSP)

Quote
If have a re-installation windows CD from Dell, it is not OEM.
That's OEM. because you got it from the Original Equipment Manufacturer. Note when we say OEM we are talking about the equipment manufacturer. Microsoft doesn't make Dells. It doesn't build PCs. it's not an equipment manufacturer (not of the type noted here)

"but I bot my copy off ebay and it saud OEM!"
That's DSP.

It's doubly curious because we aren't talking about windows, but rather Office.

Quote
sheesh.
"sheesh" indeed.
Title: Re: OEM software purchased from site "B" legal?
Post by: OpenSource on October 08, 2010, 02:09:54 PM
You're all wrong.  If you're buying windows from microsoft, it is OEM because microsoft is the manufacturer of windows.  HP did not manufacture windows.  All of the windows discs that we buy seperate have the OEM tag on the disc.

Time 2 get a clue  ::)
Title: Re: OEM software purchased from site "B" legal?
Post by: Salmon Trout on October 08, 2010, 02:35:14 PM
You're all wrong.  If you're buying windows from microsoft, it is OEM because microsoft is the manufacturer of windows.  HP did not manufacture windows.  All of the windows discs that we buy seperate have the OEM tag on the disc.

Time 2 get a clue  ::)

Way 2 post like a *censored*. Who has not got a clue.

Title: Re: OEM software purchased from site "B" legal?
Post by: BC_Programmer on October 08, 2010, 02:39:40 PM
OEM stands for Original Equipment manufacturer. Software is not "equipment". Computer hardware is the equipment that is being referred to by OEM.

Additionally, Software isn't "manufactured" it's developed. the MEDIA that the software goes on is manufactured; but not the OS itself, and neither are the licenses.


from MS themselves:

Quote
3.   What is an OEM license?
ANSWER.  An “OEM” license is a license distributed by an Original Equipment Manufacturer, or an “OEM.”  An OEM is a person or company who builds and sells computers.  Some OEMs also distribute software, especially operating systems such as Microsoft® Windows.

...

6.   What is the difference between OEM product and Full-Packaged Product (FPP)?
ANSWER.  OEM products are intended to be preinstalled on hardware before the end user purchases the product.  They are “shrink wrapped” and do not come in a box like the retail products do.  Full-Packaged Product (FPP) is boxed with CD(s), manuals, and the EULA and is sold in retail stores in individual boxes.  The End User License Agreements (commonly referred to as “EULAs”) for OEM and FPP products are slightly different.  One main difference is that an OEM operating system license (such as the license for Windows) cannot be transferred from its original PC to another PC.   However, the FPP version of Windows may be transferred to another PC as long as the EULA, manual and media (such as the backup CD) accompany the transfer to the other PC.  Also, when a customer purchases an OEM product, the OEM license requires the OEM to provide support for the product.   


That last part is key. If a customer were able to buy a copy of "OEM windows" direct from Microsoft, who would the OEM be that is being referred to? Obviously it isn't MS.
Title: Re: OEM software purchased from site "B" legal?
Post by: OpenSource on October 08, 2010, 02:59:15 PM
So why do all of the windows discs we buy seperately indicate that they are OEM?
Title: Re: OEM software purchased from site "B" legal?
Post by: Salmon Trout on October 08, 2010, 03:21:53 PM
So why do all of the windows discs we buy seperately indicate that they are OEM?

Do they? Where?

Title: Re: OEM software purchased from site "B" legal?
Post by: OpenSource on October 08, 2010, 03:26:40 PM
Do I need to take my camera out, snap a picture, and post it?  Brand new copies of windows with OEM on the front label.
Title: Re: OEM software purchased from site "B" legal?
Post by: Salmon Trout on October 08, 2010, 03:39:30 PM
Do I need to take my camera out, snap a picture, and post it?

Easy with the sarcasm, Einstein.

Quote
Brand new copies of windows with OEM on the front label.

