rebranded oem software

[tiedyeguy64]

Is it legal to sell/buy rebranded OEM WinXP Pro CD's? I have a chance to purchase "Dell Windows XP Pro OEM CD's" complete with coa/license, supposedly 100% legal (yes, it will come with 'non-peripheral hardware').

I understand the deal with OEM & OEM-DSP CD's, but to see them as 'Dell' branded OEM cd's makes me wonder.

 

[gpalmer711]

Dell branded OEM CD's will likely only work with DELL machines. Most (possibly all) of the Branded OEM disks out there are BIOS Locked. Meaning that they can only be installed on the brand of machine that they were made for. Sometimes it is also dependant on the model of the machine you have.

My Advice would be to stear clear of it unles you can be 100% sure that it is compatable with your machine.

As for the legality of it, well thats something that has been discussed at length several times on this board. So far there has been no definitive answer.

You may also consider reading this great FAQ from bcastner faq779-4004

Greg Palmer
Free Software for Adminstrators

http://www.palmersoft.co.uk

 

[bcastner]

It is not legal. OEM licenses are made between Microsoft and the OEM, not the purchaser. DELL will not sell its OEM branded XP CDs. It does provide them to purchasers of their systems.

What you are obtaining are the CDs that accompanied at one time a Dell Computer Purchase. The CD is legal only on that computer, no other.

 

[gpalmer711]

I should mention that in my opinion this is illegal as MS has licenced the OEM license of XP to Dell who in effect Sub-License this to the owner of the machine that the license comes with. The licence is locked to that machine, not the owner.

Greg Palmer
Free Software for Adminstrators

http://www.palmersoft.co.uk

 

[gpalmer711]

Doh, Beat me to it bill!!

Greg Palmer
Free Software for Adminstrators

http://www.palmersoft.co.uk

 

[tiedyeguy64]

Thanks for the input. That's basically what I thought.

I have been wondering where all of these Dell-branded OEM CD's come from. (I also see them listed from other manufacturer's - Gateway, Compaq/HP, etc) To my knowledge, Dell does not sell software-only to third parties for resale, although you can purchase Dell computers for resale.

The thing that gets me is that I am finding some of these on the websites of reputable dealers.

I'll steer clear of them, though. I don't want to risk my reputation or business to save a couple of bucks.

Ironically, the computers I would be installing them on are Dells!

Thanks again for the input.

 

[bcastner]

Where do they come from?

Some are just copies. Some are very good copies with what appear as the Microsoft holograph. Others come from traditional gray market sources: you have someone who purchases 1,000 Dell machines for his comapny, and sells the license packs. If I sold you 1,000 license packs for $25 each, and you resold them for $75 each, I would net $25,000 and you would net $50,000. That is enough incentive for many. Finally, it is not unheard of for the license packs to simply be removed from Dell shipments. An unscrupulous Dell dealer can remove the license packs for each shipment and resell them in a gray market. Usually it is employees who are approached in this scheme.

 

[edfair]

The question was legality of buying. No problem there. License is another question, and that would depend on what MS and Dell worked out if this was really a DELL option. But I have serious doubts and would avoid it personally, with 1 exception. If I were supporting some DELLS of the same model I would buy 2 or 3 as backup for those customers that tend to lose their CDs.

Somebody buys 1000 Dell machines prepackaged with XP for use with some other operating system. The XP is redundent. Or several other scenearios.

Ed Fair
Give the wrong symptoms, get the wrong solutions.

 

[tiedyeguy64]

I've got 12 Dell computers here, with (4) of them still running WinME. I'm trying to get licenses to reinstall WinXP Pro...and I don;t want 'upgrades'. I want to do a clean install (I learned the hard way many years ago!)

I'm still tempted, but since the computers in question came from Dell with WinME licenses, not XP licenses, I think it would probably be considered against the licensing agreement for me to install them...

Since starting this thread, the company selling them has now admitted to me that they are "Dell reinstall" CD's, but claims they will install on any Dell machine. Correect me if I'm wrong, but a "reinstall" CD does not give a license for a new install...

 

[cdlvj]

An XP upgrade disk will install if you have qualifying products like Win 98 SE on.

You start a fresh install, and XP will ask for the CD/or floppy of the qualifying OS, and you're off.

I would suppose the OEM may not have this option.

 

[tiedyeguy64]

In this case, the computers came with WinME, not XP Pro...Reinstall cd's are for reinstalling the purchased operating system, not upgrading.

And, in fact, you cannot upgrade from 9x/ME (a product intended for the home consumer) to XP Pro (intended for businesses). I believe the only legal 'upgrade' from 9x/ME to XP is for XP Home edition. To upgrade to XP Pro you must be coming from NT/2000.

So they would not be legal even in that sense.

 

[cdlvj]

I just loaded XP-Pro (upgrade) with my Win 98 SE. The box shows qualifying OS. And Win 95 and Win 98 are not listed. It has to be Win 98 Second Edition.

 

[tiedyeguy64]

Hmmm...that's interesting. I looked into upgrades a while back, and the policy at that point was 98/ME -> XP hom, and NT/2K -> XP Pro...of course, MS can change that at will. There might have been enough complaints (and MS saw the potential for enough $$$) to change it.

I personally still don't want the u/g version - I always prefer the full version, even if its OEM. I always do a clean install as a matter of practice.

Is it possible to do a clean O/S install, then install all of my software to get the workstation up, and create an ISO? That way, if I ever needed to reinstall, I could simply use my stored ISO...

 

[bcastner]

Officially Win95 is not qualifying media, but it will work for clean installs. Any version of Win98 is qualifying. The message you read is in error.

"NOTE: By design, Win95 should not work as a qualifying product. However, there is a bug in the Setup program on Windows XP CDs (both Home Edition and Professional). Apparently, Microsoft will not be fixing this bug. As a result, though you will not be able to perform an upgrade installation from a Win95 install, the following operating system CDs will suffice as “Qualifying Media” for a clean install:

Windows NT Workstation, Versions 3.51 & 4.0
Windows 2000 Professional
Windows 95
Windows 98 (Original & Second Edition)
Windows Millennium Edition

Also, the old question remains of whether an OEM CD or “Restore Disk” supplied by your computer manufacturer will “qualify.” The answer is that not all will work for this purpose, mostly because the Windows CAB files are not in evidence. Check with your computer manufacturer to confirm that your copy qualifies, or buy your Upgrade copy directly from them. Presently, the only company that I have confirmed all their OEM CD’s will “qualify” is Dell. I talked to a Dell Representative during the XP Launch in New York City on the trade show floor who confirmed this and stated that they understood the importance of keeping it that way."

http://www.aumha.org/win5/a/xpupgrad.php