OEM - System Builder? RRS feed

  • General discussion

  •  The insert below was from a statement Olaf wrote in answer to someone's question.  I found it very interesting and it brought up a question or two.  The insert is:

      "Windows Home Server is currently not sold to end users in a flashy retail box as software. It is only available as preinstalled hardware or as OEM/Systembuilder version."

      I was wondering the difference between flashy retail box as software and OEM/Systembuilder version.  Looking into this, I found the license agreement at www.microsoft.com/oem/sblicense and read it very carefully.  It looks like OEM version is for a person that sells computers to some one after they install the software.  The "flashy retail box" is for anyone to buy, install, and use.  OK.  But, you can purchase the OEM version almost anywhere and they (the seller) does not check if you are in business and plan to sell the computer you installed the software on to someone.  This looks to me if you purchased the OEM and use it yourself, you have violated the sb license.  If so, why doesn't Microsoft keep a better control over the OEM version?
      It is almost as they do not sell it as a retail item but do not do much to prevent anyone from getting it from OEM sellers.  Any one have a "reason" for that?


    Tuesday, November 11, 2008 5:11 AM

All replies

  • Hello,
    this gracious handling may be a result of the law in some other countries, like here in Germany making parts of the Microsoft EULA invalid. (There have been lawsuites in Germany against Microsoft in relation of vendors unbundling Windows OEM versions from computers and selling them separately, and Microsoft lost those, if I remember correctly.)
    Best greetings from Germany
    Tuesday, November 11, 2008 9:03 AM
  • R.T,

    The OEM designation was relaxed a little some time ago, allowing sales to self builders. However, the one thing to note, is that an OEM version doesn't allow the purchaser to get any Microsoft support - apart from places like this, or paying for it. The expectation is that as an OEM user, your are proficient in WHS.
    Also, an OEM copy is tied to the first system it is installed on and in theory could well be refused activation if it's transferred to another system. This essentially means that if your motherboard fails, you can only replace it with an identical version.

    I think maybe, that as WHS is so new, any restrictions in the license are, not ignored, but applied with some flexibility as I've re-installed a couple of times and re-activated with no problems.

    Another reason I think that it's not sold as retail, is to reduce the competition to the actual server retailers like HP et al. 


    If anyone answers your query successfully, please mark it as 'Helpful', to guide other users.
    Tuesday, November 11, 2008 5:55 PM
  • Good information, Guys, thanks.




    Wednesday, November 12, 2008 5:07 AM