The Official OcUK Vista Licencing Questions FAQ Thread

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Burnsy is only trying to give the vast knowledge that he has to others. He is passionate about people going against the EULA but he does not have to give any reasons i suppose. That is up to him.
 
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the discussion is supposed to be about the facts of licensing - something is usually either legal or illegal - burnsy is trying to answer people's questions as to what is and isn't legal. it's black and white.

this isn't supposed to be a discussion about whether you thing the EULA is fair or whether you think it's ok to get around it or not.
 
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**Edit** Note, please take this at face value for what it's worth (possibly nothing) Idon't want to get into an argument about nit picking detail or opinion.

OK, seeing as we're going through all this I thought I'd add a bit of background info which might help with some perspective on why OEM is what it is. Brace yourselves, this could be a long ramble :D

Microsoft (along with other software publishers) released Original Equipment Manufacturer (OEM) versions of Windows (and Office, DOS, Encata etc) with a view to it only being preinstalled and shipped on complete system by the normal OEMs or system builders (i.e. Dell, IBM, Compaq, OCUK etc). Originaly this was done by "licensing" the manufacturers to pre install the MS products on shiping systems.

The OEM versions were designed to be cheaper because they were going to be mass pre installed on systems. They therefore were licensed only for the machine they shipped with for the life of that machine (hence why you have the COA sticker stuck on a case somewhere). In addition the burden of support lay with the OEM rather than Microsoft (this is still the case, if you install an OEM copy of Windows you are soley responsible for the support of that install with no free support access to Microsoft beyond the web and any private support relationship you may have with MS as a Partner or System Builder). This suited the OEMs as although they undertook to support the OS as well as the hardware it helped them cement an ongoing relationship with thier customer. Obviously the OEM versions also tended to not have manuals etc.

This was back at a time where very few end users upgraded PCs. History until that point suggested that PCs would be a commodity and would be used for 3-5 years and then replaced with a new system (companies tend to replace hardware every three years as that is the time they tend to get written off against tax).

Some of the more "enterprising" OEMs (and I don't mean any of the above) realised they could sell the OEM versions of the software along with an item of hardware to end users to supliment income and get around the OEM restrictions. This was never the original intention of the software and shows why, in part the EULA isn't paricularly end user friendly, it was never intended to be used by end users in that way. Last year Microsoft accepted that it was too late to bolt the stable door and accepted that OEMs would continue to sell OEM Windows and so removed the requirement for to to be supplied as part of a hardware transaction.

However, the limitations in term of transferability etc remain. Like Burnsy I suspect that if MS were forced into a corner over the tranferability they would be faced with two products, retail and OEM which were in effect exactly the same except one was cheaper. In this case I would expect MS to have to rethink the business model. Now that could mean they dropped retail pricing and just issued one version at OEM price. That seems unlikely though. The other option would be to change the OEM product so that it was no longer available to end users by, for example having a new agreement with the OEMs that to be eligable to buy OEM editions at that price they would have to undertake to only supply it on complete systems (complete could be defined as a pre assembled case, PSU, motherboard, processor and RAM for example).

Of course the last bit is purely conjecture and I doubt MS and it's partners would ever go down that path unless OEM misuse became a real problem, which I can't imagine it would. Still, just a bit of second guessing fun on my part :)

Hope that's a least a little useful in giving a bit of background around why the OEM restrictions are what they are and why they are there.

Ath
 
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I don't want this thread clogged up by endless debate, if it is people can't easily find the info their after.

All it'd be is speculation and opinions. Most of which would break the legally binding contract you accept. If you want to discuss whether the terms are unfair or can't (or won't) be enforced, then that is for a new topic and not for here.

Burnsy
 
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There's no need to have a pop at Burnsy though is there. He's tried to help answer peoples questions in a friendly way. Once you have the facts what you choose to do is entirely a decision for you.

The facts speak for themselves, if you choose to interpret them in a particular way, or believe MS have been leniant in their enforcement in a way that you believe makes the EULA invalid that's a matter between you and Microsoft legal department.

