2005/9/21, Anuerin Diaz <[EMAIL PROTECTED]>:
> On 9/21/05, Holden Hao <[EMAIL PROTECTED]> wrote:
> > > They don't bother reading the licenses. Aside from the occasional
> > > geek, IP lawyers, and corporate sysadmins, who does?
> >
> > Yes, this is true.  There are Cafes who are now buying XP licenses but
> > they are buying OEM versions.  Rumor has it that OEM licenses are valid
> > if you purchase it along with a peripheral like a mouse.  I checked this
> > out at MS website.  Apparently, the earlier version of their license was
> > subject to misinterpretation that was why the rumor persisted.  They
> > have since changed the terms they used and it is now clear that OEM
> > versions can only be purchased along with a fully-assembled PC.
> >
>
> But doesnt that mean that OEM are usable for non-branded PCs? Or is
> there a provision that the license can only be used with the unit that
> was purchased at the same time as the license? If there is a provision
> like that then the seller of the unusable OEM license should also be
> liable.

If you purchased an OEM license without a PC, that is LEGALLY
unusable/invalid.
The vendor/seller could only sell the OEM license with a new PC.
Selling such OEM license without a new PC makes the seller
open to a court case. Both from MS and the vendee/buyer.
MS -> violation of agreement with VENDOR/SELLER.
Buyer -> based on warranty that the product is suitable for the
   purpose for which it was bought.

Unfortunately, this is what most COMPUTER SHOPS are doing,
selling OEM license even without a new PC.
I had to inform the COMPUTER SHOP (a very popular one)
where I inquired about license costs that selling OEM license
without a PC is NOT LEGAL.

I am not sure if they are unaware of the MS EULAs or they
intended to dispose of unsold OEM licenses.  :-)

HTH


Arys
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