Windows 10: How to legally use an OEM license.

Since MS has continued to use their asinine licensing for OEM copies, I am trying to find a way to use this license for the PCs I build for myself. I am fully aware that the OEM license is tied to the motherboard and have no problem with that.

Here is the language from the MS website:

"If you are building a system for your personal use or installing an additional operating system in a virtual machine, you will need to purchase a full version of Windows 10, available in FPP. Windows 10, Windows 8.1, and Windows 7 system builder software does not permit personal use, and is intended only for preinstallation on customer systems that will be sold to end users.*"

It is very clear that the OEM license is not meant to be used on a personal machine (even though they cannot be so naive as to why the OEM licenses are the most popular). Regardless, I am one who tries to follow the rules; despite the chance of getting caught is negligible, I will not break the rules.

I will, however, try to find a loophole. What is stopping me from selling the computer to my friend for $1, then he immediately sells it back to me for $1? There can be a cash exchange and I became a reseller of this license. Is there any reason I could not do this?

As a reseller, am I supposed to have an invoice with a record of the transaction (even though a cash transfer will be impossible to prove)? What actually counts as a transfer of ownership? Do I have to have him take possession and drive it to his house? Can I build it, have him come over and do a cash exchange twice without the computer ever moving?

I would appreciate anyone's input on this.

Thanks

:)

 

Windows 10 free upgrade and re-image rights

Is it also legal to do an fresh install of Windows 10 Prof using Volume License media, when the computer is licensed with Windows 7 Professional OEM?

 

Windows 10 OEM License Terms

The answer above is not correct. A System Builder license is an OEM license and is not for internal use, it is only for resale, the software must be preinstalled on hardware and the system sold. While System Builder and OEM licenses are sold in commercial
channels, it is not legal, these are examples of channel leakage. This statement is from the Microsoft Device Partner; OEM System builder licensing webpage:

"The Microsoft OEM System Builder License is designed to make it easy for system builders to acquireand distribute
genuine Microsoft software with the systems they build and sell. The licensing information found here will help you understand the OEM System Builder License, which is an agreement between you, the system builder, and
Microsoft."

From the OEM System Builder Licensing Guide:

Who are OEM System
Builders?

A System Builder is an original equipment manufacturer (OEM), assembler, refurbisher, or a software preinstaller
who builds
and sells a customer system to an end user or third party. The definition is broad to cover the various types of System
Builders who make up this channel.

It is not legal to buy System Builder or OEM Windows licenses and keep them for internal use, not even for an individual. An individual may build a system, but they cannot license it with OEM or System Builder licenses unless they
intend to sell it. Just because people do something does not make it legal.

 

Well, normally when you purchase a computer with an OEM installed Windows on it, the installation of Windows is done only to the up to the point where the first EULA license is displayed so then the buyer is the one who agrees to the EULA terms and conditions.

 

Hi there

Not sure with W10 but in W7 days you could get an OEM copy of windows at hugely discounted rates legally if you bought some hardware such as a Mouse etc.

Not sure if that loophole exists any more though. It would still only activate on a single computer and was non transferrable.

Your best bet is to get a cheap LEGAL retail copy of W7 and then until 29 July go for the free W10 upgrade.

Incidentally if you were a member of the Technet program and you have some W7 serials (most of those allowed at least 10 activations) then those serial numbers are valid for W10 upgrade. I've done a few myself.

As far as OEM license itself (system builders) you'll have to speak to Ms as regard to costs. I'm sure as a system builder and reseller you must have some sort of system for "Testing" -- I can't see Ms encouraging stuff to go out of the door untested.

Cheers
jimbo

 

Thanks for the replies. I guess I find it frustrating that MS almost intentionally tries to make criminals out of their customers with very vague rules and hidden licensing. If I go on Amazon and search for Windows 10 almost all results are for OEM copies. How is the average consumer going to know the difference?

Also, when I was an engineering student I had access to MSDNAA/Dreamspark. I still have these licenses to use, BUT I looked at their terms and it is very ambigious if I can actually use my Operating Systems:

b. Installation and Use Rights.You may install and use two (2) copies of the DreamSpark Direct Subscription software on your devices (a) to support your education; (b) in non-commercial research; or (c) to design, develop, test, and demonstrate software programs for the above purposes. The DreamSpark Direct Subscription and software are personal to you and may not be shared, transferred, resold, assigned or used to develop or maintain your own administrative or IT systems.
c. Using Windows Desktop Operating Systems.Your DreamSpark Direct Subscription includes certain Windows operating system products. You may install these products only on a computer that is already licensed to run a full version of a Windows operating system on it, as evidenced by a valid Certificate of Authenticity (COA) for a Windows operating system affixed to the computer.

What does "support your education" mean? Does this mean I can do some basic scripting to learn programming and say I am educating myself...or is it only to support obtaining a degree (also...how often would I have to do educational things...10% of the time...is it illegal to do things that do NOT support education such as gaming)? The language is so vague that theoretically EVERYONE breaks the EULA as soon as they game on their computer (or do banking...or any other mundane tasks that everyone does on their PCs).

The second bullet point is even worse than the first. It sounds like you cannot even install the OS on a PC you build yourself. The funny thing is that MS advertises Dreamspark as this great program to give free and legal access to students for their software, then proceeds to hide license terms that literally 0% of the population could follow exactly.

Edit: I just checked, I have 5 licenses available from my time as student that could be upgraded to W10. I am just not sure I am legally able to use them.

 

An interesting article, from 2009 and referring to W7, but never-the-less, addresses your question:
Is it OK to use OEM Windows on your own PC? Don't ask Microsoft | ZDNet

.

 

Honestly, the first bullet point I could justify, but the second bullet point explicitly states it can only be installed on devices that have a COA.

 

Hence the reason I said MS licensing makes everyone a criminal. *Smile

Based on the Dreamspark license, *ONLY* a COA computer with Windows Vista or older would anyone install these legally (as a COA Windows 7, 8, 8.1 can just upgrade to 10 for now).

Basically, they have created a website that is worthless for anyone who reads and actually follows license rules.

 

First of all. It doesn't make anyone a criminal unless you are engaging in mass infringement.

Copyright law gives the owner of the copyright the right sue you in civil court. Losing a lawsuit in civil court does not make you a criminal. Only criminal charges can. Despite what most software providers claim, copyright infringement is not theft in the criminal sense. It's more like trespassing (the infringement of a right to protect property). While you can be arrested for trespassing, there is both civil and criminal trespassing just like there is civil and criminal copyright infringement. It's all a matter of degree.

The point here is not that it's ok to infringe copyright, it's not. Just that using words like "criminal" or "stealing" or whatever are emotionally charged words that do not apply to what you are describing.

 

Fine...then it makes you a liar. You are agreeing to something and breaking an oath. An oath that can get you sued.

 

I intend to sell every computer that I build....eventually. That's not lying.