If you're that convinced of your facts you could do the community a service and start a legal discussion with MS or via the courts over it rather than harassing someone who is trying to be of help to the OCUK community.

Sheesh...
 
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Lots of good , (and not so good info in here) ;)

Whilst wanting to stay legal I will not be ripped off by UK prices. sorry, 'localisation' :rolleyes:

I take it there would be no problem using Vista purchased from the States ?
 
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duc999 said:
I take it there would be no problem using Vista purchased from the States ?

I have spoken to Microsoft about this and they told me that I could run any version of Windows Vista from the states in the UK but I would'nt be eligible for support from Microsoft UK, if anyone does'nt beleive me the number to ring is here 0870 60 10 100.
 
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duc999 said:
I take it there would be no problem using Vista purchased from the States ?
I can't see a problem with that other than you'd have to speak to MS USA for support. If you buy OEM, even from the US this wouldn't be a problem as you get no support with OEM editions from MS anyway.

I could be wrong but I have a feeling for the retail stuff in the UK you get 1 year of support free, in the US the default warranty for stuff tends to be 90 days.

I'm not sure it's a topic for here though as it's in effect taking sales from OCUK and a couple of posts about it earlier got nuked.
 
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lowrider007 said:
I have spoken to Microsoft about this and they told me that I could run any version of Windows Vista from the states in the UK but I would'nt be eligible for support from Microsoft UK, if anyone does'nt beleive me the number to ring is here 0870 60 10 100.
Beat me to it :)
 
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healthy debates dont go round in circles for 15 pages.

some people want to know about vista licensing facts, so read through this thread - they don't want to weed through all this talk of piracy to find what they want - just take it elsewhere.


"why should'nt people be aware that there could be a good possiblity that you may be able to get away with hardware changes on a OEM licence (with Microsoft's permission only of course)."

because doing so against the terms of the EULA would be using software without license - PIRACY.

just because you can get away with something, doesn't mean it's legal - if a policeman drives past you when you're doing 73mph, it doesn't mean the limit is 73 or above
 
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With XP to XP64, there is a way that you can upgrade your licence to 64bit, but once you do, you are stuffed and cannot legally go back.

Is this the same with the Vista upgrade though?

Im sure I read that Vista can go back to XP, 2K or even 9x if thats what you came from?

If you did indeed go back to your previous OS, whatthen about getting a refund on Vista?
 
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i have a question - that's what this thread is for, right?


If I have pre-ordered an OEM copy of vista from OcUK, and the EULA for it isn't available anywhere on the web, when I get it and I go to install it on my computer and I read the EULA and I decide I don't agree to it, can I get my money back?
 
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FatRakoon said:
With XP to XP64, there is a way that you can upgrade your licence to 64bit, but once you do, you are stuffed and cannot legally go back.

Is this the same with the Vista upgrade though?

Im sure I read that Vista can go back to XP, 2K or even 9x if thats what you came from?

If you did indeed go back to your previous OS, whatthen about getting a refund on Vista?

Vista Upgrade and retail will allow you to choose betweeen 32 and 64 bit and you can chop and change if you want. However, you can't get a refund, becuase you are using the Vista licence, but using the downgrade rights that you're entitled to.

Burnsy
 
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Rebelius said:
i have a question - that's what this thread is for, right?


If I have pre-ordered an OEM copy of vista from OcUK, and the EULA for it isn't available anywhere on the web, when I get it and I go to install it on my computer and I read the EULA and I decide I don't agree to it, can I get my money back?

Yes, you are fully entitled to a refund.

Burnsy
 
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dayloon said:
Totally agree, have to read the thread though its so funny watching some people defend the multi billion dollar corporation to their last breath. :D :p

Sorry Burnsy I know you mean well ( :confused: ) but I think we get the message and thank you for clarifying the letter of the agreement, at least we can all take our chances if we wish.

and to everyone else, if there is a possible combination of events that is not covered in this thread somewhere I would be very surprised so I think we have all the information we need.
 
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