I have been staring at a Windows 7 Professional install disk and an XP Professional one and I cannot see "OEM" anywhere on the disks or packaging, so yes, get that camera out. And a bit of advice: try not to be quite so troll like.

Title: Re: OEM software purchased from site "B" legal?
Post by: OpenSource on October 08, 2010, 03:49:18 PM
ohhh haha ok my bad.  our discs are for system builders only, which is why they must be OEM.
Title: Re: OEM software purchased from site "B" legal?
Post by: OpenSource on October 08, 2010, 03:57:37 PM
"try not to be quite so troll like."

I can't help it...aren't most computer-geek types of people like me socially inept anyway?
Title: Re: OEM software purchased from site "B" legal?
Post by: Salmon Trout on October 08, 2010, 04:12:00 PM
"try not to be quite so troll like."

I can't help it...aren't most computer-geek types of people like me socially inept anyway?

No. I'm not. Being interested in information technology is not a free pass to act like a *censored*.
Title: Re: OEM software purchased from site "B" legal?
Post by: OpenSource on October 08, 2010, 06:51:32 PM
Oh well  :(
Title: Re: OEM software purchased from site "B" legal?
Post by: Geek-9pm on October 09, 2010, 01:25:13 AM
Here is how to get legit software without paying for it out of you own pocket.  ;D

1 . Look all over the internet and locate sites that sell software in vibration of the makers license agreement.
2. Compile a list  and document what proves they are  illegal.
3. Get a nice reward for your work and buy the software of your choice.

For details, goo  http://www.siia.net/

They have an anti-piracy program that will reward you for blowing the whistle on corporate and reseller violations.

Title: Re: OEM software purchased from site "B" legal?
Post by: Salmon Trout on October 09, 2010, 01:38:14 AM
Personally, getting all haughty on CH when people admit using pirated software is as far as I am prepared to go; ratting suppliers out to the BSA or whoever sounds a bit *censored*.
Title: Re: OEM software purchased from site "B" legal?
Post by: BC_Programmer on October 09, 2010, 08:41:51 AM
Personally, getting all haughty on CH when people admit using pirated software is as far as I am prepared to go; ratting suppliers out to the BSA or whoever sounds a bit *censored*.

Well, I can see it with people, who might not even know they have a pirated install, but when we are talking, say, computer stores selling pirated copies as legit for the same price, that's more purposely dishonest in the name of profit; burn a 5 dollar CD (probably less) and poof, they sell it for 200+ dollars, of almost pure profit.
Title: Re: OEM software purchased from site "B" legal?
Post by: OpenSource on October 09, 2010, 09:35:46 AM
I believe the "OEM" in question is that they sell a speical version of windows, office, etc for system builders only.  Building a barebones kit makes you the "manufacturer".
Title: Re: OEM software purchased from site "B" legal?
Post by: Salmon Trout on October 09, 2010, 09:52:38 AM
I believe the "OEM" in question is that they sell a speical version of windows, office, etc for system builders only.  Building a barebones kit makes you the "manufacturer".

Only if you can persuade Microsoft you are a commercial seller of complete computer systems.
Title: Re: OEM software purchased from site "B" legal?
Post by: jim.mar on October 09, 2010, 11:08:13 AM
WOW,   :o I certainly didn't expect all those kinds of responses. (I hope you guys are all friends still) To those of you that were honestly trying to help me solve my dilemma,  THANK YOU very much.   :)  I really appreciate all the time and effort that you put into it.  Always have.  I am deeply indebted to all of you members and experts that are willing to share your knowledge and talents with those  of us who are less informed.
That being said, I have decided what I am going to do....I am going to trash the "OEM" copy of Office 2003 that I purchased from eBay (I will eat the $32.00) and go shopping for a legitimate copy.  I may have my price, but it is certainly not $32.00...(the older I get the higher it gets)  ;D  meanwhile my receipt from Newegg  calls my Windows 7  software as OEM, while the packing slip calls it DSP? ?   So I am keeping that for the time being..    :-\

I have another question; are the older versions of "Office"  all compatible with Windows 7 (64 bit)??

Thanks again guys..   I have learned a lot from all of you.   JIM
Title: Re: OEM software purchased from site "B" legal?
Post by: patio on October 09, 2010, 11:14:02 AM
Open Office is Free and compatible with all MS Office apps...

Or if you are a Student currently there are substantial discounts on all MS products.

Best of Luck.
Title: Re: OEM software purchased from site "B" legal?
Post by: BC_Programmer on October 09, 2010, 11:15:42 AM
That being said, I have decided what I am going to do....I am going to trash the "OEM" copy of Office 2003 that I purchased from eBay (I will eat the $32.00) and go shopping for a legitimate copy.  I may have my price, but it is certainly not $32.00...(the older I get the higher it gets)  ;D

good call. 32$ definitely raises a LOT of questions; that's WAY too cheap, to me. At Patio says, you might want to also check out OpenOffice.


Quote
meanwhile my receipt from Newegg  calls my Windows 7  software as OEM, while the packing slip calls it DSP? ?   So I am keeping that for the time
being..    :-\
Yep, it's DSP; should be fine. Often times OEM us used erroneously and interchanged with "OEM".

Quote
I have another question; are the older versions of "Office"  all compatible with Windows 7 (64 bit)??

I can tell you that Office 2003 works on Win7 64-bit; I have it installed on this win7 machine and it works fine. I believe there are people running Office 97 just fine on win 7, as well.
Title: Re: OEM software purchased from site "B" legal?
Post by: jim.mar on October 09, 2010, 11:22:10 AM
THAK YOU  both..  I will look into OpenOffice.  I though that I checked it once and I could only use to to read, not write or modify...   See ya  JIM
Title: Re: OEM software purchased from site "B" legal?
Post by: Salmon Trout on October 09, 2010, 11:30:00 AM
I am going to trash the "OEM" copy of Office 2003 that I purchased from eBay (I will eat the $32.00) and go shopping for a legitimate copy.  I may have my price, but it is certainly not $32.00...(the older I get the higher it gets)  ;D  meanwhile my receipt from Newegg  calls my Windows 7  software as OEM, while the packing slip calls it DSP? ?   So I am keeping that for the time being..

Hold on!!!

http://www.buycheapsoftware.com/faq.asp

Quote
DSP means "Delivery Service Partner". OEM means "Original Equipment Manufacturer" and normally would have the hardware manufacturer's name stamped on it. DSP software is similar to OEM software however there is no manufacturer's name stamped on the manual or printed on the license. DSP software is more generic and OEM software is sold directly to the computer manufacturer. Thus the distribution channel is different for DSP. DSP software is distributed for smaller system integrators and system builder hobbyists for "clone" or no-name computers. Like OEM versions, DSP versions often come with only an electronic help manual, which is built-in to the software or a small getting-started manual. The software itself contains the same programs as the Retail Box version, except the Retail Box version normally comes with a small printed manual. Both OEM and DSP Microsoft software include a COA, which is a Certificate Of Authenticity label or sticker from the manufacturer.

Since DSP and OEM software is typically sold to more advanced users, system builders and computer consultants there is no technical support provided by the software manufacturer. However, because of the substantial support savings to the manufacturer the DSP and OEM versions are offered for sale at a significantly lower price.

Did you get a COA with both products? If so, I would hold back from trashing anything.

Quote
I have another question; are the older versions of "Office"  all compatible with Windows 7 (64 bit)??

As far back as Office 2000 is OK apparently, but Office 97 not compatible. Office 97 is not officially compatible with Windows 7, but it might be possible to install - not all features may work though.
 
Title: Re: OEM software purchased from site "B" legal?
Post by: Geek-9pm on October 09, 2010, 01:54:40 PM
Salmon Trout, thanks for that post above. Makes clear what DSP and OEM are. :)